The Electronic Communications and Wireless Telegraphy Regulations 2011

This section has no associated Explanatory Memorandum

85.  In section 142 (procedure for directions under sections 140 and 141)—U.K.

(a)in subsection (1) after “case,” insert “ or a case where a proposed direction has been notified to a person in accordance with section 138(2)(f) ”,

(b)for subsection (2) substitute—

(2A) That period must be—

(a)in relation to a direction under section 140, such reasonable period as OFCOM may determine, and

(b)in relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification., and

(c)after subsection (3) insert—

(3A) In relation to a direction under section 140 in an urgent case, 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).