Valid from 01/04/2014
18U.K.In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
“(5)Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(6)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.
(7)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.”