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Section 96 Penalties for contravention of conditionsI1C1I2

(1)

This section applies (in addition to section 95) where—

(a)

a person (“the notified provider”) has been given a notification under section 94;

(b)

OFCOM have allowed the notified provider 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 provider if he—

(a)

has, in one or more of the respects notified, been in contravention of a condition specified in the notification under section 94; and

(b)

has not, during the period allowed under that section, taken the steps OFCOM consider appropriate—

(i)

for complying with the notified condition; and

(ii)

for remedying the consequences of the notified contravention of that condition.

(3)

Where a notification under section 94 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

(4)

Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.

(5)

OFCOM may also impose a penalty on the notified provider if he has contravened, or is contravening, a requirement of an enforcement notification given under section 95 in respect of the notified contravention.

(6)

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

(a)

within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; 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.

Annotations

Modifications

C1

Ss. 94-97 applied (with modifications) by S.I. 2000/730, reg. 18(5) (as inserted (25.7.2003) by Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1(1), 2(12)(b))

Commencement

I1

S. 96 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. 96 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)