Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Confirmation of directions under s. 98
99
1
As soon as reasonably practicable after giving a direction under section 98(4), OFCOM must give the person to whom it is given—
a
an opportunity of making representations to them about the grounds on which it was given and its effect; and
b
an opportunity of proposing steps to remedy the situation.
2
As soon as practicable after the period allowed by OFCOM for making those representations has ended, they must determine—
a
whether the contravention providing the grounds for the giving of the direction did occur; and
b
whether the circumstances made it an urgent case justifying the giving of the direction.
3
If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.
4
If not, they must exercise their power to revoke it.
5
As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.
6
Conditions included in a direction by virtue of section 98(7) have effect only if the direction is confirmed.
S. 99 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))