# The Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003, Note: Explanatory note


(This note is not part of the Order)
This Order sets out rules governing the way in which the turnover of a notified provider of electronic communications networks, services, facilities, or apparatus should be calculated for the purposes of section 97 of the Communications Act 2003.
A notified provider is a person in respect of whom OFCOM have given a notification under section 94 that there are reasonable grounds for believing that that person is contravening, or has contravened, a condition set under section 45. Conditions set under section 45 are general conditions, universal service conditions, access-related conditions, privileged supplier conditions and significant market power conditions.
Where OFCOM determine that a notified provider is in contravention of a condition specified in the notification, they may impose, on that provider, a penalty of up to 10 per cent of the turnover of the provider’s relevant business.

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Source: https://www.legislation.gov.uk/ukdsi/2003/011047435X/note (the official version)
Page: https://openlegislation.uk/draft-electronic-communications-networks-and-services-penalties-rules-for-calculation-of-turnover-order-2003/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.