Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Electronic communications code
112Penalties for contravention of code restrictions
1
This section applies (in addition to section 111) where—
a
a person (“the notified provider”) has been given a notification under section 110;
b
OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may impose a penalty on the notified provider if he—
a
has been in contravention, in any of the respects notified, of a requirement specified in the notification under section 110; and
b
has not, during the period allowed under that section, taken all such steps as they consider appropriate—
i
for complying with the notified requirement; and
ii
for remedying the consequences of the notified contravention of that requirement.
3
Where a notification under section 110 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
Where such a notification relates to a continuing contravention, no more than one penalty may be imposed under this section in respect of the period of contravention specified in the notification.
5
OFCOM may also impose a penalty on the notified provider if he has contravened, or is contravening, a requirement of an enforcement notification.
6
The amount of a penalty imposed under this section is to be such amount not exceeding £10,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
7
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified provider;
b
any steps taken by him towards complying with the requirements contraventions of which have been notified to him under section 110; and
c
any steps taken by him for remedying the consequences of those contraventions.
8
Where OFCOM impose a penalty on a person under this section, they shall—
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
9
A penalty imposed under this section—
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
10
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (6).
11
No order is to be made containing provision authorised by subsection (10) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.