SCHEDULES
SCHEDULE 15Liability of parent entities etc
4Liability of fellow subsidiary entities for failures by subsidiary entities
1
This paragraph applies if—
a
OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,
b
E is the provider of that service,
c
E is a subsidiary undertaking, and
d
there is an entity which is a fellow subsidiary undertaking in relation to E (a “fellow subsidiary entity”).
2
The relevant decision or notice may be given—
a
to E alone, or
b
jointly to E and to a fellow subsidiary entity.
3
But—
a
before giving a penalty notice to a fellow subsidiary entity, or giving a confirmation decision to a fellow subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—
i
the matters contained in the decision or notice, and
ii
whether joint and several liability would be appropriate; and
b
a relevant decision or notice may be given to a fellow subsidiary entity only if that entity’s acts or omissions contributed to the failure in respect of which the decision or notice is given.
4
If a relevant decision or notice is given to entities jointly as mentioned in sub-paragraph (2)(b), those entities are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.
5
See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).