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Section 123 Enforcement of s. 120 conditionsC1I1

United Kingdom

(1)

Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.

(1A)

F1Subsection (1B) applies where a notification under section 94 as applied by this section relates to more than one contravention of—

(a)

a code approved under section 121,

(b)

directions given in accordance with such a code, or

(c)

an order under section 122.

(1B)

Section 96(3) as applied by this section enables OFCOM to impose—

(a)

a single penalty in respect of all of those contraventions, or

(b)

separate penalties in respect of each of those contraventions,

according to whether OFCOM determine that a single penalty or separate penalties are appropriate and proportionate to those contraventions.

(2)

The amount of F2each penalty imposed under section 96 as applied by this section is to be such amount not exceeding F3£250,000 as OFCOM determine to be—

(a)

appropriate; and

(b)

proportionate to the contravention in respect of which it is imposed.

(3)

In making that determination OFCOM must have regard to—

(a)

any representations made to them by the notified provider;

(b)

any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and

(c)

any steps taken by him for remedying the consequences of those contraventions.

(4)

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 (2).

(5)

No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Annotations

Textual amendments

F1

S. 123(1A)(1B) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(4), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)

F2

Words in s. 123(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(5), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)

F3

Word in s. 123(2) substituted (30.12.2005) by Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 (S.I. 2005/3469), arts. 1(1), 2 (with art. 2(2))

Modifications

C1

Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2

Commencement

I1

S. 123 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)