Digital Economy Act 2017

19 Enforcement by regulator of sections 14 and 18

(1) The age-verification regulator may impose a financial penalty on a person where it determines that the person—

(a) is contravening or has contravened section 14(1); or

(b) has failed to comply with a requirement to provide information under section 18.

(2) The age-verification regulator may give a person an enforcement notice where it determines that the person is contravening section 14(1).

(3) The age-verification regulator must not make a determination under subsection (1) or (2) in relation to a person unless it has allowed that person an opportunity to make representations about why that determination should not be made.

(4) The age-verification regulator may—

(a) impose a financial penalty under subsection (1) without also giving an enforcement notice under subsection (2);

(b) give an enforcement notice under subsection (2) without also imposing a financial penalty under subsection (1).

(5) No financial penalty may be imposed under subsection (1) in respect of a contravention of section 14(1) if—

(a) the contravention has ceased, and

(b) the limitation period in respect of the contravention has expired.

(6) For the purposes of subsection (5) the limitation period in respect of a contravention expires—

(a) at the end of the period of three years beginning with the day on which the contravention began; or

(b) if sooner, at the end of the period of one year beginning with the day on which the age-verification regulator became aware of the contravention.

(7) An “enforcement notice” is a notice which—

(a) specifies the determination made by the age-verification regulator under subsection (2); and

(b) requires the person to whom it is given to end the contravention of section 14(1).

(8) An enforcement notice must—

(a) include reasons for the age-verification regulator’s decision to give the notice; and

(b) fix a reasonable period for ending the contravention of section 14(1).

(9) A person to whom an enforcement notice has been given must comply with it.

(10) If a person contravenes subsection (9), the age-verification regulator may impose a financial penalty on that person.

(11) The obligation under subsection (9) is also enforceable by the age-verification regulator in civil proceedings—

(a) for an injunction;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(c) for any other appropriate remedy or relief.

(12) The imposition of a financial penalty (“the first penalty”) on a person in respect of a contravention of section 14(1) or subsection (9) does not prevent the imposition of another financial penalty on that person under subsection (1) or (10) (as the case may be) in respect of any continuation of that contravention after the first penalty is imposed.

(13) For further provision about financial penalties under this section, see section 20.