Part 6

Miscellaneous and Supplemental

Guidelines as to penalties

Penalties imposed by OFCOM
392
1
It shall be the duty of OFCOM to prepare and publish a statement containing the guidelines they propose to follow in determining the amount of penalties imposed by them under provisions contained in this Act or any other enactment apart from the Competition Act 1998 (c. 41) and Part 4 of the Enterprise Act 2002.
2
OFCOM may from time to time revise that statement as they think fit.
3
Where OFCOM make or revise their statement under this section, they must publish the statement or (as the case may be) the revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.
4
Before publishing a statement or revised statement under this section OFCOM must consult both—
a
the Secretary of State, and
b
such other persons as they consider appropriate,
about the guidelines they are proposing to include in the statement.
5
Before determining how to publish a statement or revised statement under this section OFCOM must consult the Secretary of State.
6
It shall be the duty of OFCOM, in determining the amount of any penalty to be imposed by them under this Act or any other enactment (apart from the Competition Act 1998 (c. 41) and Part 4 of the Enterprise Act 2002) to have regard to the guidelines contained in the statement for the time being in force under this section.
7
References in this section to penalties imposed by OFCOM under provisions contained in this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 198(3).
Words in s. 392(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 16(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)
Words in s. 392(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 16(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
S. 392 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)