Communications
2003 No. 19
A 317
(a) which are no longer necessary in the national interest ;
(b) which are no longer necessary to ensure the objects of this Act or its
subsidiary legislation ; or
(c) for any other reason that the Commission thinks is relevant.
(2) The procedures set out in section 71 of this Act shall apply mutatis mutandis
in respect of any modification, variation or revocation of a regulation or guideline.
PART VII—NOTIFICATION AND RESOLUTION OF DISPUTES
73. The Commission shall have powers to resolve disputes between persons
who are subject to this Act (“the parties”) regarding any matter under this Act or
its subsidiary legislation.
Commission’s
powers to
resolve
disputes.
74.—(1) An attempt shall first be made by the parties to resolve any dispute
between them through negotiation before the involvement of the Commission.
Resolution of
disputes by
parties.
(2) If one of the parties to the dispute has provided an undertaking that is
relevant to the subject matter of the dispute and the Commission in accordance
with Part IX of this Chapter has registered the undertaking, the parties may adopt
the conditions of the undertaking for the purposes of resolving the dispute.
75.—(1) A party to a dispute may, in writing, notify the Commission of the
dispute and the Commission may only resolve a dispute under this Part if it is notified
in writing of the dispute and requested by either or both parties to intervene thereon.
Notification
of disputes.
(2) The Commission may publish guidelines setting out the principles and
procedures that it may take into account in resolving disputes or a class of disputes
under this Part.
(3) The Commission shall, upon receipt of the notification of the dispute referred
to in Subsection (1) of this section, as soon as practicable, convene to decide the
dispute.
(4) The Commission shall convene to decide a dispute if it is satisfied that :
(a) an agreement shall not be reached, or will not be reached within a
reasonable time ;
(b) the notification of the dispute is not trivial, frivolous or vexatious ; and
(c) the resolution of the dispute would promote the objects of this Act or its
subsidiary legislation.
76.—(1) Subject to the objects of this Act and any guidelines issued by the
Commission under this Part, the Commission may resolve the dispute in such manner
including but not limited to Alternative Dispute Resolution processes and upon such
terms and conditions as it may deem fit.
(2) The Commission, in carrying out its functions under Subsection (1) of
this section, shall always be guided by the objective of establishing a sustained
dispute resolution process that is fair, just, economical and effective and that
shall not be bound by technicalities, legal form or rules of evidence and that shall
at all times act according to the ethics of justice and the merits of each case.
Resolution of
disputes by
Commission.