[F1139C.Confirmation of direction under section 139BU.K.
(1)As soon as reasonably practicable after giving a direction under section 139B(3), OFCOM must give the person to whom it is given—
(a)an opportunity to make representations to them about the grounds on which it was given and its effect; and
(b)an opportunity to propose steps to remedy the situation.
(2)As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
(a)whether the contravention providing the grounds for the giving of the direction did occur; and
(b)whether the circumstances made it an urgent case justifying the giving of the direction.
(3)The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM—
(a)require additional time to consider representations received; or
(b)decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).
(4)If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.
(5)If not, they must exercise their power to revoke it.
(6)As soon as reasonably practicable after deciding whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.]
Textual Amendments
F1Ss. 139A-139C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 83 (with Sch. 3 paras. 2, 18)