Explanatory Notes

Communications Act 2003

2003 CHAPTER 21

17 July 2003

Commentary on Sections

Part 2: Networks, Services and the Radio Spectrum

Chapter 1: Electronic Communications Networks and Services
Section 43: Enforcement of directions under s. 42

109.It is an offence, punishable by a fine, for any person to provide an electronic communications network, electronic communications service or associated facility while he is subject to a direction suspending his entitlement to do so, or to provide such a network, service or associated facility in contravention of a restriction in such a direction.

110.A contravention of a condition of a direction which results in any person sustaining loss or damage is actionable at the suit or instance of that person. It is a defence for the person providing the electronic communications network, electronic communications service or associated facility to show that he did all that was reasonable to avoid contravening the condition.