Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Regulation of premium rate services
C1I1123Enforcement of s. 120 conditions
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.
F21A
Subsection (1B) applies where a notification under section 94 as applied by this section relates to more than one contravention of—
a
a code approved under section 121,
b
directions given in accordance with such a code, or
c
an order under section 122.
1B
Section 96(3) as applied by this section enables OFCOM to impose—
a
a single penalty in respect of all of those contraventions, or
b
separate penalties in respect of each of those contraventions,
according to whether OFCOM determine that a single penalty or separate penalties are appropriate and proportionate to those contraventions.
2
The amount of F3each 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.