Part 3

Television and Radio Services ETC
Chapter 1

The BBC, C4C , S4C and the Gaelic media service

The BBC

Penalties for failure to provide information
198ZA
1
This section applies if—
a
under a power conferred by virtue of section 198(2A),
OFCOM
require a person other than the
BBC
to provide information, and
b
OFCOM
determine that there are reasonable grounds to believe the person has not provided the information.
2
OFCOM
may give the person a notice which sets out the determination and specifies—
a
what information the person must provide,
b
the time within which the person must provide it,
c
a penalty that
OFCOM
may impose if the person does not provide it, and
d
a period in which the person may make representations.
3
OFCOM
may impose a penalty on the person if they fail without reasonable excuse to provide the information in accordance with the notice.
4
The penalty may include an amount for each day the person fails to provide the information after the time required by the notice.
5
The penalty in respect of any notice—
a
must not be more than
OFCOM
determine to be proportionate,
b
must not be more than the penalty specified in the notice, and
c
must not be more than £250,000.
6
OFCOM
may withdraw a notice without imposing a penalty, and that does not affect the power to issue a further notice in relation to the same information.
7
OFCOM
must publish and keep up to date a statement of their proposed approach to issuing notices and imposing and recovering penalties under this section (subject to the guidelines published under section 392).
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Word in Pt. 3 Ch. 1 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 31; S.I. 2024/858, reg. 2(1)(x)
S. 198ZA amendment by 2017 c. 30, s. 88(6) extended to Isle of Man (1.3.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(2), 2
S. 198ZA inserted (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 88(6), 118(1)
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)