The Electronic Communications and Wireless Telegraphy Regulations 2011

Communications Act 2003

74.  In section 114 (procedure for directions under section 113)—

(a) in subsection (1) after “case” insert “, or a case of a single serious contravention,”,

(b) for subsection (2) substitute—

“(2) That period is such reasonable period as OFCOM may specify, beginning with the day on which the notification is given.”,

(c) after subsection (3) insert—

“(3A) As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

(a) whether the contravention providing the grounds for the giving of the direction did occur; and

(b) whether the circumstances made it an urgent case justifying the giving of the direction.

(3B) The period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if OFCOM—

(a) require additional time to consider representations received; or

(b) decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).

(3C) If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

(3D) If not, they must revoke it.”