Part 3B

Regulation of radio selection services

Supplemental provisions of Part 3B

Information to be included in a notice under section 362BY
362BZ
1
A notice under
section 362BY
(2)
stating that OFCOM propose to impose a penalty must—
a
state the reasons why OFCOM propose to impose the penalty,
b
state whether OFCOM propose that the penalty should consist of a single amount, an amount calculated by reference to a daily rate, or a combination of the two,
c
indicate the amount of the proposed penalty, including (in relation to an amount calculated by reference to a daily rate) the daily rate and how the penalty would be calculated,
d
in relation to an amount calculated by reference to a daily rate, specify or describe the period for which OFCOM propose that the amount should be payable,
e
state the reasons for proposing a penalty of that amount, including any aggravating or mitigating factors that OFCOM propose to take into account, and
f
specify the period within which representations in relation to the proposed penalty may be made.
2
A penalty notice under
section 362BY
(6)
must—
a
give OFCOM’s reasons for their decision to impose the penalty,
b
state whether the penalty consists of a single amount, an amount calculated by reference to a daily rate, or a combination of the two, and how it is calculated,
c
in relation to a single amount, state that amount,
d
in relation to an amount calculated by reference to a daily rate, state the daily rate,
e
state the reasons for the amount of the penalty, including any aggravating or mitigating factors that OFCOM have taken into account,
f
specify a reasonable period within which the penalty must be paid, and
g
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).
3
A penalty notice under
section 362BY
(6)
must also specify the amount of the fee that is (in OFCOM’s opinion) due to be paid to OFCOM.
4
The period specified under
subsection (2)
(f)
for the payment of a single amount must be at least 28 days beginning with the day on which the penalty notice is given.
5
Subsection (6)
applies in relation to a penalty notice under
section 362BY
(6)
that includes a requirement to pay an amount calculated by reference to a daily rate.
6
Such a notice must—
a
state the date from which the amount begins to be payable, which must not be earlier than the day after the day on which the notice is given;
b
provide for the amount to continue to be payable at the daily rate until—
i
the date on which the full amount of the fee (as specified in the penalty notice) has been paid to OFCOM, or
ii
an earlier date specified in the penalty notice.
7
Schedule 16A
contains further provision about the imposition of a penalty by a penalty notice under
section 362BY
(6)
.
Pt. 3B inserted (23.8.2024 except for the insertion of ss 362BI, 362BJ, 362BN) by Media Act 2024 (c. 15), ss. 48(1), 55(3)(f); S.I. 2024/858, reg. 2(1)(s)