Paragraph 82

for subsection (1) substitute—

“(1)

This section applies where a person is given a notification under section 138 which specifies a proposed penalty.”,

in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “ specify a penalty ”,

omit subsection (2)(a) and (b),

in subsections (3) and (4) for “imposed” substitute “ specified ”,

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.”,

in subsection (5) for “a penalty imposed” substitute “ any other penalty notified ”, and

omit subsections (6) to (8).