Valid from 01/04/2014
This section has no associated Explanatory Notes
17U.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.”