- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (13/07/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 21/12/2020
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Communications Act 2003, Section 104 is up to date with all changes known to be in force on or before 01 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The obligation of a person to comply with—
(a)the conditions set under section 45 which apply to him,
(b)requirements imposed on him by an enforcement notification under section 95, F2...
[F3(ba)requirements imposed on the person by a notification under section 96A and a confirmation decision under section 96C; and]
(c)the conditions imposed by a direction under section 98 [F4, 100 or 100A] ,
shall be a duty owed to every person who may be affected by a contravention of the condition or requirement.
(2)Where a duty is owed by virtue of this section to a person—
(a)a breach of the duty that causes that person to sustain loss or damage, and
(b)an act which—
(i)by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
(ii)is done wholly or partly for achieving that result,
shall be actionable at the suit or instance of that person.
(3)In proceedings brought against a person by virtue of subsection (2)(a) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the condition or requirement in question.
(4)The consent of OFCOM is required for the bringing of proceedings by virtue of subsection (1)(a).
(5)Where OFCOM give a consent for the purposes of subsection (4) subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on by that person except in compliance with those conditions.
Textual Amendments
F1Words in s. 104 heading substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 63(c) (with Sch. 3 paras. 2, 13)
F2Word in s. 104(1)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 63(a) (with Sch. 3 paras. 2, 13)
F3S. 104(1)(ba) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 63(a) (with Sch. 3 paras. 2, 13)
F4Words in s. 104(1)(c) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 63(b) (with Sch. 3 paras. 2, 13)
Commencement Information
I1S. 104 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2S. 104 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
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