Broadcasting Act 2009

51.

Termination or suspension of contract under Part 6 or 8.

51.— (1) Without prejudice to any specific provision of this Act, or of a contract made under it, the Compliance Committee may recommend to the Authority that the Authority terminate or suspend, for such period of suspension as the Compliance Committee considers reasonable and specifies in the recommendation, a contract entered into by the Authority under Part 6 or 8

( a) if any false or misleading information of a material nature was given to the Contract Awards Committee by or on behalf of the holder of the contract before it was entered into, or

( b) if the holder of the contract has, upon a finding by the Compliance Committee under section 50 (7) , having regard to the investigation concerned under that section, failed on one or more occasions to comply with a term or condition of the contract and the nature of that failure is of such seriousness as, in the opinion of the Compliance Committee, warrants the termination or suspension of the contract,

and the Authority shall—

(i) where the Compliance Committee recommends that the contract be suspended, suspend the contract concerned for such period as the Compliance Committee recommends or, having regard to all the circumstances, for such lesser period as the Authority considers appropriate, or

(ii) where the Compliance Committee recommends that the contract be terminated, terminate the contract concerned or, having regard to all the circumstances, suspend the contract for such period as the Authority considers appropriate.

(2) Where the Compliance Committee proposes to make a recommendation under subsection (1) the Committee shall by notification afford the holder of the contract concerned an opportunity to make submissions, in accordance with any rules made under subsection (3), at a hearing before the Committee in respect of the matter under consideration.

(3) The Compliance Committee shall make rules providing for the conduct of a hearing under subsection (2). The rules shall provide for the period in which submissions under subsection (2) are to be made. The rules may include provision for an oral or other form of hearing, as appropriate.

(4) A decision to terminate or suspend a contract by the Authority under this section, any other provision of this Act or a provision of the contract, may be appealed by the holder of the contract to the High Court.

(5) The members of the Authority making a decision under subsection (1) (i) or (ii) in relation to the suspension or termination of a contract shall not include a member of the Compliance Committee who made the recommendation to the Authority. The Authority may allow the holder of the contract concerned to make further submissions to it, if it considers it appropriate, in accordance with any rules it makes (which may include the possibility of a hearing).

(6) A contract terminated or suspended under this section, under any other provision of this Act or under a provision of the contract, shall—

( a) in case it is terminated, cease to have effect, and

( b) in case it is suspended, cease to have effect for the period for which it is suspended.