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The Electronic Communications and Wireless Telegraphy Regulations 2011

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Communications Act 2003

This section has no associated Explanatory Memorandum

59.  In section 100 (suspending service provision for contravention of conditions)—

(a)for subsection (1) substitute—

(1) OFCOM may give a direction under this section to a person where—

(a)either Condition A or Condition B is satisfied in relation to the person; and

(b)the giving of a direction is appropriate and proportionate to the contravention in respect of which it is imposed.

(1A) Condition A is that—

(a)the person is in serious contravention of a condition set under section 45, other than SMP apparatus conditions; and

(b)the proposed direction has been notified to the person under section 96A and confirmed by a confirmation decision under section 96C.

(1B) Condition B is that—

(a)the person has repeatedly contravened a condition set under section 45, other than SMP apparatus conditions; and

(b)an attempt, by the imposition of penalties or the giving of notifications under section 96A and confirmation decisions under section 96C, or both, to secure compliance with the contravened conditions has failed.

(1C) Where Condition A is satisfied, a direction under this section is given where OFCOM give a confirmation decision under section 96C to the person in respect of a direction proposed in a notification under section 96A.

(1D) Where Condition B is satisfied, a direction under this section is to be given in accordance with the procedure set out in section 102.,

(b)in subsections (2)(a), (4)(b) and (5)(a) for “contravening provider” substitute “person”, and

(c)in subsection (7)—

(i)for paragraph (a) substitute—

(a)in the case of a previous notification of a contravention given to that person under section 96A, OFCOM have given a confirmation decision to that person under section 96C(2) in respect of the contravention;,

(ii)for paragraph (b) substitute—

(b)in the period of 24 months following the giving of that confirmation decision, one or more further confirmation decisions have been given to the person in respect of contraventions of a condition under section 45;, and

(iii)in paragraph (c) for “notification” substitute “confirmation decision”.

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