PART 11Supplementary and general

Liability of providers etc

195Providers that are not legal persons

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).