Paragraph 85

in subsection (1) after “case,” insert “ or a case where a proposed direction has been notified to a person in accordance with section 138(2)(f) ”,

for subsection (2) substitute—

“(2A)

That period must be—

(a)

in relation to a direction under section 140, such reasonable period as OFCOM may determine, and

(b)

in relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification.”, and

after subsection (3) insert—

“(3A)

In relation to a direction under section 140 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).”