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The Electronic Communications and Wireless Telegraphy Regulations 2011

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11.  In section 33 (offence of failing to provide information)—U.K.

(a)in subsection (1) after “32” insert “ or 32A ”,

(b)in subsection (3) for “a fine not exceeding level 3 on the standard scale” substitute—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(c)in subsection (4)(a) after “32” insert “ or 32A ”,

(d)in subsection (5) for “a fine not exceeding level 5 on the standard scale” substitute—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both., and

(e)after subsection (5) insert—

(6) Proceedings for an offence under this section may be brought in respect of a contravention by a person of a requirement imposed under section 32A only if OFCOM have not imposed a financial penalty under sections 32C and 32E in respect of that contravention.

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