(1)This section applies (in addition to section 129) where—
(a)a person (“the notified misuser”) has been given a notification under section 128;
(b)OFCOM have allowed the notified misuser 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 impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service.
(3)OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse.
(4)The amount of a penalty imposed is to be such amount not exceeding [F1£2,000,000] as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the misuse in respect of which it is imposed.
(5)In making that determination OFCOM must have regard to—
(a)any representations made to them by the notified misuser;
(b)any steps taken by him for securing that his misuse is brought to an end and is not repeated; and
(c)any steps taken by him for remedying the consequences of the notified misuse.
(6)Where OFCOM impose a penalty on a person under this section, they shall—
(a)notify the person penalised; 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)It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct.
(9)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 (4).
(10)No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1Word in s. 130(4) substituted (25.9.2010) by Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010 (S.I. 2010/2291), arts. 1, 2(1) (with art. 2(2))
Modifications etc. (not altering text)
C1Ss. 128-131 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I1S. 130 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))
I2S. 130 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)