Part 3A

Prominence on television selection services

Enforcement

Penalty for failure to comply with confirmation decisions
362AZ4
1
This section applies where—
a
OFCOM have given a confirmation decision to a person,
b
the notice includes requirements to take steps (as provided for by
section 362AZ1
(7)
), and
c
OFCOM are satisfied that the person has failed to comply with one or more of those requirements.
2
OFCOM may give the person a penalty notice.
3
A “penalty notice” is a notice requiring a person to pay to OFCOM a penalty of an amount in sterling determined by OFCOM.
4
Before giving the person a penalty notice, OFCOM must—
a
notify the person that they propose to give a penalty notice in respect of the failure to comply with the confirmation decision, specifying the reasons for their proposal and indicating the amount of the proposed penalty, and
b
give the person an opportunity to make representations to OFCOM (with any supporting evidence) about their proposal.
5
A penalty notice must—
a
give OFCOM’s reasons for their decision to impose the penalty,
b
state the amount of the penalty,
c
state the reasons for the amount of the penalty, including any aggravating or mitigating factors that OFCOM have taken into account,
d
specify the period within which the penalty must be paid, and
e
contain information about the consequences of not paying the penalty (including information about the further kinds of enforcement action that it would be open to OFCOM to take).
6
The period specified under
subsection (5)
(d)
must be at least 28 days beginning with the day on which the penalty notice is given.
7
Schedule 16A
contains further provision about the imposition of a penalty by a penalty notice.
Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))