SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 15

Notices under the code

Notices given by others
89
1
Sub-paragraph (2) applies to a notice given under paragraph 31(1), 33(1), 39(1) or 40(2) by a person other than an operator.
2
If
OFCOM
have prescribed the form of a notice given under the provision in question by a person other than an operator, the notice must be in that form.
3
A notice which does not comply with sub-paragraph (2) is not a valid notice for the purposes of this code.
4
Sub-paragraph (3) does not prevent the operator to whom the notice is given from relying on the notice if the operator chooses to do so.
5
Sub-paragraph (6) applies to a notice given under any other provision of this code by a person other than an operator if—
a
OFCOM
have prescribed the form of a notice given under that provision by a person other than an operator,
b
the notice is given in response to a notice given by an operator, and
c
the operator has, in giving the notice, drawn the person's attention to the form prescribed by OFCOM.
6
The notice is a valid notice for the purposes of this code, but the person giving the notice must bear any costs incurred by the operator as a result of the notice not being in that form.
7
In any proceedings under this code a certificate issued by
OFCOM
stating that a particular form of notice has been prescribed by them as mentioned in this paragraph is conclusive evidence of that fact.
Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))