{
  "url": "https://openlegislation.uk/communications-act-2003/section-116",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-116.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/116",
  "kind": "section",
  "number": "116",
  "heading": "Notification of cessation by person to whom code applies",
  "text": "(1) This section applies where, by virtue of a direction under section 106, the electronic communications code applies in any person’s case for the purposes of the provision by him of—\n(a) an electronic communications network which is not of a description designated for the purposes of section 33; or\n(b) such a system of conduits as is mentioned in section 106(4)(b).\n(2) If that person ceases to provide that network or conduit system, he must notify OFCOM of that fact.\n(3) A notification under this section must be given within such period and in such manner as may be required by OFCOM.\n(4) OFCOM may impose a penalty on a person who fails to comply with a requirement imposed by or under this section.\n(5) The amount of a penalty imposed on a person under this section is to be such amount not exceeding £1,000 as OFCOM may determine to be both—\n(a) appropriate; and\n(b) proportionate to the matter in respect of which it is imposed.\n(6) Where OFCOM impose a penalty on a person under this section, they shall—\n(a) within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and\n(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.\n(7) A penalty imposed under this section—\n(a) must be paid to OFCOM; and\n(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.\n(8) The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (5).\n(9) No order is to be made containing provision authorised by subsection (8) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 116 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))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 116 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/section/116",
    "retrieved_at": "2026-10-29T09:18:16.154105+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}