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.