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PART 11U.K.Supplementary and general

Liability of providers etcU.K.

195Providers that are not legal personsU.K.

(1)In this section a “relevant entity” means an entity that—

(a)is the provider of a regulated service, and

(b)is not a legal person under the law under which it is formed.

(2)If a penalty notice is given to a relevant entity (in the name of the entity), the penalty must be paid out of the entity’s funds.

(3)If a notice is given by OFCOM to a relevant entity (in the name of the entity) under any provision of this Act, the notice continues to have effect despite a change in the membership of the entity.

(4)If a penalty notice is given jointly to two or more officers or members of a relevant entity, those individuals are jointly and severally liable to pay the penalty under it.

(5)In subsection (4) the reference to officers or members of a relevant entity includes a reference to employees of such an entity or any other individuals associated with such an entity.

(6)In this section a “penalty notice” means—

(a)a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),

(b)a penalty notice under section 139,

(c)a penalty notice under section 140(5), or

(d)a penalty notice under section 141(6).

Commencement Information

I1S. 195 not in force at Royal Assent, see s. 240(1)

I2S. 195 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z24)