PART 5ENFORCEMENT AND PENALTIES
Penalties for breach20.
(1)
This regulation applies where a person is given a notification under regulation 19 which specifies a proposed penalty.
(2)
OFCOM may not specify a penalty in relation to a breach of an information requirement if proceedings for an offence under regulation 23 have been brought against the notified person in respect of the breach.
(3)
Where a notification under regulation 19 relates to more than one breach, a separate penalty may be specified in respect of each breach.
(4)
Where such a notification relates to a continuing breach, no more than one penalty may be specified in respect of the period of breach specified in the notification.
(5)
But in relation to a continuing breach, a penalty may be specified in respect of each day on which the breach continues after—
(a)
the giving of a confirmation decision under regulation 22 which requires immediate action; or
(b)
the expiry of any period specified in the confirmation decision for complying with an obligation so specified.
(6)
The amount of a penalty under paragraph (5) is to be such amount as OFCOM determine to be—
(a)
appropriate; and
(b)
proportionate to the breach in respect of which it is imposed,
but not exceeding £500 per day for a breach of an information requirement and £20,000 per day for any other breach.