Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Electronic communications code

Confirmation decision for contravention of code restrictions
111
1
This section applies where—
a
a person (“the notified provider”) has been given a notification under section 110;
b
OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM
may—
a
give the notified provider a decision (a “confirmation decision”) confirming the imposition of requirements on the notified provider, or the giving of a direction to the notified provider, or both, in accordance with the notification under section 110; or
b
notify the notified provider that they are satisfied with the representations and that no further action will be taken.
3
OFCOM
may not give a confirmation decision to the notified provider unless, after considering any representations, they are satisfied that the notified provider has, in one or more of the respects notified, been in contravention of a requirement specified in the notification under section 110.
4
A confirmation decision—
a
must be given to the person without delay;
b
must include reasons for the decision;
c
may require immediate action by the person to comply with requirements of a kind mentioned in section 110(2)(d), or may specify a period within which the person must comply with those requirements; and
d
may require the person to pay—
i
the penalty specified in the notification under section 110(2)(e), or
ii
such lesser penalty as
OFCOM
consider appropriate in the light of the person’s representations or steps taken by the person to comply with the condition or remedy the consequences of the contravention, and
may specify the period within which the penalty is to be paid.
5
It shall be the duty of a person to whom a confirmation decision has been given to comply with any requirement imposed by it .
6
That duty shall be enforceable in civil proceedings by OFCOM—
a
for an injunction;
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
c
for any other appropriate remedy or relief.
7
A penalty imposed by a confirmation decision—
a
must be paid to
OFCOM
; and
b
if not paid within the period specified by them, is to be recoverable by them accordingly.
S. 111(7) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(d) (with Sch. 3 paras. 2, 15)
Words in s. 111 heading substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(e) (with Sch. 3 paras. 2, 15)
Words in s. 111(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(c)(ii) (with Sch. 3 paras. 2, 15)
S. 111(2)(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(a) (with Sch. 3 paras. 2, 15)
S. 111 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
Ss. 106-119 modified (coming into force in accordance with reg. 1 of the amending S.I.) by The Electronic Communications Code (Transitional Provisions) Regulations 2017 (S.I. 2017/1008), reg. 4
Words in s. 111(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(c)(i) (with Sch. 3 paras. 2, 15)
S. 111 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
S. 111(4) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 70(b) (with Sch. 3 paras. 2, 15)