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39. In section 368K (suspension or restriction of service)(1)—
(a)in the heading, after “contraventions” insert “or failures”;
(b)in subsection (1)(a)—
(i)after “368BA” insert “, 368CB”;
(ii)after “368BC” insert “, or has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively”;
(c)for subsection (1)(b) substitute—
“(b)that the imposition of one or more financial penalties or enforcement notifications under section 368BB, 368BD, 368I or 368IA has not resulted in the remedying of the contravention or failure in question; and”;
(d)in each of subsections (1)(c), (2)(c) and (3), after “contravention” insert “or failure”.
Section 368K was inserted by S.I. 2009/2979; subsection (1) was amended by S.I. 2010/419 and section 93 of the Digital Economy Act 2017.
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