F1Schedule 16APenalties imposed by OFCOM under Parts 3A and 3B
Amount of penalties: principles
2
(1)
In determining the amount of a penalty to be imposed on a person, OFCOM must, in particular, take into account—
(a)
any representations made, and evidence provided, by the person, and
(b)
the effects of the failure or failures in respect of which the penalty is imposed.
(2)
In the case of a penalty imposed by a confirmation decision, OFCOM must also take into account any representations made, and evidence provided, by any other person to whom the provisional notice of contravention relating to the same matter was given.
(3)
OFCOM must also take into account—
(a)
in the case of a penalty imposed by a confirmation decision, any steps taken by the person towards—
(i)
complying with the duty or duties specified in the provisional notice of contravention given to the person, or
(ii)
remedying the failure to comply with that duty or those duties;
(b)
in the case of a penalty imposed by a penalty notice, any steps taken by the person towards—
(i)
complying with the duty or duties specified in the confirmation decision given to the person, or
(ii)
remedying the failure to comply with that duty or those duties.
(4)
A penalty must be of an amount that OFCOM consider to be—
(a)
appropriate, and
(b)
proportionate to the failure or failures in respect of which it is imposed.
(5)
See also section 392 (which requires OFCOM to produce guidelines about their determination of penalties that they impose).