Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
F1Security of public electronic communications networks and services
105D.Enforcement of obligations under sections 105A to 105C
(1)
Sections 96A to 96C, 98 to 100, 102 and 103 apply in relation to a contravention of a requirement under sections 105A to 105C as they apply in relation to a contravention of a condition set under section 45, other than an SMP apparatus condition.
(2)
The obligation of a person to comply with the requirements of section 105A to 105C is a duty owed to every person who may be affected by a contravention of a requirement, and—
(a)
section 104 applies in relation to that duty as it applies in relation to the duty set out in subsection (1) of that section, and
(b)
section 104(4) applies in relation to proceedings brought by virtue of this section as it applies in relation to proceedings by virtue of section 104(1)(a).
(3)
The amount of a penalty imposed under sections 96A to 96C, as applied by this section, is to be such amount not exceeding £2 million as OFCOM determine to be—
(a)
appropriate; and
(b)
proportionate to the contravention in respect of which it is imposed.