110Enforcement of restrictions and conditionsU.K.
(1)Where OFCOM determine that there are reasonable grounds for believing that a person in whose case the electronic communications code applies is contravening, or has contravened, a requirement imposed by virtue of any restrictions or conditions under section 109, they may give him a notification under this section.
(2)A notification under this section is one which—
(a)sets out the determination made by OFCOM;
(b)specifies the requirement and the contravention in respect of which that determination has been made; F1...
[F2(c)specifies the period during which the person notified has an opportunity to make representations;
(d)specifies the steps that OFCOM think should be taken by the person in order to—
(i)comply with the requirement;
(ii)remedy the consequences of the contravention;
(e)specifies any penalty which OFCOM are minded to impose in accordance with section 110A; and
(f)where the contravention is serious, specifies any direction which OFCOM are minded to give under section 113(4).]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)A notification under this section—
(a)may be given in respect of more than one contravention; and
(b)if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(9)Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—
(a)the contravention is one occurring after the time of the giving of the earlier notification;
(b)the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
(c)the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 110(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(a) (with Sch. 3 paras. 2, 15)
F2S. 110(2)(c)-(f) substituted for s. 110(2)(c) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(b) (with Sch. 3 paras. 2, 15)
F3S. 110(3)-(7) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(c) (with Sch. 3 paras. 2, 15)
F4S. 110(10) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(c) (with Sch. 3 paras. 2, 15)
Modifications etc. (not altering text)
C1Ss. 106-119 modified (coming into force in accordance with reg. 1 of the amending S.I.) by The Electronic Communications Code (Transitional Provisions) Regulations 2017 (S.I. 2017/1008), reg. 4
Commencement Information
I1S. 110 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2S. 110 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)