Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Electronic communications code

Confirmation of direction under section 111A
111B
1
As soon as reasonably practicable after giving a direction under section 111A(3),
OFCOM
must give the person to whom it is given—
a
an opportunity to make representations to them about the grounds on which it was given and its effect; and
b
an opportunity to propose steps to remedy the situation.
2
As soon as practicable after the period allowed by
OFCOM
for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
a
whether the contravention providing the grounds for the giving of the direction did occur; and
b
whether the circumstances made it an urgent case justifying the giving of the direction.
3
The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if
OFCOM
—
a
require additional time to consider representations received; or
b
decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).
4
If
OFCOM
decide that the contravention did occur and that the direction was justified, they may confirm the direction.
5
If not, they must exercise their power to revoke it.
6
As soon as reasonably practicable after determining whether to confirm the direction,
OFCOM
must notify the person to whom it was given of their decision.
Ss. 111A, 111B inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 71 (with Sch. 3 paras. 2, 15)
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