Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Electronic communications code

Notification of cessation by person to whom code applies
116
1
This section applies where, by virtue of a direction under section 106, the electronic communications code applies in any person’s case for the purposes of the provision by him of—
a
an electronic communications network which is not of a description designated for the purposes of section 33; or
b
such a system of conduits as is mentioned in section 106(4)(b).
2
If that person ceases to provide that network or conduit system, he must notify OFCOM of that fact.
3
A notification under this section must be given within such period and in such manner as may be required by OFCOM.
4
OFCOM may impose a penalty on a person who fails to comply with a requirement imposed by or under this section.
5
The amount of a penalty imposed on a person under this section is to be such amount not exceeding £1,000 as OFCOM may determine to be both—
a
appropriate; and
b
proportionate to the matter in respect of which it is imposed.
6
Where OFCOM impose a penalty on a person under this section, they shall—
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
7
A penalty imposed under this section—
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
8
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (5).
9
No order is to be made containing provision authorised by subsection (8) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
S. 116 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))