Paragraph 2 Joint provisional notices of contraventionF1

(1)

This paragraph applies where—

(a)

OFCOM are satisfied that there are grounds for giving a person a provisional notice of contravention in respect of—

(i)

a regulated television selection service that is or was at any time provided by that person,

(ii)

a designated internet programme service that is or was at any time provided by that person,

(iii)

a designated radio selection service that is or was at any time provided by that person, or

(iv)

a relevant internet radio service that is or was at any time provided by that person, and

(b)

that person is an entity (“E”).

(2)

If there is an entity which is a parent undertaking in relation to E, the provisional notice of contravention may be given—

(a)

to E alone, or

(b)

jointly to E and to an entity which is a parent undertaking in relation to E.

(3)

If there is an entity which is a subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

(a)

to E alone, or

(b)

jointly to E and to an entity which is a subsidiary undertaking in relation to E.

(4)

If E is a subsidiary undertaking and there is an entity which is a fellow subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

(a)

to E alone, or

(b)

jointly to E and to an entity that is a fellow subsidiary undertaking in relation to E.

(5)

If an individual or individuals control E, the provisional notice of contravention may be given—

(a)

to E alone, or

(b)

jointly to E and to the individual or individuals who control E.

(6)

For the purposes of sub-paragraph (5), an individual or individuals are to be taken to control E if that individual or those individuals would, if they were an undertaking, be a parent undertaking in relation to E within the meaning of section 1162 of the Companies Act 2006 by reason of meeting the condition in subsection (2)(a), (b), (c) or (d) or (4)(a) of that section.

(7)

If a provisional notice of contravention is given jointly as mentioned in sub-paragraph (2)(b), (3)(b), (4)(b) or (5)(b), the statement under section 362AZ (6)(a) or (as the case may be) 362BR (6)(a) must include, among the matters about which representations may be made to OFCOM, the matter of whether joint and several liability would be appropriate.

Annotations

Textual amendments

F1: Sch. 16B inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(g), Sch. 11; S.I. 2024/858, reg. 2(1)(z5)