(1)This section limits the purposes for which, and manner in which, information may be required under section 32A.
(2) OFCOM are not to require the provision of information for the purpose of ascertaining whether a contravention of a term, provision or limitation has occurred or is occurring, unless—
(a) the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint;
(b)the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the term, provision or limitation in question has been complied with;
(c) the term, provision or limitation in question is one which OFCOM have reason to suspect has been or is being contravened;
(d)the term, provision or limitation in question relates to the effective and efficient use of frequencies; or
(e) the term, provision or limitation in question relates to sums payable to OFCOM in respect of a wireless telegraphy licence.
(3) OFCOM are not to require the provision of information except—
(a) by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it; and
(b) where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions.
(4)A demand for information must be contained in a notice served on the person from whom the information is required.]
Textual Amendments
F1Ss. 32A-32E inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 10 (with Sch. 3 para. 2)