http://www.legislation.gov.uk/ukpga/2003/21/section/142/2011-05-26Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2011-05-26 Part 2Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Information provisions</Emphasis>Procedure for directions under ss. 140 and 1411421Except in an urgent case, or a case where a proposed direction has been notified to a person in accordance with section 138(2)(f) OFCOM are not to give a direction under section 140 or 141 unless they have—anotified the contravening provider or contravening supplier of the proposed direction and of the conditions (if any) which they are proposing to impose by that direction;bprovided him with an opportunity of making representations about the proposals and of proposing steps for remedying the situation; andcconsidered every representation and proposal made to them during the period allowed by them for the contravening provider or the contravening supplier to take advantage of that opportunity.2AThat period must be—ain relation to a direction under section 140, such reasonable period as OFCOM may determine, andbin relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification.3As soon as practicable after giving a direction under section 140 or 141 in an urgent case, OFCOM must provide the contravening provider or contravening supplier with an opportunity of—amaking representations about the effect of the direction and of any of its conditions; andbproposing steps for remedying the situation.3AIn relation to a direction under section 140 in an urgent case, 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—awhether the contravention providing the grounds for the giving of the direction did occur; andbwhether the circumstances made it an urgent case justifying the giving of the direction.3BThe period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if OFCOM—arequire additional time to consider representations received; orbdecide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).4A case is an urgent case for the purposes of this section if OFCOM—aconsider that it would be inappropriate, because the contraventions in question fall within subsection (5), to allow time, before giving a direction under section 140 or 141, for the making and consideration of representations; andbdecide for that reason to act in accordance with subsection (3), instead of subsection (1).5The contraventions fall within this subsection if they have resulted in, or create an immediate risk of—aa serious threat to the safety of the public, to public health or to national security;bserious economic or operational problems for persons (apart from the contravening provider or contravening supplier) who are communications providers or persons who make associated facilities available; orcserious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.6In this section—“contravening provider” has the same meaning as in section 140; and“contravening supplier” has the same meaning as in section 141.S. 142 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))S. 142 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)Words in s. 142(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 85(a) (with Sch. 3 paras. 2, 18, 19)S. 142(2A) substituted for s. 142(2) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 85(b) (with Sch. 3 paras. 2, 18, 19)S. 142(3A)(3B) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 85(c) (with Sch. 3 paras. 2, 18, 19)