7(1)This paragraph applies if—U.K.
(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.
Commencement Information
I1Sch. 8 para. 7 in force at 1.10.2011 by S.I. 2011/2329, art. 3