SCHEDULES
SCHEDULE 14Regulators: use of powers under the 1998 Act
Communications Act 2003 (c. 21)
I118
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.