Section 96B Penalties for contravention of conditionsC1

(1)

F1This section applies where a person is given a notification under section 96A which specifies a proposed penalty.

(2)

Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(3)

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

(4)

But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a)

the giving of a confirmation decision under section 96C(4)(c) which requires immediate action; or

(b)

the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(5)

The amount of a penalty under subsection (4) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—

(a)

appropriate; and

(b)

proportionate to the contravention in respect of which it is imposed.

Annotations

Textual amendments

F1: Ss. 96A-96C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 55 (with Sch. 3 paras. 2, 13)

Modifications

C1: Ss. 96A-97 applied (6.4.2023) by The Trade (Mobile Roaming) Regulations 2023 (S.I. 2023/214), regs. 1(b), 7(2)