Joint provisional notices of contraventionU.K.
1(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.
Commencement Information
I1Sch. 15 para. 1 not in force at Royal Assent, see s. 240(1)
I2Sch. 15 para. 1 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z24)