Part 2: Prominence on television selection services References of disputes to OFCOM Section 362AV Interim measures
This new section empowers OFCOM to make interim measures where OFCOM decides whether or not it is appropriate for them to handle a dispute, or where a dispute is referred back to OFCOM. Such measures may include an interim declaration setting out the rights and obligations of the parties, an interim direction fixing the terms or conditions of transactions between the parties of a dispute or imposing an obligation on the parties to enter into a transaction between themselves on the terms and conditions fixed by OFCOM: subsection (2). Such interim measures cannot be imposed until OFCOM have given the parties an opportunity to make representations and considered any such representations received about the imposition of interim measures: subsection (4). Such interim measures bind the parties of the dispute unless they are withdrawn by OFCOM or cease to have effect as a result of legal proceedings staying or sisting OFCOM’s handling of the dispute: subsection (9).