35Notification of contraventions of s. 33U.K.
(1)Where OFCOM determine that there are reasonable grounds for believing that a person has contravened section 33, they may give him a notification under this section.
(2)A notification under this section is one which—
(a)sets out the determination made by OFCOM; F1...
[F2(b)specifies the contravention in respect of which the determination has been made;
(c)specifies the period during which the person notified has an opportunity to make representations;
(d)specifies information to be provided by the person to OFCOM; and
(e)specifies any penalty which OFCOM are minded to impose in accordance with section 35A.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)A notification under this section—
(a)may be given in respect of more than one contravention of section 33; and
(b)if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(9)Where a notification under this section has been given to a person in respect of a contravention of section 33, OFCOM may give a further notification in respect of the same contravention if, and only if—
(a)the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after a period to which the earlier notification relates; or
(b)the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 35(2)(a) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(a) (with Sch. 3 paras. 2, 3)
F2S. 35(2)(b)-(e) substituted for s. 35(2)(b) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(a) (with Sch. 3 paras. 2, 3)
F3S. 35(3)-(7) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(b) (with Sch. 3 paras. 2, 3)
F4S. 35(10) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(b) (with Sch. 3 paras. 2, 3)
Commencement Information
I1S. 35 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))
I2S. 35 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)