PART 5ENFORCEMENT AND PENALTIES

Interpretation of Part 518.

(1)

For the purposes of this Part, where there is a breach of an obligation under the EU Regulation or these Regulations that requires a person to do anything within a particular period or before a particular time, that breach shall be taken to continue after the end of that period, or after that time, until that thing is done.

(2)

References in this Part to remedying the consequences of a breach include references to paying an amount to a person—

(a)

by way of compensation for loss or damage suffered by that person; or

(b)

in respect of annoyance, inconvenience or anxiety to which that person has been put.

(3)

In this Part—

“notified person” means a person who has been given a notification under regulation 19;

“relevant business” means so much of any business carried on by the notified person as consists in the provision of public electronic communications networks or publicly available electronic communications services;

“relevant period” means—

(a)

except in a case falling within subparagraphs (b) or (c), the period of one year ending with the 31st March next before the time when notification of the breach was given under regulation 19;

(b)

in the case of a person who at that time has been carrying on that business for a period of less than a year, the period, ending with that time, during which he has been carrying it on; and

(c)

in the case of a person who at that time has ceased to carry on that business, the period of one year ending with the time when he ceased to carry it on.