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Section 35 Notification of contraventions of s. 33I1I2

United Kingdom

(1)

Where OFCOM determine that there are reasonable grounds for believing that a person has contravened section 33, 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; F1...

(b)

F2specifies the contravention in respect of which the determination has been made;

(c)

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

(d)

specifies information to be provided by the person to OFCOM; and

(e)

specifies any penalty which OFCOM are minded to impose in accordance with section 35A.

(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 of section 33; 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 section 33, OFCOM may give a further notification in respect of the same contravention if, and only if—

(a)

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

(b)

the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

(10)

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Annotations

Textual amendments

F1

Word in s. 35(2)(a) 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. 10(a) (with Sch. 3 paras. 2, 3)

F2

S. 35(2)(b)-(e) substituted for s. 35(2)(b) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(a) (with Sch. 3 paras. 2, 3)

F3

S. 35(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. 10(b) (with Sch. 3 paras. 2, 3)

F4

S. 35(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. 10(b) (with Sch. 3 paras. 2, 3)

Commencement

I1

S. 35 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. 35 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)