# The Electronic Communications and Wireless Telegraphy Regulations 2011, Paragraph 82


In section 139 (penalties for contravention of information requirements)—
(a) for subsection (1) substitute—
“(1) This section applies where a person is given a notification under section 138 which specifies a proposed penalty.”,
(b) in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “ specify a penalty ”,
(c) omit subsection (2)(a) and (b),
(d) in subsections (3) and (4) for “imposed” substitute “ specified ”,
(e) after subsection (4) insert—
“(4A) 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 139A(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.
(4B) The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed.”,
(f) in subsection (5) for “a penalty imposed” substitute “ any other penalty notified ”, and
(g) omit subsections (6) to (8).

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Source: https://www.legislation.gov.uk/uksi/2011/1210/schedule/1/paragraph/82 (the official version)
Page: https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-82
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.