Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Security of public electronic communications networks and services: designated vendor directions

F1105Z18Notification of contravention

(1)

Where the Secretary of State determines that there are reasonable grounds for believing that a public communications provider is contravening, or has contravened—

(a)

a requirement imposed by a designated vendor direction, or

(b)

a requirement under section 105Z7,

the Secretary of State may give the provider a notification under this section.

(2)

A notification under this section is one which—

(a)

sets out the Secretary of State’s determination;

(b)

specifies the requirement and contravention in respect of which the determination is made;

(c)

specifies the period during which the provider has an opportunity to make representations;

(d)

specifies the steps that the Secretary of State thinks should be taken by the provider in order to—

(i)

comply with the requirement;

(ii)

remedy the consequences of the contravention;

(e)

specifies the penalty which the Secretary of State is minded to impose.

(3)

A notification under this section may be given in respect of more than one contravention.

(4)

If a notification under this section relates to more than one contravention, a separate penalty may be specified under subsection (2)(e) in respect of each contravention.

(5)

If a notification under this section is given in respect of a continuing contravention, it may be given in respect of any period during which the contravention has continued.

(6)

If a notification under this section relates to a continuing contravention, no more than one penalty may be specified under subsection (2)(e) in respect of the period of contravention specified in the notification.

(7)

Notwithstanding subsection (6), in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a)

the giving of a confirmation decision under section 105Z20 which requires immediate action in respect of that contravention (see section 105Z20(6)(a)); or

(b)

the expiry of any period specified in the confirmation decision for complying with the requirement being contravened.

(8)

Where a notification under this section has been given to a public communications provider in respect of a contravention of a requirement, the Secretary of State may give a further notification in respect of the same contravention of that requirement if, and only if—

(a)

the contravention is one occurring after the time of the giving of the earlier notification;

(b)

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

(c)

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.