Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Procedure for directions under ss. 140 and 141
142
1
Except 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—
a
notified 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;
b
provided him with an opportunity of making representations about the proposals and of proposing steps for remedying the situation; and
c
considered 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.
2A
That period must be—
a
in relation to a direction under section 140, such reasonable period as
OFCOM
may determine, and
b
in relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification.
3
As 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—
a
making representations about the effect of the direction and of any of its conditions; and
b
proposing steps for remedying the situation.
3A
In 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—
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.
3B
The period of 3 months mentioned in subsection (3A) 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 (3A).
4
A case is an urgent case for the purposes of this section if OFCOM—
a
consider 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; and
b
decide for that reason to act in accordance with subsection (3), instead of subsection (1).
5
The contraventions fall within this subsection if they have resulted in, or create an immediate risk of—
a
a serious threat to the safety of the public, to public health or to national security;
b
serious 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; or
c
serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.
6
In 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(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)
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 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)