Communications Act 2003 (c. 21)

Part 3 U.K. Television and Radio Services [F1 ETC]

Textual Amendments

F1 Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications etc. (not altering text)

C1 Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4

C2 Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2

Chapter 1 U.K. The BBC, C4C the Welsh Authority and the Gaelic media service

The BBC U.K.

[F2 198ZA Penalties for failure to provide information U.K.

(1) This section applies if—

(a) under a power conferred by virtue of section 198(2A), OFCOM require a person other than the BBC to provide information, and

(b) OFCOM determine that there are reasonable grounds to believe the person has not provided the information.

(2) OFCOM may give the person a notice which sets out the determination and specifies—

(a) what information the person must provide,

(b) the time within which the person must provide it,

(c) a penalty that OFCOM may impose if the person does not provide it, and

(d) a period in which the person may make representations.

(3) OFCOM may impose a penalty on the person if they fail without reasonable excuse to provide the information in accordance with the notice.

(4) The penalty may include an amount for each day the person fails to provide the information after the time required by the notice.

(5) The penalty in respect of any notice—

(a) must not be more than OFCOM determine to be proportionate,

(b) must not be more than the penalty specified in the notice, and

(c) must not be more than £250,000.

(6) OFCOM may withdraw a notice without imposing a penalty, and that does not affect the power to issue a further notice in relation to the same information.

(7) OFCOM must publish and keep up to date a statement of their proposed approach to issuing notices and imposing and recovering penalties under this section (subject to the guidelines published under section 392).]

Textual Amendments

F2 S. 198ZA inserted (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 88(6), 118(1)

Modifications etc. (not altering text)

C3 S. 198ZA amendment by 2017 c. 30, s. 88(6) extended to Isle of Man (1.3.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(2), 2