{
  "url": "https://openlegislation.uk/communications-act-2003/section-40",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-40.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "Notification of non-payment of charges",
  "text": "(1) OFCOM are not entitled to bring proceedings for the recovery from a person of an administrative charge fixed for any year under section 38 unless they have given that person a notification under this section with respect to the amount they are seeking to recover.\n(2) Where OFCOM determine that there are reasonable grounds for believing that a person is in contravention (whether in respect of the whole or a part of a charge) of a requirement to pay such an administrative charge, they may give him a notification under this section.\n(3) A notification under this section is one which—\n(a) sets out the determination made by OFCOM; and\n(b) specifies the period during which the person notified has an opportunity of making representations about the notified determination .\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) A notification under this section—\n(a) may be given in respect of contraventions of more than one requirement to pay an administrative charge; and\n(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.\n(10) Where a notification under this section has been given to a person in respect of an amount outstanding, OFCOM may give a further notification in respect of the whole or a part of that amount if, and only if—\n(a) the subsequent notification is in respect of so much of a period during which that amount was outstanding as falls after a period to which the earlier notification relates; or\n(b) the earlier notification has been withdrawn without a penalty having been imposed in respect of the matters notified.\n(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 40(3)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 15(a) (with Sch. 3 paras. 2, 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 40(4)-(8) 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. 15(b) (with Sch. 3 paras. 2, 4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 40(11) 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. 15(b) (with Sch. 3 paras. 2, 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 40 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. 40 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/40",
    "retrieved_at": "2026-10-28T17:08:53.877248+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."
  }
}