Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Notification by providers

Enforcement notification for contravention of s. 33
36
1
This section applies where—
a
a person (“the notified provider”) has been given a notification under section 35;
b
OFCOM have allowed the notified provider an opportunity of making representations about the notified determination; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may give the notified provider an enforcement notification if they are satisfied—
a
that he has, in one or more of the respects notified, been in contravention of section 33; and
b
that he has not, during the period allowed under section 35, provided OFCOM with all the information which he should have provided to them to remedy the contravention.
3
An enforcement notification is a notification which imposes a requirement on the notified provider to take all such steps for providing OFCOM with that information as may be specified in the notification.
4
A decision of OFCOM to give an enforcement notification to a person—
a
must be notified to that person, together with the reasons for the decision, no later than a week after the day on which it is taken; and
b
must fix a reasonable period for the taking of the steps required by the notification.
5
It shall be the duty of a person to whom an enforcement notification has been given to comply with it.
6
That duty shall be enforceable in civil proceedings by OFCOM—
a
for an injunction;
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
c
for any other appropriate remedy or relief.
S. 36 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))