9(1)If OFCOM are satisfied that the holder of the licence to provide the public teletext service has—U.K.
(a)contravened a condition of the licence, or
(b)failed to comply with a direction given to him by OFCOM under or by virtue of a provision of the 1990 Act, the 1996 Act or Part 3 of this Act,
they may serve on him a notice requiring him to pay a specified financial penalty to them.
(2)The maximum amount which a person may be required to pay by way of a penalty under this paragraph is 5 per cent. of the qualifying revenue for his last complete accounting period.
(3)Where an accounting period by reference to which the maximum amount of a penalty falls to be calculated has not ended when the penalty is imposed, the amount taken into account in respect of that period is to be the amount estimated by OFCOM.
(4)OFCOM are not to serve a notice under this paragraph on any person unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(5)A notice requiring a person to pay a penalty under this paragraph must specify the period within which it is to be paid.
Commencement Information
I1Sch. 10 para. 9 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)