36 [F1Confirmation decision] for contravention of s. 33U.K.
(1)This section applies where—
(a)a person (“the notified provider”) has been given a notification under section 35;
(b)OFCOM have allowed the notified provider an opportunity of making representations about the notified determination; and
(c)the period allowed for the making of the representations has expired.
[F2(2)OFCOM may—
(a)give the notified provider a decision (a “confirmation decision”) confirming the imposition of requirements in accordance with the notification under section 35; or
(b)inform the notified provider that they are satisfied with the notified provider’s representations and that no further action will be taken.
(3)OFCOM may not give a confirmation decision to the notified provider unless, after considering any representations, they are satisfied that the notified provider has, in one or more of the respects notified, been in contravention of section 33.]
[F3(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 requirements imposed by virtue of section 35(2)(d), or may specify a period within which the person must comply with those requirements; and
(d)may require the person to pay—
(i)the penalty specified in the notification under section 35, 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 shall be the duty of a person to whom [F4a confirmation decision] has been given to comply with [F5any requirement imposed by it] .
(6)That duty shall be 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 (c. 36); or
(c)for any other appropriate remedy or relief.
[F6(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.]
Textual Amendments
F1Words in s. 36 heading substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(e) (with Sch. 3 paras. 2, 3)
F2S. 36(2)(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(a) (with Sch. 3 paras. 2, 3)
F3S. 36(4) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(b) (with Sch. 3 paras. 2, 3)
F4Words in s. 36(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(c)(i) (with Sch. 3 paras. 2, 3)
F5Word in s. 36(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(c)(ii) (with Sch. 3 paras. 2, 3)
F6S. 36(7) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 12(d) (with Sch. 3 paras. 2, 3)
Commencement Information
I1S. 36 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. 36 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)