SCHEDULES
SCHEDULE 4Recovery of administrative charges incurred by OFCOM
Enforcement of directions under paragraph 7
9
1
A person commits an offence if the person provides any service—
a
while the person's entitlement to do so is suspended by a direction under paragraph 7, or
b
in contravention of a restriction contained in a direction under that paragraph.
2
A person guilty of an offence under sub-paragraph (1) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to a fine.
3
The duty of a person to comply with a condition of a direction under paragraph 7 is to be a duty owed to every person who may be affected by a contravention of the condition.
4
Sub-paragraphs (5) and (6) apply where a duty is owed by virtue of sub-paragraph (3) to a person.
5
A breach of the duty that causes that person to sustain loss or damage is actionable at the suit or instance of that person.
6
An act which—
a
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
b
is done wholly or partly for achieving that result,
is actionable at the suit or instance of that person.
7
In proceedings brought against a person as a result of sub-paragraph (5) it is a defence for that person to show that the person took—
a
all reasonable steps, and
b
exercised all due diligence,
to avoid contravening the condition in question.