SCHEDULES

SCHEDULE 7Enforcement of regulatory requirements

Civil liability for breach of regulatory requirements etc.

I116

1

The duty of a person to comply with—

a

regulatory requirements,

b

requirements imposed by an enforcement notification under paragraph 5, or

c

a condition of a direction under paragraph 8 or 11,

is a duty owed to every person who may be affected by a contravention of the requirement or condition.

2

Sub-paragraphs (3) and (4) apply where a duty is owed by virtue of sub-paragraph (1) to a person.

3

A breach of the duty that causes that person to sustain loss or damage is actionable at the suit or instance of that person.

4

An act which—

a

by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and

b

is done wholly or partly for achieving that result,

is actionable at the suit or instance of that person.

5

In proceedings brought against a person as a result of sub-paragraph (3) it is a defence for that person to show that the person took—

a

all reasonable steps, and

b

exercised all due diligence,

to avoid contravening the requirement or condition in question.

6

The consent of OFCOM is required for the bringing of proceedings as a result of sub-paragraph (1)(a).

7

If OFCOM give their consent subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on except in compliance with those conditions.