Powers of Commission to pass orders and enforce decisions

(1) Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant condition or requirement, it shall by final order under section 31 and, if it thinks it appropriate in accordance with sub-section (2) by Interim order under this section, issue such directions as it deems proper for securing compliance.

(2) In determining whether it is appropriate that an interim order be made, the Commission shall have regard, in particular to-

(a) the extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act;

(b) the extent to which any person is likely to sustain loss or damage in consequence of anything which, is likely to be done, or omitted to be done, in contravention of the relevant condition or requirement, before a final order can be made; and

(c) the extent to which(having regard to the following provisions of this section) there is any other available remedy in respect of the alleged contravention of a relevant condition or requirement.

(3) If the Commission proposes to make an interim order, it shall give notice to the licensee-

(a) stating that it proposes to make the order;

(b) setting out –

(i) the relevant condition or requirement which the proposed order is intended to secure compliance;

(ii) the acts or omissions which, in its opinion constitute contravention of that condition or requirement;

(iii) the other facts which in its opinion, justify the making of the proposed order; and

(iv) the effects of the proposed order;

(c) specifying the period (being not less than five days from the date of notice) within which the licensee may make representations or objections to the proposed order.

(4) Subject to sub-section (5), having considered any representations or objections from the licensee pursuant to clause (c) of sub-section (3), the Commission may make an interim order (which may be modified from the proposed order following the licensee's representations or objections) at any time after the expiry of the period referred to in clause (c) of sub-section (3), if

(a) the Commission has reason to believe that the licensee to whom the order relates has contravened or is contravening or is likely to contravene any relevant condition or requirement; and

(b) the provisions made by the order are requisite for the purpose of securing compliance with that condition or requirement.

(5) The Commission may not make an interim order if it is satisfied that licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take to secure or facilitate compliance with the condition or requirement in question.

(6) An interim order-

(a) shall require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified.

(b) shall take effect from such time, being the earliest practicable time as is determined by the order; and

(c) may be revoked, modified or rescinded at any time by the Commission, but in any event shall cease to have effect at the end of such period as is stated in the order unless the Commission is at that time following the procedure set out in section 31 of this Act to declare the interim order to be a final order.

(7) As soon as practicable after making an interim order, the Commission shall-

(a) serve a copy of the order on the licensee to whom the order relates;

(b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(c) commence proceedings to declare the interim order to be a final order in accordance with section 31 of this Act.