Enforcement notification for contravention of regulatory requirementsE+W+S+N.I.
5(1)This paragraph applies if—E+W+S+N.I.
(a)a person has been given a notification under paragraph 2,
(b)OFCOM have allowed the person an opportunity of making representations about the matters notified, and
(c)the period allowed for the making of the representations has ended.
(2)OFCOM may give the person an enforcement notification if they are satisfied that the person—
(a)has, in one or more of the respects notified, been in contravention of a requirement specified in the notification under paragraph 2, and
(b)has not, during the period allowed under that paragraph, taken all such steps as they consider appropriate—
(i)for complying with that requirement, and
(ii)for remedying the consequences of the notified contravention of that requirement.
(3)An enforcement notification is a notification which imposes one or both of the following requirements on the person—
(a)a requirement to take such steps for complying with the notified regulatory requirement as may be specified in the notification,
(b)a requirement to take such steps for remedying the consequences of the notified contravention as may be so specified.
(4)A decision of OFCOM to give an enforcement notification to a person—
(a)must be notified by them to that person, together with their reasons for the decision, no later than one week after the day on which it is taken, and
(b)must fix a reasonable period for the taking of the steps required by the notification.
(5)A person to whom an enforcement notification has been given has a duty to comply with it.
(6)That duty is 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, or
(c)for any other appropriate remedy or relief.