SCHEDULES

SCHEDULE 1Amendments to Communications Act 2003 and related amendments

73

In section 113 (suspension of application of code)—

a

in subsection (1)—

i

in paragraph (a) for “serious and repeated” substitute “ serious or repeated ”,

ii

after paragraph (a) insert—

aa

that, in the case of a single serious contravention, a notification has been given to the contravening provider under section 40 and the period for making representations under that section has expired;

iii

in paragraphs (b) and (c) after “that” insert “ , in the case of a repeated contravention ”, and

iv

for paragraph (d) substitute—

d

that the suspension of the application of the code is appropriate and proportionate to the contravention.

b

in subsection (2)(b) after “100” insert “ (including that section as applied by section 105D) ”,

c

in subsection (4)(b) for “repeated and serious” substitute “ repeated or serious ”, and

d

after subsection (12) insert—

13

For the purposes of subsection (4) there are repeated contraventions by a person of conditions or restrictions under section 109 if—

a

in the case of a previous notification given to the person under section 110, OFCOM have given a confirmation decision to the person under section 111(2);

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 or restriction under section 109; and

c

the previous confirmation decision and the subsequent ones all relate to contraventions of the same condition or restriction (whether the same contravention or different contraventions).