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The Electronic Communications and Wireless Telegraphy Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1210
- SCHEDULE 1
- Paragraph 82
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82. In section 139 (penalties for contravention of information requirements)—U.K.
(a)for subsection (1) substitute—
“(1) This section applies where a person is given a notification under section 138 which specifies a proposed penalty.”,
(b)in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “ specify a penalty ”,
(c)omit subsection (2)(a) and (b),
(d)in subsections (3) and (4) for “imposed” substitute “ specified ”,
(e)after subsection (4) insert—
“(4A) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a)the giving of a confirmation decision under section 139A(4)(c) which requires immediate action; or
(b)the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(4B) The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.”,
(f)in subsection (5) for “a penalty imposed” substitute “ any other penalty notified ”, and
(g)omit subsections (6) to (8).
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