(1)The amount of a penalty imposed under section 42 [F1for a relevant multiplex contravention (see subsection (7) of that section)] is to be such amount as OFCOM think fit.
(2)But the amount of the penalty may not exceed the greater of—
(a)£250,000; and
(b)5 per cent. of the relevant amount of gross revenue.
[F2(2A)The amount of a penalty imposed under section 42 for a contravention that is not a relevant multiplex contravention is to be such amount not exceeding 10 per cent of the relevant amount of gross revenue as OFCOM think—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.]
(3)In [F3this section] “the relevant amount of gross revenue” means the amount specified in section 44.
(4)The Secretary of State may by order amend this section so as to substitute a different amount for the amount for the time being specified in subsection (2)(a).
(5)No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1Words in s. 43(1) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(5), 118(2) (with s. 9(13))
F2S. 43(2A) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(6), 118(2) (with s. 9(13))
F3Words in s. 43(3) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(7), 118(2) (with s. 9(13))