# Communications Act 2003, Section 35: Notification of contraventions of s. 33

Extent: E+W+S+N.I.

(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; ...
(b) specifies 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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(b) the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.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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Source: https://www.legislation.gov.uk/ukpga/2003/21/section/35 (the official version)
Page: https://openlegislation.uk/communications-act-2003/section-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

