Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Information provisions

I1144Offences in connection with information requirements

1

A person who fails to provide information in accordance with a requirement of OFCOM under section 135 or 136 is guilty of an offence and shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

2

In proceedings against a person for an offence under subsection (1) it shall be a defence for that person to show—

a

that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but

b

that he has taken all reasonable steps to provide the required information after the end of that period.

3

A person is guilty of an offence if—

a

in pursuance of any requirement under section 135 or 136, he provides any information that is false in any material particular; and

b

at the time he provides it, he either knows it to be false or is reckless as to whether or not it is false.

4

A person guilty of an offence under subsection (3) shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

5

Proceedings for an offence under subsection (1) may be brought in respect of a contravention by a person of a requirement imposed under section 135 or 136 only if—

a

OFCOM have given the person a notification under section 138 in respect of that contravention;

b

the period allowed under that section for doing the things mentioned in subsection (3) of that section has expired without the required information having been provided; and

c

OFCOM have not imposed a financial penalty under section 139 in respect of that contravention.