# The Electronic Communications and Wireless Telegraphy Regulations 2011, Paragraph 61


In section 102 (procedure for directions under section 100 and 101)—
(a) in subsection (1) after “case,” insert “ or a case where Condition A in section 100 is satisfied, ”,
(b) for subsection (2) substitute—
“(2) That period must be—
(a) in relation to a direction under section 100, such reasonable period as OFCOM may determine, and
(b) in relation to a direction under section 101, a period ending not less than one month after the day of the giving of the notification.”,
(c) after subsection (3) insert—
“(3A) In relation to a direction under section 100 in an urgent case, as soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
(a) whether the contravention providing the grounds for the giving of the direction did occur; and
(b) whether the circumstances made it an urgent case justifying the giving of the direction.
(3B) The period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if OFCOM—
(a) require additional time to consider representations received; or
(b) decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).”, and
(d) in subsection (6) for the definition of “contravening provider” substitute—
““contravening provider” means a person who is a communications provider or makes associated facilities available;”

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Source: https://www.legislation.gov.uk/uksi/2011/1210/schedule/1/paragraph/61 (the official version)
Page: https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.