Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Power to proscribe unacceptable foreign television and radio services

Penalties for contravention of notification under s. 331
332
1
OFCOM may impose a penalty on a person who contravenes a requirement imposed on him by or under section 331.
2
Before imposing a penalty on a person under this section OFCOM must give him a reasonable opportunity of making representations to them about their proposal to impose the penalty.
3
The amount of the penalty imposed on a person is to be such amount not exceeding £5,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
4
In making that determination OFCOM must have regard to—
a
any representations made to them by the person notified under section 331; and
b
any steps taken by him for complying with the requirements imposed on him under that section.
5
Where OFCOM impose a penalty on a person under this section, they shall—
a
notify the person penalised; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
6
A penalty imposed under this section must be paid to OFCOM within the period fixed by them.
7
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (3).
8
No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
9
For the purposes of this section there is a separate contravention in respect of every day on which the proscribed service is at any time included in a person’s multiplex service or distributed as part of his cable package.
10
In this section “multiplex service” and “cable package” each has the same meaning as in section 330.
S. 332 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
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
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