OpenLegislation

Section 130 Penalties for persistent misuseC1I1I2

United Kingdom

(1)

This section applies (in addition to section 129) where—

(a)

a person (“the notified misuser”) has been given a notification under section 128;

(b)

OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and

(c)

the period allowed for the making of the representations has expired.

(2)

OFCOM may impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service.

(3)

OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse.

(4)

The amount of a penalty imposed is to be such amount not exceeding F1£2,000,000 as OFCOM determine to be—

(a)

appropriate; and

(b)

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

(5)

In making that determination OFCOM must have regard to—

(a)

any representations made to them by the notified misuser;

(b)

any steps taken by him for securing that his misuse is brought to an end and is not repeated; and

(c)

any steps taken by him for remedying the consequences of the notified misuse.

(6)

Where OFCOM impose a penalty on a person under this section, they shall—

(a)

notify the person penalised; and

(b)

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(7)

A penalty imposed under this section—

(a)

must be paid to OFCOM; and

(b)

if not paid within the period fixed by them, is to be recoverable by them accordingly.

(8)

It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct.

(9)

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 (4).

(10)

No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Annotations

Textual amendments

F1

Word in s. 130(4) substituted (25.9.2010) by Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010 (S.I. 2010/2291), arts. 1, 2(1) (with art. 2(2))

Modifications

C1

Ss. 128-131 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2

Commencement

I1

S. 130 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. 130 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)