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Section 110 Enforcement of restrictions and conditionsI1I2C1

United Kingdom

(1)

Where OFCOM determine that there are reasonable grounds for believing that a person in whose case the electronic communications code applies is contravening, or has contravened, a requirement imposed by virtue of any restrictions or conditions under section 109, they may give him a notification under this section.

(2)

A notification under this section is one which—

(a)

sets out the determination made by OFCOM;

(b)

specifies the requirement and the contravention in respect of which that determination has been made; F1...

F2(c)

specifies the period during which the person notified has an opportunity to make representations;

(d)

specifies the steps that OFCOM think should be taken by the person in order to—

(i)

comply with the requirement;

(ii)

remedy the consequences of the contravention;

(e)

specifies any penalty which OFCOM are minded to impose in accordance with section 110A; and

(f)

where the contravention is serious, specifies any direction which OFCOM are minded to give under section 113(4).

F3(3)

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(4)

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(5)

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(6)

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(7)

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(8)

A notification under this section—

(a)

may be given in respect of more than one contravention; and

(b)

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

(9)

Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—

(a)

the contravention is one occurring after the time of the giving of the earlier notification;

(b)

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

(c)

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

F4(10)

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Annotations

Textual amendments

F1

Word in s. 110(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(a) (with Sch. 3 paras. 2, 15)

F2

S. 110(2)(c)-(f) substituted for s. 110(2)(c) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(b) (with Sch. 3 paras. 2, 15)

F3

S. 110(3)-(7) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(c) (with Sch. 3 paras. 2, 15)

F4

S. 110(10) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 68(c) (with Sch. 3 paras. 2, 15)

Modifications

C1

Ss. 106-119 modified (coming into force in accordance with reg. 1 of the amending S.I.) by The Electronic Communications Code (Transitional Provisions) Regulations 2017 (S.I. 2017/1008), reg. 4

Commencement

I1

S. 110 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2

S. 110 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)