Power to deal with urgent cases111A

1

This section applies where OFCOM determine—

a

that they are entitled to give a notification under section 110 with respect to a contravention by a person (“P”) of a requirement imposed by virtue of any restrictions or conditions under section 109;

b

that there are reasonable grounds for suspecting that the case is an urgent case; and

c

that the urgency of the case makes it appropriate for OFCOM to take action under this section.

2

A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—

a

a serious threat to the safety of the public, to public health or to national security;

b

serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or

c

serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

3

OFCOM may, to the extent specified in subsection (4), give a direction suspending the application in P’s case of the electronic communications code if the electronic communications code has been applied to P by a direction under section 106.

4

The extent of a suspension under subsection (3) must not go beyond the following applications of the code in that person’s case—

a

its application for the purposes of electronic communications networks, or parts of such a network, which are not yet in existence at the time of the suspension;

b

its application for the purposes of conduit systems, or parts of such systems, which are not yet in existence or not yet used for the purposes of electronic communications networks; and

c

its application for other purposes in circumstances in which the provision of an electronic communications network, or part of such a network, would not have to cease if its application for those purposes were suspended.

5

A direction under subsection (3), except so far as it otherwise provides, shall continue in force until such time (if any) as it is withdrawn by OFCOM.

6

Subject to subsection (7), where the application of the electronic communications code is suspended in a person’s case, the person is not entitled to exercise any right conferred by or by virtue of the code.

7

The suspension of the application of the electronic communications code in a person’s case does not, except so far as otherwise provided by a scheme contained in an order under section 117—

a

affect (as between the original parties to it) any agreement entered into for the purposes of the code or any agreement having effect in accordance with it;

b

affect anything done under the code before the suspension of its application; or

c

require the removal of, or prohibit the use of, any apparatus lawfully installed on, in or over any premises before that suspension.

Confirmation of direction under section 111A111B

1

As soon as reasonably practicable after giving a direction under section 111A(3), OFCOM must give the person to whom it is given—

a

an opportunity to make representations to them about the grounds on which it was given and its effect; and

b

an opportunity to propose steps to remedy the situation.

2

As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

a

whether the contravention providing the grounds for the giving of the direction did occur; and

b

whether the circumstances made it an urgent case justifying the giving of the direction.

3

The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM—

a

require additional time to consider representations received; or

b

decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

4

If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

5

If not, they must exercise their power to revoke it.

6

As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.