reg 15 Resolution of disputes: procedure
(1) The procedure for the consideration and determination of a dispute is the procedure OFCOM consider appropriate (except to the extent the procedure is provided for in these Regulations). (2) Before making a determination, OFCOM must consult any person who has functions of a public nature that OFCOM consider relevant. (3) The only person consulted in respect of whether a request (or any part of it) was correctly refused on national security grounds must be the appropriate Minister of the Crown (and paragraphs (4) to (6) apply when OFCOM consult in respect of such a refusal). (4) The Minister must provide an opinion. (5) The opinion may include such information as the Minister considers appropriate except that— (a) it must, as a minimum, include a statement as to whether it was correct to refuse the request on national security grounds (to the extent it was refused on those grounds); and (b) it must not include information the disclosure of which might prejudice national security. (6) OFCOM must follow the opinion of the Minister. (7) Subject to paragraphs (8) and (9), OFCOM must send a copy of their determination, together with a full statement of their reasons for it, to— (a) every party to the dispute; and (b) any person who has functions of a public nature that OFCOM consider relevant. (8) Information must not be included in the material sent under paragraph (7) where its inclusion would be prejudicial to national security (see paragraph (13)). (9) The requirement in paragraph (7) is not to be taken to require disclosure of information that is commercially confidential. (10) OFCOM must publish so much of their determination and the reasons for it as (having regard in particular to the need to preserve commercial confidentiality and subject to paragraph (11)) they consider appropriate. (11) OFCOM must not publish information under paragraph (10) where to do so would be prejudicial to national security (see paragraph (13)). (12) Information published under paragraph (10) must be published in such manner as OFCOM consider appropriate for bringing it to the attention (to the extent they consider appropriate) of members of the public. (13) If the appropriate Minister of the Crown has provided an opinion under paragraph (4), OFCOM must consult the Minister as to the application of paragraphs (8) and (11) and follow the opinion of the Minister in that regard. (14) Where the appropriate Minister of the Crown is required to give an opinion under paragraph (4), the Minister must do so within a timescale that has regard to the time limit applicable under regulation 13(2) for OFCOM to make a determination. (15) Where a person (other than an appropriate Minister of the Crown being consulted about national security) is consulted under paragraph (2), OFCOM must not proceed to make a determination until— (a) the person consulted has responded; or (b) no response has been provided and a reasonable period for providing a response has been allowed (having regard to the time limit applicable under regulation 13(2)).