Regulation 20 Penalties for breach
This regulation applies where a person is given a notification under regulation 19 which specifies a proposed penalty.
OFCOM may not specify a penalty in relation to a breach of an information requirement if proceedings for an offence under regulation 23 have been brought against the notified person in respect of the breach.
Where a notification under regulation 19 relates to more than one breach, a separate penalty may be specified in respect of each breach.
Where such a notification relates to a continuing breach, no more than one penalty may be specified in respect of the period of breach specified in the notification.
But in relation to a continuing breach, a penalty may be specified in respect of each day on which the breach continues after—
the giving of a confirmation decision under regulation 22 which requires immediate action; or
the expiry of any period specified in the confirmation decision for complying with an obligation so specified.
The amount of a penalty under paragraph (5) is to be such amount as OFCOM determine to be—
appropriate; and
proportionate to the breach in respect of which it is imposed,
but not exceeding £500 per day for a breach of an information requirement and £20,000 per day for any other breach.