SCHEDULES
SCHEDULE 14Regulators: use of powers under the 1998 Act
Communications Act 2003 (c. 21)
17
In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
10
Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
10A
OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
10B
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.