PART 7OFCOM's powers and duties in relation to regulated services

CHAPTER 4Information

Information powers and information notices

102Information notices

1

A notice given under section 100(1) or 101(1) is referred to in this Act as an information notice.

2

An information notice may require information in any form (including in electronic form).

3

An information notice must—

a

specify or describe the information to be provided,

b

specify why OFCOM require the information,

c

specify the form and manner in which it must be provided, and

d

contain information about the consequences of not complying with the notice.

4

An information notice must specify when the information must be provided (which may be on or by a specified date, within a specified period, or at specified intervals).

5

An information notice requiring a person to take steps of a kind mentioned in section 100(3) must give the person at least seven days’ notice before the steps are required to be taken.

6

An information notice may specify a place at which, and a person to whom, information is to be provided.

7

A person to whom a document is produced in response to an information notice may—

a

take copies of, or extracts from, the document;

b

require the person producing the document, or a person who is or was an officer of that person, or (in the case of a partnership) a person who is or was a partner, to give an explanation of it.

8

A person to whom an information notice is given has a duty—

a

to act in accordance with the requirements of the notice, and

b

to ensure that the information provided is accurate in all material respects.

9

OFCOM may cancel an information notice by notice to the person to whom it was given.

10

In this section—

  • information” includes documents, and any reference to providing information includes a reference to producing a document;

  • officer”, in relation to an entity, includes a director, a manager, an associate, a secretary or, where the affairs of the entity are managed by its members, a member.

11

In relation to information recorded otherwise than in a legible form, references in this section to producing a document are to producing a copy of the information—

a

in a legible form, or

b

in a form from which it can readily be produced in a legible form.