PART 9Enforcement

F1OFCOM: monetary penalties: procedural rights88B

1

Before imposing a monetary penalty on a person under regulation 88A, OFCOM must inform the person of their intention to do so.

2

OFCOM must also—

a

explain the grounds for imposing the penalty,

b

specify the amount of the penalty,

c

explain that the person is entitled to make representations, and

d

specify the period within which any such representations must be made.

3

If (having considered any representations), OFCOM decides to impose the penalty, OFCOM must inform the person of their decision.

4

A person to which the decision relates may appeal to the Upper Tribunal against the decision.

5

On an appeal under paragraph (4), the Upper Tribunal may—

a

dismiss the appeal,

b

quash OFCOM’s decision to impose the penalty, or

b

uphold that decision but substitute a different amount for the amount determined by OFCOM.