OpenLegislation

Section 195 Providers that are not legal personsI1I2

United Kingdom

(1)

In this section a “relevant entity” means an entity that—

(a)

is the provider of a regulated service, and

(b)

is not a legal person under the law under which it is formed.

(2)

If a penalty notice is given to a relevant entity (in the name of the entity), the penalty must be paid out of the entity’s funds.

(3)

If a notice is given by OFCOM to a relevant entity (in the name of the entity) under any provision of this Act, the notice continues to have effect despite a change in the membership of the entity.

(4)

If a penalty notice is given jointly to two or more officers or members of a relevant entity, those individuals are jointly and severally liable to pay the penalty under it.

(5)

In subsection (4) the reference to officers or members of a relevant entity includes a reference to employees of such an entity or any other individuals associated with such an entity.

(6)

In this section a “penalty notice” means—

(a)

a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),

(b)

a penalty notice under section 139,

(c)

a penalty notice under section 140(5), or

(d)

a penalty notice under section 141(6).

Annotations

Commencement

I1

S. 195 not in force at Royal Assent, see s. 240(1)

I2

S. 195 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z24)