Broadcasting Act 2009

139ZJ

F236[Notice of commencement of investigation.

139ZJ. (1) An authorised officer directed to carry out an investigation under section 139ZI(1) shall give the F237[inquiry subject] a notice in writing of the commencement of the investigation.

(2) The notice shall include—

(a) a statement of the nature and particulars of the suspected contravention,

(b) a copy of the terms of the investigation defined under section 139ZI(3), and

(c) a copy of any material relied upon by the person referred to in section 139ZI(3) in defining those terms or notice of the place at which such material may be inspected and copied by the F237[inquiry subject].

(3) A notice under subsection (1) shall state that the F237[inquiry subject] may respond in writing to the contents of the notice within—

(a) the period of 10 working days from the date on which the notice was received, or

(b) any further period, of not more than 10 working days, that the authorised officer considers necessary to give the F237[inquiry subject] an opportunity to respond.]

F238[(4)In the case of an investigation pursuant to a direction under section 139ZI(1) which is a joint investigation to which Article 60 applies, the authorised officer shall also give the inquiry subject notice in writing of

(a) the Member State Digital Services Coordinators or other Member State competent authorities participating in the investigation, and

(b) the deadline for the conclusion of the investigation.]

Annotations

Amendments:

F236

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 47, S.I. No. 71 of 2023, other than insofar as it relates to a failure to comply with section 128B(1) or (2) or any rules made under section 128C.

F237

Substituted (17.02.2024) by Digital Services Act 2024(2/2024), s. 17(a), S.I. No. 53 of 2024.

F238

Inserted (17.02.2024) by Digital Services Act 2024(2/2024), s. 17(b), S.I. No. 53 of 2024.