SCHEDULES
SCHEDULE 8Information provisions
Part 2Enforcement
Penalties for contravention of information requirements
I17
1
This paragraph applies if—
a
a person has been given a notification under paragraph 5,
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 impose a penalty on a person if—
a
they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement specified in the notification under paragraph 5,
b
the person has not, during the period allowed under that paragraph, complied with the notified requirement, and
c
no proceedings for an offence under paragraph 13 have been brought against the notified person in respect of the contravention.
3
If a notification under paragraph 5 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
If a notification under that paragraph relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
5
The amount of a penalty imposed under this paragraph is to be such amount as OFCOM determine to be—
a
appropriate, and
b
proportionate to the contravention in respect of which it is imposed.
6
The amount must not be more than £50,000.
7
In making the determination of the amount of the penalty OFCOM must have regard to—
a
any representations made to them by the person, and
b
any steps taken by the person towards complying with the requirements contraventions of which have been notified to the person under paragraph 5.
8
If OFCOM impose a penalty on a person under this paragraph, they must—
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for it, and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
9
A penalty imposed under this paragraph—
a
must be paid to OFCOM, and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
10
The Secretary of State may by order substitute a different maximum penalty for the maximum penalty for the time being specified in sub-paragraph (6).
11
An order under sub-paragraph (10) is subject to affirmative resolution procedure.