The Electronic Communications and Wireless Telegraphy Regulations 2011

61.  In section 102 (procedure for directions under section 100 and 101)— U.K.

(a) in subsection (1) after “case,” insert “ or a case where Condition A in section 100 is satisfied, ”,

(b) for subsection (2) substitute—

“(2) That period must be—

(a) in relation to a direction under section 100, such reasonable period as OFCOM may determine, and

(b) in relation to a direction under section 101, a period ending not less than one month after the day of the giving of the notification.”,

(c) after subsection (3) insert—

“(3A) In relation to a direction under section 100 in an urgent case, as soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

(a) whether the contravention providing the grounds for the giving of the direction did occur; and

(b) whether the circumstances made it an urgent case justifying the giving of the direction.

(3B) The period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if OFCOM—

(a) require additional time to consider representations received; or

(b) decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).”, and

(d) in subsection (6) for the definition of “contravening provider” substitute—

““contravening provider” means a person who is a communications provider or makes associated facilities available;”