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Communications Act 2003

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Changes over time for: Section 368K

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Communications Act 2003, Section 368K is up to date with all changes known to be in force on or before 09 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1368KSuspension or restriction of service for contraventionsU.K.

This section has no associated Explanatory Notes

(1)The appropriate regulatory authority must serve a notice under subsection (2) on a provider of an on-demand programme service if they are satisfied—

(a)that the provider is in contravention of section [F2368BA or ] 368D[F3, or of regulations under section 368BC];

(b)that an attempt to secure compliance with section [F4368BA or] 368D [F5or the regulations][F6 (as the case may be)] by the imposition of one or more financial penalties or enforcement notifications under [F7368BB][F8, 368I or 368BC ] has failed; and

(c)that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention.

(2)A notice under this subsection must—

(a)state that the appropriate regulatory authority are satisfied as mentioned in subsection (1);

(b)state the reasons why they are satisfied as mentioned in subsection (1);

(c)state that the appropriate regulatory authority will give a direction under this section unless the provider takes, within a period specified in the notice, such steps to remedy the contravention within subsection (1)(a) as are so specified;

(d)specify any conditions that the appropriate regulatory authority propose to impose in the direction under section 368M(5)(b); and

(e)inform the provider that the provider has the right to make representations to the appropriate regulatory authority about the matters appearing to the authority to provide grounds for giving the proposed direction within the period specified for the purposes of paragraph (c).

(3)If, after considering any representations made to them by the provider within that period, the appropriate regulatory authority are satisfied that the provider has failed to take the steps specified in the notice for remedying the contravention and that it is necessary in the public interest to give a direction under this section, the appropriate regulatory authority must give such of the following as appears to them appropriate and proportionate as mentioned in subsection (1)(c)—

(a)a direction that the entitlement of the provider to provide an on-demand programme service is suspended (either generally or in relation to a particular service);

(b)a direction that that entitlement is restricted in the respects set out in the direction.]

Textual Amendments

F3Words in s. 368K(1)(a) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(6)(a), 118(6); S.I. 2017/765, reg. 2(y)

F5Words in s. 368K(1)(b) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(6)(b)(i), 118(6); S.I. 2017/765, reg. 2(y)

F8Words in s. 368K(1)(b) substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(6)(b)(ii), 118(6); S.I. 2017/765, reg. 2(y)

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