144Offences in connection with information requirementsU.K.
(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.
Commencement Information
I1S. 144 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))