Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Administrative charges imposed on providers
43Enforcement of directions under s. 42
(1)
A person is guilty of an offence if he provides an electronic communications network or electronic communications service, or makes available any associated facility—
(a)
while his entitlement to do so is suspended by a direction under section 42; or
(b)
in contravention of a restriction contained in such a direction.
(2)
A person guilty of an offence under subsection (1) shall be liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum;
(b)
on conviction on indictment, to a fine.
(3)
The duty of a person to comply with a condition of a direction under section 42 shall be a duty owed to every person who may be affected by a contravention of the condition.
(4)
Where a duty is owed by virtue of subsection (3) to a person—
(a)
a breach of the duty that causes that person to sustain loss or damage, and
(b)
an act which—
(i)
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
(ii)
is done wholly or partly for achieving that result,
shall be actionable at the suit or instance of that person.
(5)
In proceedings brought against a person by virtue of subsection (4)(a) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the condition in question.
(6)
Sections 94 to 99 apply in relation to a contravention of conditions imposed by a direction under section 42 as they apply in relation to a contravention of conditions set under section 45.