This section has no associated Explanatory Notes
6(1)This paragraph applies (in addition to paragraph 5) if—U.K.
(a)a person has been given a notification under paragraph 2,
(b)OFCOM have allowed the person an opportunity of making representations about the matters notified, and
(c)the period allowed for the making of the representations has ended.
(2)OFCOM may impose a penalty on a person if the person has, in one or more of the respects notified, been in contravention of a requirement specified in the notification under paragraph 2.
(3)If a notification under paragraph 2 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
(4)If a notification under that paragraph relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
(5)OFCOM may also impose a penalty on a person if the person is contravening, or has contravened, a requirement of an enforcement notification given under paragraph 5.
(6)If OFCOM impose a penalty on a person under this paragraph, they must—
(a)within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for it, and
(b)in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
(7)A penalty imposed under this paragraph—
(a)must be paid to OFCOM, and
(b)if not paid within the period fixed by them, is to be recoverable by them accordingly.