Amount of penalty under Regulation 7U.K.
8.—(1) The amount of a penalty imposed under regulation 7 other than a penalty falling within regulation 7(4) shall be such amount in the case of a breach of an information requirement not exceeding £2,000,000 and in the case of any other breach of Article 5a or these Regulations not exceeding ten per cent of the turnover of the notified provider's relevant business for the relevant period, as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the breach in respect of which it is imposed.
(2) For the purposes of this regulation the turnover of a person's relevant business for a period shall be calculated in accordance with regulation 9.
(3) In this regulation and regulation 9—
“notified person” has the same meaning as in regulation 6;
“relevant period” means—
except in the case falling within subparagraphs (b) or (c), the period of one year ending with the 31st March next before the time when notification of the breach was given under regulation 5;
in the case of a person who at that time has been carrying on that business for a period of less than a year, the period, ending with that time, during which he has been carrying it on; and
in the case of a person who at that time has ceased to carry on that business, the period of one year ending with the time when he ceased to carry it on.
“relevant business” means so much of any business carried on by the notified person as consists in the provision of electronic communications services.
Commencement Information
I1Reg. 8 in force at 30.6.2019, see reg. 1(1)