Article 59 Provisional enforcement notice
Where OFCOM determine that there are reasonable grounds for believing that a PRS provider (“P”) is contravening, or has contravened, a requirement imposed by Parts 2 to 9 of this Order, OFCOM may serve a provisional enforcement notice (“PEN”) on P.
A PEN is one which—
sets out the determination made by OFCOM,
specifies the requirement in respect of which that determination has been made,
specifies the period during which P has an opportunity to make representations,
specifies the manner in which such representations are to be made to OFCOM,
specifies the steps that OFCOM think should be taken by P in order to—
comply with the requirement, and
remedy the consequences of the contravention,
specifies the period within which OFCOM think those steps should be taken by P,
specifies any penalty which OFCOM are minded to impose in accordance with article 60, and
where the contravention is serious, specifies any direction which OFCOM are minded to give under article 64.
The periods mentioned in paragraphs (2)(c) and (f) may be whatever periods OFCOM consider reasonable, having regard to the facts and circumstances of the case.
A PEN—
may be served in respect of more than one contravention, and
if it is served in respect of a continuing contravention, may be served in respect of any period during which the contravention has continued.
Where a PEN has been served on P in respect of a contravention of a requirement imposed by Parts 2 to 9 of this Order, OFCOM may serve a further PEN in respect of the same contravention of that requirement if, and only if—
the contravention is one occurring after the time of the serving of the earlier PEN,
the contravention is a continuing contravention and the subsequent PEN is in respect of so much of a period as falls after a period to which the earlier PEN relates, or
the earlier PEN has been withdrawn without a penalty having been imposed in respect of the contravention.