{
  "url": "https://openlegislation.uk/communications-act-2003/section-96",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-96.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/96",
  "kind": "section",
  "number": "96",
  "heading": "Penalties for contravention of conditions",
  "text": "(1) This section applies (in addition to section 95) where—\n(a) a person (“the notified provider”) has been given a notification under section 94;\n(b) OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and\n(c) the period allowed for the making of the representations has expired.\n(2) OFCOM may impose a penalty on the notified provider if he—\n(a) has, in one or more of the respects notified, been in contravention of a condition specified in the notification under section 94; and\n(b) has not, during the period allowed under that section, taken the steps OFCOM consider appropriate—\n(i) for complying with the notified condition; and\n(ii) for remedying the consequences of the notified contravention of that condition.\n(3) Where a notification under section 94 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.\n(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.\n(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.\n(6) Where OFCOM impose a penalty on a person under this section, they shall—\n(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\n(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.\n(7) A penalty imposed under this section—\n(a) must be paid to OFCOM; and\n(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/section/96",
    "retrieved_at": "2026-10-29T09:18:16.154105+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."
  }
}