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.