http://www.legislation.gov.uk/ukpga/2003/21/section/98/2003-12-29Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2003-12-29 Part 2 Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Enforcement of conditions</Emphasis>Power to deal with urgent cases981This section applies where OFCOM determine—athat they are entitled to give a notification under section 94 with respect to a contravention by a person (“the contravening provider”) of a condition set under section 45, other than an SMP apparatus condition;bthat there are reasonable grounds for suspecting that the case is an urgent case; andcthat the urgency of the case makes it appropriate for OFCOM to take action under this section.2A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—aa serious threat to the safety of the public, to public health or to national security;bserious economic or operational problems for persons (other than the contravening provider) who are communications providers or persons who make associated facilities available; orcserious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.3OFCOM may, in a notification under section 94 with respect to the contravention, specify a period of less than one month for doing the things mentioned in subsection (3) of that section.4OFCOM shall also have power to give to the contravening provider—aa direction that his entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); orba direction that that entitlement is restricted in the respects set out in the direction.5A direction under subsection (4)—amust specify the networks, services and facilities to which it relates; andbexcept so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.6A direction under subsection (4)—ain providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; andbin connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting his customers.7Those conditions may include a condition requiring the making of payments—aby way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; orbin respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.8OFCOM have power to revoke a direction given under subsection (4)—awith effect from such time as they may direct;bsubject to compliance with such requirements as they may specify; andcto such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine.S. 98 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. 98 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)