SCHEDULES

SCHEDULE 8Information provisions

Part 1Requirements to provide information to OFCOM

Restrictions on imposing requirements in case of conditions of general application

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1

This paragraph limits the circumstances in which OFCOM may require the provision of information under paragraph 1 for the purpose of ascertaining whether there is, or has been, a contravention of a condition of general application.

2

OFCOM may require the provision of information for that purpose only if—

a

the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint,

b

the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the condition in question has been complied with,

c

the condition in question is one which OFCOM have reason to suspect is one that has been, or is being, contravened, or

d

the condition in question falls within section 42(2)(b).

3

A “condition of general application” means a regulatory condition other than a designated USP condition, a USP access condition or a USP accounting condition.