Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Regulation of premium rate services

Enforcement of s. 120 conditions
123
1
Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.
1A
Subsection (1B) applies where a notification under section 94 as applied by this section relates to more than one contravention of—
a
a code approved under section 121,
b
directions given in accordance with such a code, or
c
an order under section 122.
1B
Section 96(3) as applied by this section enables
OFCOM
to impose—
a
a single penalty in respect of all of those contraventions, or
b
separate penalties in respect of each of those contraventions,
according to whether
OFCOM
determine that a single penalty or separate penalties are appropriate and proportionate to those contraventions.
2
The amount of each penalty imposed under section 96 as applied by this section is to be such amount not exceeding £250,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
3
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified provider;
b
any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and
c
any steps taken by him for remedying the consequences of those contraventions.
4
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 (2).
5
No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Word in s. 123(2) substituted (30.12.2005) by Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 (S.I. 2005/3469), arts. 1(1), 2 (with art. 2(2))
S. 123(1A)(1B) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(4), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
Words in s. 123(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(5), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
S. 123 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2