Part 3

Television and Radio Services
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.