SCHEDULES
Schedule 16B

Parts 3A and 3B: liability of parent entities etc

Liability of subsidiary entities for failures by parent entities
4
1
This paragraph applies where—
a
OFCOM are satisfied that there are grounds for giving a person—
i
a confirmation decision which requires the person to take steps or imposes a penalty (or both), or
ii
a penalty notice,
in respect of a service of a type specified in
sub-paragraph (2)
that is or was at any time provided by the person,
b
the person is an entity (“
E
”),
c
there is another entity which is a subsidiary undertaking in relation to E (a “subsidiary entity”), and
d
OFCOM are satisfied that the other entity’s acts or omissions contributed to the failure to which the confirmation decision or penalty notice relates.
2
The types of service referred to in
sub-paragraph (1)
(a)
are—
a
a regulated television selection service;
b
a designated internet programme service;
c
a designated radio selection service;
d
a relevant internet radio service.
3
The confirmation decision or penalty notice may be given—
a
to E alone, or
b
jointly to E and to a subsidiary entity.
4
Before giving a penalty notice to a subsidiary entity, or giving a confirmation decision to a subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—
a
the matters contained in the penalty notice or the confirmation decision, and
b
whether joint and several liability would be appropriate.
5
If a confirmation decision or penalty notice is given to entities jointly under
sub-paragraph (3)
(b)
, those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.
6
See also
paragraph 4
of
Schedule 16A
.
Sch. 16B inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(g), Sch. 11; S.I. 2024/858, reg. 2(1)(z5)