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Communications Act 2003

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  • Act amendment to earlier affecting provision SI 2004/1944 art. 4 Sch. by S.I. 2010/118 art. 1 2-5
  • Act applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted) by S.I. 2017/1285 Sch. 1 para. 28(2)(c) (This amendment comes into force on the day that Digital Economy Act 2017 (c. 30), s. 4, Schs. 1, 3 come fully into force. Those provisions are commenced on 28.12.2017 by S.I. 2017/1286, reg. 2)
  • Act power to extend conferred by 2017 c. 30 s. 119(7)s. 119(8)(d)

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[F1139A.Enforcement of notification under section 138E+W+S+N.I.
This section has no associated Explanatory Notes

(1)This section applies where—

(a)a person has been given a notification under section 138;

(b)OFCOM have allowed the person an opportunity to make representations about the matters notified; and

(c)the period allowed for the making of representations has expired.

(2)OFCOM may—

(a)give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the giving of a direction to the person, or both, in accordance with the notification under section 138; or

(b)inform the person that they are satisfied with the person’s representations and that no further action will be taken.

(3)OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement notified under section 138.

(4)A confirmation decision—

(a)must be given to the person without delay;

(b)must include reasons for the decision;

(c)may require immediate action by the person to comply with a requirement notified under section 138(2)(d), or may specify a period within which the person must comply with the requirement; and

(d)may require the person to pay—

(i)the penalty specified in the notification under section 138, or

(ii)such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the condition or remedy the consequences of the contravention,

and may specify the period within which the penalty is to be paid.

(5)It is the duty of the person to comply with any requirement imposed by a confirmation decision.

(6)That duty is enforceable in civil proceedings by OFCOM

(a)for an injunction;

(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(c)for any other appropriate remedy or relief.

(7)A penalty imposed by a confirmation decision—

(a)must be paid to OFCOM; and

(b)if not paid within the period specified by them, is to be recoverable by them accordingly.]

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