Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Notification by providers

Penalties for contravention of section 33
35A
1
This section applies where a person is given a notification under section 35 which specifies a proposed penalty.
2
Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.
3
Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.
4
But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
a
the giving of a confirmation decision under section 36(4)(c) which requires immediate action; or
b
the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
5
The amount of a penalty under subsection (4) is to be such amount not exceeding £100 per day as
OFCOM
determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
6
The amount of any other penalty specified in a notification under section 35 is to be such amount not exceeding £10,000 as
OFCOM
determine to be—
a
appropriate, and
b
proportionate to the contravention in respect of which it is imposed.
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 (6).
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.
S. 35A inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 11 (with Sch. 3 paras. 2, 3)