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The Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111497838

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 130(10) of the Communications Act 2003, for approval by resolution of each House of Parliament.

Electronic Communications

Made ***

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 130(9) of the Communications Act 2003 f1;

In accordance with section 130(10) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c.21.

Contents

  1. 1Citation and Commencement
  2. 2Amendment of section 130 of the Communications Act 2003
  3. Signature
  4. Explanatory note

1Citation and Commencement

This Order may be cited as The Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010 and shall come into force on the tenth day after the day on which it is made.

2Amendment of section 130 of the Communications Act 2003

(1)

In section 130(4) of the Communications Act 2003 (penalties for persistent misuse)f1 for “£50,000” substitute “£2,000,000”.

(2)

Paragraph (1) does not apply to penalties in respect of –

(a)

a misuse; or

(b)

a contravention of a requirement of an enforcement notification given in respect of a notified misuse,

which occurred before the coming into force of this Order.

Signature

Name

Minister for Digital Media

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Order)

This Order amends section 130(4) of the Communications Act 2003 so as to raise from £50,000 to £2,000,000 the maximum penalty that the Office of Communications can impose under section 130 of that Act in respect of persistent misuse of electronic communications networks or electronic communications services.

An impact assessment has been prepared for this Order and a copy is available from Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET.