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(1)Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.
(2)The amount of the penalty imposed under section 96 as applied by this section is to be such amount not exceeding [F1£250,000] as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.
(3)In making that determination OFCOM must have regard to—
(a)any representations made to them by the notified provider;
(b)any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and
(c)any steps taken by him for remedying the consequences of those contraventions.
(4)The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (2).
(5)No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1Word in s. 123(2) substituted (30.12.2005) by Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 (S.I. 2005/3469), arts. 1(1), 2 (with art. 2(2))
Commencement Information
I1S. 123 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)