# The Audiovisual Media Services Regulations 2020, Regulation 38

Extent: E+W+S+N.I.

In section 368J (financial penalties)—
(a) in subsection (1)—
(i) for “368BD or 368I” substitute “368BD, 368I or 368IA”;
(ii) after “contravention” insert “or failure”;
(b) after subsection (1) insert—
“(1A) Where the provider in question is the BBC, the amount of the penalty is to be such amount not exceeding the amount for the time being specified in an order under section 198(6) or, if no such order is in force, £250,000, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the contravention or failure in respect of which it is imposed.”;
(c) in subsection (2), after “subsection (1)” insert “or (1A)”;
(d) in subsection (3)(a), after “contravention” insert “or failure”;
(e) in subsection (4), after “contravention” insert “or failure”.

---
Source: https://www.legislation.gov.uk/uksi/2020/1062/regulation/38 (the official version)
Page: https://openlegislation.uk/audiovisual-media-services-regulations-2020/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.