PART 5ENFORCEMENT AND PENALTIES

Amount of penalty under regulation 2021.

(1)

The amount of a penalty notified under regulation 19 (other than a penalty falling within regulation 20(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 in the case of a breach of an information requirement not exceeding £2,000,000, and in the case of any other breach of the EU Regulation or these Regulations, not exceeding ten per cent. of the turnover of the notified person's relevant business for the relevant period.

(2)

For the purposes of this regulation the turnover of a notified person's relevant business for a period shall be calculated in accordance with regulation 24.