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.