Communications Act 2003

Penalty for contravention of the arrangements

8 (1) OFCOM may impose a penalty on C4C if C4C have contravened—

(a) a requirement of this Schedule to submit proposals to OFCOM;

(b) a requirement of arrangements for the time being approved under this Schedule.

(2) The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying revenue for their last complete accounting period before the contravention.

(3) Before imposing a penalty on C4C under this paragraph OFCOM must give C4C a reasonable opportunity of making representations to OFCOM about their proposal to impose the penalty.

(4) Where OFCOM impose a penalty on C4C under this paragraph, they shall—

(a) notify C4C; and

(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(5) In the case of a continuing contravention—

(a) separate penalties may be imposed in respect of different periods during which the contravention continues;

(b) the notification of the penalty must specify the period in respect of which the penalty is imposed; and

(c) the reference in sub-paragraph (2) to the last complete accounting period before the contravention is a reference to the last complete accounting period before the end of the period in respect of which the penalty is imposed.

(6) A penalty imposed under this paragraph must be paid to OFCOM within the period fixed by them.

(7) Section 19(2) to (6) of the 1990 Act and Part 1 of Schedule 7 to that Act (calculation of qualifying revenue), with any necessary modifications, have effect in relation to C4C for the purposes of this paragraph as they have effect in relation to the holder of a Channel 3 licence for the purposes of Part 1 of that Act.