Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Electronic communications code

Procedure for directions under s. 113
114
1
Except in an urgent case, OFCOM are not to give a direction under section 113(4) suspending the application of the electronic communications code in the case of any person (“the operator”) unless they have—
a
notified the operator of the proposed suspension and of the steps (if any) that they are proposing to take under section 117;
b
provided him with an opportunity of making representations about the proposals and of proposing steps for remedying the situation that has given rise to the proposed suspension; and
c
considered every representation and proposal made to them during the period allowed by them for the operator to take advantage of that opportunity.
2
That period must be one ending not less than one month after the day of the giving of the notification.
3
As soon as practicable after giving a direction under section 113 in an urgent case, OFCOM must provide the operator with an opportunity of—
a
making representations about the effect of the direction and of any steps taken under section 117 in connection with the suspension; and
b
proposing steps for remedying the situation that has given rise to the situation.
4
A case is an urgent case for the purposes of this section if OFCOM—
a
consider that it would be inappropriate, because the circumstances appearing to OFCOM to require the suspension fall within subsection (5), to allow time, before giving a direction under section 113, for the making and consideration of representations; and
b
decide for that reason to act in accordance with subsection (3), instead of subsection (1).
5
Circumstances fall within this subsection if they have resulted in, or create an immediate risk of—
a
a serious threat to the safety of the public, to public health or to national security;
b
serious economic or operational problems for persons (apart from the operator) who are communications providers or persons who make associated facilities available; or
c
serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.