Part 3A

Prominence on television selection services

Enforcement

Enforcement: guidance
362AZ5
1
OFCOM must prepare and publish guidance about the exercise of their powers under sections
362AZ
to
362AZ4
and
Schedule 16B
(so far as relating to this Part).
2
The guidance must include the factors that OFCOM will take into account in deciding whether to exercise any of those powers.
3
OFCOM may revise or replace any guidance published under this section and, where they do so, must publish the revised or replacement guidance.
4
Before preparing guidance under this section (or revising or replacing it), OFCOM must consult—
a
the Secretary of State, and
b
such other persons as they consider appropriate.
5
Guidelines prepared by OFCOM under section 392 (amount of penalties) may, so far as relating to penalties imposed by a confirmation decision under
section 362AZ1
or a penalty notice under section
362AZ4
, be included in the same document as guidance under this section.
6
In exercising or deciding whether to exercise any of their powers under sections
362AZ
to
362AZ4
and
Schedule 16B
(so far as relating to this Part), OFCOM must have regard to any guidance for the time being published under this section.
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))