Communications Act 2003

Prospective

Enforcement of breaches of licence conditions E+W+S+N.I.

13 (1) This paragraph applies to— E+W+S+N.I.

(a) any provision to which effect is given, after the abolition of licensing, by a continuation notice under paragraph 9;

(b) conditions in respect of which notices under paragraph 11 have been given;

(c) liabilities under paragraph 12; and

(d) conditions of a licence under section 7 of the 1984 Act requiring compliance by the licence holder with directions given by the Director under regulation 6 of the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931).

(2) Notwithstanding any repeal or revocation made by this Act, after the abolition of licensing, OFCOM are, for the purpose of enforcing anything to which this paragraph applies, to have all the enforcement powers previously exercisable by the Director under the 1984 Act.

(3) Those powers are to be exercisable in accordance with this paragraph irrespective of whether the contraventions occurred before or after the abolition of licensing.

(4) For the purpose of exercising those powers, references to the likelihood that a person will again be in contravention of a condition include references to whether he will be in contravention of any equivalent obligation imposed—

(a) by section 38 of this Act;

(b) by conditions set under section 45 of this Act; or

(c) by directions under section 190 of this Act.

(5) OFCOM are not to exercise any powers conferred by virtue of this paragraph if they consider that the exercise of those powers would be incompatible with the requirements of the Directives.

(6) In this paragraph “enforcement powers” includes—

(a) the Director’s powers under sections 16 to 18 and 53 of the 1984 Act; and

(b) in the case of a licence issued to a particular person, every power of his under the licence to require information for the purpose of computing the amount of the liability to a charge.

(7) In this paragraph “the Directives” means the Authorisation Directive or any of the following Directives (as defined in Chapter 1 of Part 2 of this Act)—

(a) the Access Directive;

(b) the Framework Directive;

(c) the Universal Service Directive.

(8) In sub-paragraph (7) “the Authorisation Directive” means Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services.