Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Enforcement notification for contravention of conditions
95
1
This section applies where—
a
a person (“the notified provider”) has been given a notification under section 94;
b
OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may give the notified provider an enforcement notification if they are satisfied—
a
that he has, in one or more of the respects notified, been in contravention of a condition specified in the notification under section 94; and
b
that he has not, during the period allowed under that section, taken all such steps as they consider appropriate—
i
for complying with that condition; and
ii
for remedying the consequences of the notified contravention of that condition.
3
An enforcement notification is a notification which imposes one or both of the following requirements on the notified provider—
a
a requirement to take such steps for complying with the notified condition as may be specified in the notification;
b
a requirement to take such steps for remedying the consequences of the notified contravention as may be so specified.
4
A decision of OFCOM to give an enforcement notification to a person—
a
must be notified by them to that person, together with the reasons for the decision, no later than one week after the day on which it is taken; and
b
must fix a reasonable period for the taking of the steps required by the notification.
5
It shall be the duty of a person to whom an enforcement notification has been given to comply with it.
6
That duty shall be 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. 36); or
c
for any other appropriate remedy or relief.
Ss. 94-97 applied (with modifications) by S.I. 2000/730, reg. 18(5) (as inserted (25.7.2003) by Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1(1), 2(12)(b))
S. 95 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 95 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)