SCHEDULES
Schedule 16A

Penalties imposed by OFCOM under Parts 3A and 3B

Maximum amount of penalties
3
1
Sub-paragraph
(2)
applies where—
a
a penalty is imposed on a person in respect of a regulated television selection service that is or was at any time provided by that person,
b
a penalty is imposed on a person other than the BBC or S4C in respect of a designated internet programme service that is or was at any time provided by that person,
c
a penalty is imposed on a person in respect of a designated radio selection service that is or was at any time provided by that person, or
d
a penalty is imposed on a person other than the BBC in respect of a relevant internet radio service that is or was at any time provided by that person,
and the person upon whom the penalty is imposed has an accounting period.
2
The maximum amount of the penalty that may be imposed is whichever is the greater of—
a
£250,000, and
b
5% of the person’s qualifying worldwide revenue for the person’s most recent complete accounting period.
3
In any case other than that described in sub-paragraph
(1)
, the maximum amount of the penalty that may be imposed is £250,000.
4
If (in a case described in sub-paragraph
(1)
) the first accounting period of the person has not yet ended,
sub-paragraph (2)
(b)
is to be read as referring to 5% of the amount that OFCOM estimate to be the person’s likely qualifying worldwide revenue for that period.
5
If the duration of the accounting period by reference to which an amount of qualifying worldwide revenue is calculated is less than a year, the amount mentioned in
sub-paragraph (2)
(b)
is to be increased proportionately.
6
If the duration of the accounting period by reference to which an amount of qualifying worldwide revenue is calculated is more than a year, the amount mentioned in sub-paragraph
(2)
(b)
is to be decreased proportionately.
7
The amount of a person’s qualifying worldwide revenue for an accounting period is, in the event of a disagreement between the person and OFCOM, the amount determined by OFCOM.
8
In this paragraph, “
accounting period
”, in relation to a person, means a period in respect of which accounts are prepared in relation to that person or, where that person is an individual, in respect of that individual’s business.
Sch. 16A inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(g), Sch. 10; S.I. 2024/858, reg. 2(1)(z4)