Enterprise and Regulatory Reform Act 2013 (c. 24)

SCHEDULES

Valid from 01/04/2014

SCHEDULE 14 U.K. Regulators: use of powers under the 1998 Act

Communications Act 2003 (c. 21) U.K.

17 U.K. 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.”