Part 3Television and Radio Services F3ETC

Annotations:
Amendments (Textual)
F3

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

F2F1Chapter 4Regulatory provisions

Annotations:
Amendments (Textual)
F2

Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)

F1

Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)

Power to proscribe unacceptable foreign television and radio services

I1332Penalties for contravention of notification under s. 331

1

OFCOM may impose a penalty on a person who contravenes a requirement imposed on him by or under section 331.

2

Before imposing a penalty on a person under this section OFCOM must give him a reasonable opportunity of making representations to them about their proposal to impose the penalty.

3

The amount of the penalty imposed on a person is to be such amount not exceeding £5,000 as OFCOM determine to be—

a

appropriate; and

b

proportionate to the contravention in respect of which it is imposed.

4

In making that determination OFCOM must have regard to—

a

any representations made to them by the person notified under section 331; and

b

any steps taken by him for complying with the requirements imposed on him under that section.

5

Where OFCOM impose a penalty on a person under this section, they shall—

a

notify the person penalised; and

b

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

6

A penalty imposed under this section must be paid to OFCOM within the period fixed by them.

7

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 (3).

8

No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

9

For the purposes of this section there is a separate contravention in respect of every day on which the proscribed service is at any time included in a person’s multiplex service or distributed as part of his cable package.

10

In this section “multiplex service” and “cable package” each has the same meaning as in section 330.