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).