# Communications Act 2003, Paragraph 89


(1) Sub-paragraph (2) applies to a notice given under paragraph 31(1), 33(1), 39(1) or 40(2) by a person other than an operator.
(2) If OFCOM have prescribed the form of a notice given under the provision in question by a person other than an operator, the notice must be in that form.
(3) A notice which does not comply with sub-paragraph (2) is not a valid notice for the purposes of this code.
(4) Sub-paragraph (3) does not prevent the operator to whom the notice is given from relying on the notice if the operator chooses to do so.
(5) Sub-paragraph (6) applies to a notice given under any other provision of this code by a person other than an operator if—
(a) OFCOM have prescribed the form of a notice given under that provision by a person other than an operator,
(b) the notice is given in response to a notice given by an operator, and
(c) the operator has, in giving the notice, drawn the person's attention to the form prescribed by OFCOM.
(6) The notice is a valid notice for the purposes of this code, but the person giving the notice must bear any costs incurred by the operator as a result of the notice not being in that form.
(7) In any proceedings under this code a certificate issued by OFCOM stating that a particular form of notice has been prescribed by them as mentioned in this paragraph is conclusive evidence of that fact.

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Source: https://www.legislation.gov.uk/ukpga/2003/21/schedule/3A/paragraph/89 (the official version)
Page: https://openlegislation.uk/communications-act-2003/schedule-3A/paragraph-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.