Notification of non-payment of chargesU.K.
4(1)OFCOM may bring proceedings for the recovery from a person of an administrative charge fixed for a year under paragraph 1 only if they have given that person a notification under this paragraph with respect to the amount they are seeking to recover.U.K.
(2)OFCOM may give a person a notification under this paragraph if they determine that there are reasonable grounds for believing that the person is in contravention of a requirement to pay the charge (whether the whole or part of it).
(3)A notification under this paragraph must set out the determination made by OFCOM.
(4)A notification under this paragraph must also specify the period during which the person notified has an opportunity—
(a)to make representations about the notified determination, and
(b)to pay the unpaid charge or (if applicable) the amount outstanding.
(5)The specified period must be at least one month beginning with the day after the day the notification is given unless—
(a)OFCOM and the person notified agree a shorter period, or
(b)OFCOM have reasonable grounds for believing that the contravention is a repeated contravention and, in those circumstances, consider a shorter period would be appropriate.
(6)A contravention is a repeated contravention, in relation to a notification with respect to the contravention, if—
(a)a previous notification has been given in respect of the same contravention or in respect of another contravention of a requirement to pay an administrative charge, and
(b)the subsequent notification is given no more than 12 months after the day on which OFCOM determine for the purposes of paragraph 6(2) that the contravention to which the previous notification related did occur.
(7)OFCOM may (on one or more occasions) extend the specified period.
5(1)A notification under paragraph 4—U.K.
(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.
(2)If a notification under paragraph 4 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 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.