Final Orders for securing compliance

29. (1) If the Commission proposes to make a final order or to declare an interim order to be a final order, the Commission shall give notice, (a) stating that it proposes to make the final order or to declare the interim order to be a final order;

1. (b) setting out the information referred to in sub-section (3) (b) of section 28 in respect of the proposed final order; and
2. (c) specifying the period (being not less than 60 days from the date of publication of the notice) within which representations or objections to the proposed order may be made; and shall consider any representations or objections that are duly made and not withdrawn. The Commission shall publish notice of such representations or objections and specify a period (being not less than 30 days from the date of publication of the notice) within which further representations or objections may be made.

1. (2) A notice under sub-section (1) above shall be given, (a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
   • (b) by serving a copy of the notice, and a copy of the proposed final order on the licensee to whom the order relates.
2. (3) The Commission shall not modify the proposed final order as a result of any representations or objections received following publications of the notice referred to in sub-section (1), except, (a) with the consent to the modification of the licensee to whom the proposed final order relates; and
   • (b) after complying with the requirements of sub-section (4) below.
3. (4) The requirements mentioned in sub-section (3) above are that the Commission shall:, (a) serve on the licensee to whom the proposed final order relates such notice as appears to the Commission requisite of its proposal to modify the proposed final order, together with details of such modifications;
   • (b) in that notice specify the period (being not less than 30 days from the date of the service of the notice) within which representations or objections to the proposed modifications can be made; and
   • (c) consider any representations or objections which are duly made and not withdrawn within 10 days.
4. (5) The provisions of clauses (a) and (b) of sub-section (6) of section 28 shall apply to final orders.
5. (6) As soon as practicable after making a final order, the Commission shall with respect to the final order, follow the procedure set out in clauses (a) and (b) of sub-section (7) of section 28.
6. (7) The Commission may revoke a final order at any time, but before revoking a final order the Commission shall give notice:, (a) stating that it proposes to revoke the order and setting out its effect; and
   • (b) specifying the period (being not less than 30 days from the date of delivery of the notice) within which representations or objections to the proposed publication may be made, and shall consider any representations or objections which are duly made and not withdrawn within 10 days.
7. (8) If, after giving a notice under sub-section (7) above, the Commission decides not to revoke the final order to which the notice relates, it shall give notice of its decision to the concerned persons.
8. (9) A notice under sub-section (7) or (8) above shall be given by the procedure set out in clauses (a) and (b) of sub-section (7) of section 28.