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SCHEDULES

SCHEDULE 1U.K.Amendments to Communications Act 2003 and related amendments

73.  In section 113 (suspension of application of code)—U.K.

(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).