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The Open Internet Access (EU Regulation) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 607
- PART 5
- Regulation 19
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There are currently no known outstanding effects for The Open Internet Access (EU Regulation) Regulations 2016, Section 19.
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Notification of breachU.K.
This section has no associated Explanatory Memorandum
19.—(1) Where OFCOM determine that there are reasonable grounds for believing that a person is breaching, or has breached an obligation under Articles 3, 4 or 5 of the EU Regulation or under these Regulations they may give that person a notification under this regulation.
(2) A notification under this regulation is one which—
(a)sets out the determination made by OFCOM;
(b)specifies the obligation and the breach in respect of which that determination has been made;
(c)specifies the period during which the person notified has an opportunity of making representations;
(d)to the extent that the notification relates to a breach of an information requirement, specifies the information to be provided by the person to OFCOM in order to comply with the requirement;
(e)to the extent that the notification relates to an obligation which is not an information requirement, specifies the steps that OFCOM think should be taken by the person in order to—
(i)comply with the obligation; and
(ii)remedy the consequences of the breach; and
(f)specifies any penalty which OFCOM are minded to impose in accordance with regulation 20.
(3) A notification under this regulation—
(a)may be given in respect of more than one breach; and
(b)if it is given in respect of a continuing breach, may be given in respect of any period during which the breach has continued.
(4) Where a notification under this regulation has been given to a person in respect of a breach of an obligation under the EU Regulation or a breach of an obligation under these Regulations, OFCOM may give a further notification in respect of the same breach of that obligation if, and only if—
(a)the breach is one occurring after the time of the giving of the earlier notification;
(b)the breach is a continuing breach and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
(c)the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified breach.
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