PART 7OFCOM's powers and duties in relation to regulated services
CHAPTER 6Enforcement powers
Provisional notices and confirmation decisions
132Confirmation decisions
(1)
This section applies if—
(a)
OFCOM have given a provisional notice of contravention to a person in relation to a failure to comply with a duty or requirement (or with duties or requirements), and
(b)
the period allowed for representations has expired.
A duty or requirement to which the provisional notice of contravention relates is referred to in this section as a “notified requirement”.
(2)
If, after considering any representations and evidence, OFCOM decide not to give the person a notice under this section, they must inform the person of that fact.
(3)
If OFCOM are satisfied that the person has failed, or has been failing, to comply with a notified requirement, OFCOM may give the person a notice under this section (a “confirmation decision”) confirming that that is OFCOM’s opinion.
(4)
A confirmation decision and a notice under section 121(1) may be given in respect of the same failure.
(5)
A confirmation decision given to a person may—
(a)
require the person to take steps as mentioned in section 133;
(b)
require the person to pay a penalty as mentioned in section 137;
(c)
require the person to do both those things (or neither of them).
(6)
See sections 134 and 135 for further provision which a confirmation decision may include in cases of failure to comply with duties about risk assessments or children’s access assessments.