Section 102 Power of OFCOM to impose penalty.

F1If OFCOM—

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

If OFCOM are satisfied that, in connection with an application for consent for the purposes of section 101(5), a person other than the BBC or S4C who is the provider of a relevant service has—

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

If F2OFCOM—

they may require him to pay, within a specified period, a specified financial penalty to OFCOM.

If OFCOM are satisfied that, in connection with an application for consent F6under subsection (1) of section 101 F7or for the purposes of F8subsection (1) or (1A) of section 101B, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—

they may require him to pay, within a specified period, a specified financial penalty to OFCOM.

F9Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with F10subsection (1) or (1A) of section 101B, OFCOM shall consult such persons (who may include competent authorities in F11EEA States or qualifying CTT States) as appear to OFCOM to be appropriate.

The amount of any financial penalty imposed on any person under subsection F12(A1), (B1), (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.

In subsection (3)—

An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where OFCOM receive any amount payable to them by virtue of subsection F14(A1), (B1), (1) or (2), that amount shall not form part of the revenues of OFCOM but shall be paid into the Consolidated Fund.

Any amount payable by any person to OFCOM by virtue of subsection F15(A1), (B1), (1) or (2) shall be recoverable by them as a debt due to them from that person.