Communications
2003 No. 19
A 319
PART IX—UNDERTAKINGS
81.—(1) A person may provide an undertaking to the Commission regarding
any matter for which this Act makes express provision.
Undertakings.
(2) An undertaking provided by a person under subsection (1) shall set out
the terms and conditions of the undertaking and may include the effective date of
the undertaking or the date of its expiry.
82.—(1) Subject to section 84 of this Act, all undertakings given by any
person to the Commission in any circumstance whatsoever shall be deemed as
duly registered and shall remain valid and enforceable at all times.
Registration
of undertakings.
(2) The Commission shall maintain a register of all existing undertakings,
in accordance with Part V of this Chapter.
83.—(1) The Commission may make and publish rules in respect of
undertakings and the rules shall bind the party making the undertakings and all
other persons relying on such undertakings as if they were respectively signed by
each person and contained agreements on the part of each person for himself and
for his successors to observe all the provisions of the rules.
Rules of
undertakings.
(2) The Commission may direct a person referred to in subsection (1) of
this Section to comply with the rules made under subsection (1) of this section
and any registered undertakings issued under this Part.
84. A person providing an undertaking may apply to withdraw the undertaking
at any time by notifying the Commission in writing and the undertaking shall only
be withdrawn upon such terms and subject to such conditions as the Commission
may specify.
Withdrawal
of
undertakings.
85. The Commission or a directly affected person may apply to a court for
the enforcement of an undertaking against the person providing the undertaking
if an undertaking has not been complied with.
Enforcement
of
undertakings.
PART X—REVIEW OF DECISIONS
86.—(1) A person who is aggrieved or whose interest is-adversely affected by
any decision of the Commission made pursuant to the exercise of the powers and
functions under this Act or its subsidiary legislation (“aggrieved person”) may request
in writing to the Commission for a statement of the reasons for the decision.
(2) The Commission shall, upon such written request by an aggrieved person,
provide a copy of a statement of reasons for the decision and any relevant
information taken into account in making the decision.
(3) The Commission is not required to publish, or to disclose to the aggrieved
person, a statement of reasons or a part of a statement of reasons if the publication
or disclosure would—
(a) disclose a matter that is, in the opinion of the Commission, of a
confidential character ;
(b) be likely to prejudice the fair trial of a person ; or
Reasons for
decisions.