PART 5

ENFORCEMENT AND PENALTIES

Notification of breach
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the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified breach.