Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Administrative charges imposed on providers
40Notification of non-payment of charges
(1)
OFCOM are not entitled to bring proceedings for the recovery from a person of an administrative charge fixed for any year under section 38 unless they have given that person a notification under this section with respect to the amount they are seeking to recover.
(2)
Where OFCOM determine that there are reasonable grounds for believing that a person is in contravention (whether in respect of the whole or a part of a charge) of a requirement to pay such an administrative charge, they may give him a notification under this section.
(3)
A notification under this section is one which—
(a)
sets out the determination made by OFCOM; and
(b)
specifies the period during which the person notified has an opportunity of F1making representations about the notified determination .
F2(4)
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F2(5)
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F2(6)
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F2(7)
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F2(8)
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(9)
A notification under this section—
(a)
may be given in respect of contraventions of more than one requirement to pay an administrative charge; and
(b)
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(10)
Where a notification under this section has been given to a person in respect of an amount outstanding, OFCOM may give a further notification in respect of the whole or a part of that amount if, and only if—
(a)
the subsequent notification is in respect of so much of a period during which that amount was outstanding as falls after a period to which the earlier notification relates; or
(b)
the earlier notification has been withdrawn without a penalty having been imposed in respect of the matters notified.
F3(11)
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