SCHEDULES
SCHEDULE 14Regulators: use of powers under the 1998 Act
Communications Act 2003 (c. 21)
I116
The Communications Act 2003 is amended as follows.
I217
In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
10
Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
10A
OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
10B
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
I318
In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
5
Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
6
OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
7
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.