13(1)A person who fails to provide information in accordance with a requirement imposed under paragraph 1 or 3 commits an offence.U.K.
(2)A person guilty of an offence under sub-paragraph (1) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, and
(b)on conviction on indictment, to a fine.
(3)A person does not commit an offence under sub-paragraph (1) if—
(a)it was not reasonably practicable to comply with the requirement within the period specified by OFCOM, and
(b)the person has taken all reasonable steps to provide the information after the end of that period.
(4)A person commits an offence if—
(a)in pursuance of a requirement under paragraph 1 or 3, the person provides any information that is false in any material particular, and
(b)at the time the information is provided, the person knows it to be false or is reckless as to whether or not it is false.
(5)A person guilty of an offence under sub-paragraph (4) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, and
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
(6)Proceedings for an offence under sub-paragraph (1) may be brought in respect of a contravention by a person of a requirement imposed under paragraph 1 or 3 only if—
(a)OFCOM have given the person a notification under paragraph 5 in respect of the contravention,
(b)the period allowed under that paragraph for doing the things mentioned in sub-paragraph (3) of that paragraph has ended without the required information having been provided, and
(c)OFCOM have not imposed a financial penalty under paragraph 7 in respect of the contravention.
Commencement Information
I1Sch. 8 para. 13 in force at 1.10.2011 by S.I. 2011/2329, art. 3