Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Penalties for contravention of conditions
96
1
This section applies (in addition to section 95) 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 impose a penalty on the notified provider if he—
a
has, in one or more of the respects notified, been in contravention of a condition specified in the notification under section 94; and
b
has not, during the period allowed under that section, taken the steps OFCOM consider appropriate—
i
for complying with the notified condition; and
ii
for remedying the consequences of the notified contravention of that condition.
3
Where a notification under section 94 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
5
OFCOM may also impose a penalty on the notified provider if he has contravened, or is contravening, a requirement of an enforcement notification given under section 95 in respect of the notified contravention.
6
Where OFCOM impose a penalty on a person under this section, they shall—
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
7
A penalty imposed under this section—
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
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. 96 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. 96 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)