Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Higher penalties for certain contraventions
139ZA
1
This section applies where—
a
a person is given a notification under section 138 which specifies a proposed penalty; and
b
the condition in subsection
(2)
or
(3)
is met.
2
The condition in this subsection is that—
a
the proposed penalty is in respect of a contravention of a requirement to provide information under section 135; and
b
the demand for the information contains a statement that OFCOM consider the information to be necessary for the purpose of—
i
carrying out any of their functions under sections
105L
to
105Z
;
ii
preparing a report under section
105Z12
.
3
The condition in this subsection is that the proposed penalty is in respect of a contravention of a requirement imposed under subsection (3C) of section 135.
4
Section 139 applies in relation to the proposed penalty as if—
a
in subsection (4B), the maximum penalty specified were £50,000 per day;
b
in subsection (5), the maximum penalty specified were £10 million.
5
The Secretary of State may by regulations amend this section so as to make different provision as to the maximum penalty applying under section 139(4B) or (5).
6
No regulations are to be made containing provision authorised by subsection
(5)
unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
S. 139ZA inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 24, 28(1)(d)