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.