73. In section 113 (suspension of application of code)—U.K.
(a)in subsection (1)—
(i)in paragraph (a) for “serious and repeated” substitute “ serious or repeated ”,
(ii)after paragraph (a) insert—
“(aa)that, in the case of a single serious contravention, a notification has been given to the contravening provider under section 40 and the period for making representations under that section has expired;”,
(iii)in paragraphs (b) and (c) after “that” insert “ , in the case of a repeated contravention ”, and
(iv)for paragraph (d) substitute—
“(d)that the suspension of the application of the code is appropriate and proportionate to the contravention.”,
(b)in subsection (2)(b) after “100” insert “ (including that section as applied by section 105D) ”,
(c)in subsection (4)(b) for “repeated and serious” substitute “ repeated or serious ”, and
(d)after subsection (12) insert—
“(13) For the purposes of subsection (4) there are repeated contraventions by a person of conditions or restrictions under section 109 if—
(a)in the case of a previous notification given to the person under section 110, OFCOM have given a confirmation decision to the person under section 111(2);
(b)in the period of 24 months following the giving of that confirmation decision, one or more further confirmation decisions have been given to the person in respect of contraventions of a condition or restriction under section 109; and
(c)the previous confirmation decision and the subsequent ones all relate to contraventions of the same condition or restriction (whether the same contravention or different contraventions).”