F1Part 3BRegulation of radio selection services

Enforcement

362BTConfirmation decisions: steps

(1)

This section applies where a confirmation decision requires the person to whom it is given to take steps as provided for by section 362BS(7).

(2)

The notice must—

(a)

specify the steps that are required and the notified duty or duties to which each relates,

(b)

give OFCOM’s reasons for requiring those steps to be taken,

(c)

specify a reasonable period within which each of the steps specified in the notice must be taken, and

(d)

contain information about the consequences of not taking the steps (including information about further kinds of enforcement action that it would be open to OFCOM to take).

(3)

Where a confirmation decision requires a person to take steps, the person to whom the notice is given has a duty to take those steps.

(4)

The duty under subsection (3) is 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)

for any other appropriate remedy or relief.