Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Information provisions
139Penalties for contravention of information requirements
F1(1)
This section applies where a person is given a notification under section 138 which specifies a proposed penalty.
(2)
OFCOM may F2specify a penalty if—
F3(a)
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F3(b)
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(c)
no proceedings for an offence under section 144 have been brought against the notified person in respect of the contravention.
(3)
Where a notification under section 138 relates to more than one contravention, a separate penalty may be F4specified in respect of each contravention.
(4)
Where such a notification relates to a continuing contravention, no more than one penalty may be F5specified in respect of the period of contravention specified in the notification.
F6(4A)
But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a)
the giving of a confirmation decision under section 139A(4)(c) which requires immediate action; or
(b)
the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(4B)
The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—
(a)
appropriate; and
(b)
proportionate to the contravention in respect of which it is imposed.
(5)
The amount of F7any other penalty notified under this section is to be such amount not exceeding F8£2,000,000 as OFCOM determine to be both—
(a)
appropriate; and
(b)
proportionate to the contravention in respect of which it is imposed.
F9(6)
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F9(7)
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F9(8)
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(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 (5).
(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.