82. In section 139 (penalties for contravention of information requirements)—
(a)for subsection (1) substitute—
“(1) This section applies where a person is given a notification under section 138 which specifies a proposed penalty.”,
(b)in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “specify a penalty”,
(c)omit subsection (2)(a) and (b),
(d)in subsections (3) and (4) for “imposed” substitute “specified”,
(e)after subsection (4) insert—
“(4A) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a)the giving of a confirmation decision under section 139A(4)(c) which requires immediate action; or
(b)the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(4B) The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.”,
(f)in subsection (5) for “a penalty imposed” substitute “any other penalty notified”, and
(g)omit subsections (6) to (8).