48.—(1) Where the Commission is of the opinion that an aspect of the recruitment process has been or is likely to be compromised, then the Commission may—

(a) issue instructions to the licence holder concerned, and

(b) issue a copy of those instructions to any other person it considers appropriate to issue a copy to.

(2) Nothing in subsection (1) shall be read as permitting an instruction to be issued which has the result of affecting any particular appointment or purported appointment or the recruitment process relating to that appointment or purported appointment.

(3) In issuing instructions to a licence holder under this section, the Commission shall at all times endeavour to ensure that it does not do so in a manner which materially inhibits the carrying out of functions by that licence holder.