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Part III · Modification and Enforcement of Licences

35. Procedure for making enforcement orders

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Before making an enforcement order under section 34, the Commission shall—

(a)

publish a notice in such manner as it thinks is appropriate for bringing the matter to the attention of persons likely to be affected by the enforcement order, stating that the Commission is proposing to make such order;

(b)

serve on the licensee a copy of the notice and a copy of the proposed order.

(2)

A notice referred to in subsection (1) shall set out -

(a)

the relevant licence conditions or statutory requirements with which the proposed order is intended to secure compliance;

(b)

the acts or omissions which in the opinion of the

Commission constitute a contravention of that condition or requirement;

(c)

any other facts which in the opinion of the

Commission justify the making of the proposed order;

(d)

the effects of the proposed order; and

(e)

the period, not being less than twenty eight days from the date of the notice, within which the licensee may make representations or objections to the proposed order.

(3)

Before making an enforcement order under section 34, the Commission shall consider any representations and objections made to it under subsection (2).

(4)

The Commission shall not make an enforcement order if it is satisfied that—

(a)

the licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take, to secure compliance with the condition or requirement in question;

(b)

that the objectives imposed on the Commission by section 4 precludes it from doing so; or

(c)

the contraventions or apprehended contraventions are trivial.

(5)

As soon as practicable after making an enforcement order, the Commission shall—

(a)

serve a copy of the order on the licensee to whom the order relates; and

(b)

publish the order in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it.

(6)

Before revoking an enforcement order, the Commission shall—

(a)

publish a notice in such manner as it thinks appropriate for bringing the proposed order of revocation to the attention of persons likely to be affected by it;

(b)

serve a copy of the proposed order of revocation on the licensee; and

(c)

consider any representations and objections made in response to the notice.

(7)

Every notice published under subsection (6 ) shall -

(a)

state that the Commission proposes to revoke the order specified in the notice and the effect of the revocation; and

(b)

specify a period of not later than twenty eight days from the date of publication of the notice, within which representations or objections to the proposed order of revocation may be made to the Commission.

(8)

If after considering any representations and objections made in response to a notice published under subsection (6), the Commission decides not to revoke the enforcement order to which the notice relates, it shall give notice of its decision to the persons affected.