(1)A person commits an offence if he fails to provide information in accordance with a requirement of OFCOM under section 32[F1or 32A].
(2)In proceedings against a person for an offence under subsection (1) it is a defence for the 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 who commits an offence under subsection (1) is liable on summary conviction to
[F2(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.]
(4)A person commits an offence if—
(a)in pursuance of a requirement under section 32[F3or 32A], he provides information that is false in any material particular; and
(b)at the time he provides it, he knows it to be false or is reckless as to whether or not it is false.
(5)A person who commits an offence under subsection (4) is liable on summary conviction to
[F4(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.]
[F5(6) Proceedings for an offence under this section may be brought in respect of a contravention by a person of a requirement imposed under section 32A only if OFCOM have not imposed a financial penalty under sections 32C and 32E in respect of that contravention. ]
Textual Amendments
F1Words in s. 33(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(a) (with Sch. 3 para. 2)
F2Words in s. 33(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(b) (with Sch. 3 para. 2)
F3Words in s. 33(4)(a) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(c) (with Sch. 3 para. 2)
F4Words in s. 33(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(d) (with Sch. 3 para. 2)
F5S. 33(6) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(e) (with Sch. 3 para. 2)