SCHEDULES

SCHEDULE 15Liability of parent entities etc

1Joint provisional notices of contravention

1

This paragraph applies if—

a

OFCOM are satisfied that there are grounds to give an entity (“E”) a provisional notice of contravention relating to a regulated service, and

b

E is the provider of that service.

2

If there is an entity which is a parent undertaking in relation to E, the provisional notice of contravention may be given—

a

to E alone, or

b

jointly to E and to an entity which is a parent undertaking in relation to E.

3

If there is an entity which is a subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

a

to E alone, or

b

jointly to E and to an entity which is a subsidiary undertaking in relation to E.

4

If E is a subsidiary undertaking and there is an entity which is a fellow subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

a

to E alone, or

b

jointly to E and to an entity which is a fellow subsidiary undertaking in relation to E.

5

If an individual or individuals control E (see paragraph 5(4)), the provisional notice of contravention may be given—

a

to E alone, or

b

jointly to E and to the individual or individuals who control E.

6

If a provisional notice of contravention is given jointly as mentioned in sub-paragraph (2)(b), (3)(b), (4)(b) or (5)(b), section 130(8) is to be read, in its application for the purposes of this paragraph, as if it included a reference to representations about whether joint and several liability would be appropriate.