Regulation 88B OFCOM: monetary penalties: procedural rightsF1

(1)

Before imposing a monetary penalty on a person under regulation 88A, OFCOM must inform the person of their intention to do so.

(2)

OFCOM must also—

(a)

explain the grounds for imposing the penalty,

(b)

specify the amount of the penalty,

(c)

explain that the person is entitled to make representations, and

(d)

specify the period within which any such representations must be made.

(3)

If (having considered any representations), OFCOM decides to impose the penalty, OFCOM must inform the person of their decision.

(4)

A person to which the decision relates may appeal to the Upper Tribunal against the decision.

(5)

On an appeal under paragraph (4), the Upper Tribunal may—

(a)

dismiss the appeal,

(b)

quash OFCOM’s decision to impose the penalty, or

(b)

uphold that decision but substitute a different amount for the amount determined by OFCOM.

Annotations

F1: Regs. 88A, 88B inserted (29.4.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/477), regs. 1(2), 11

F1: Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after both S.I. 2020/590 and S.I. 2020/951 have come into force) by The Russia (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1571), arts. 1(1), 2, Schs. 1, 2 (as amended: (11.3.2021) by S.I. 2021/288, arts. 1(1), 2(2); (14.4.2022) by S.I. 2022/453, arts. 1(1), 3-38; (20.7.2022) by S.I. 2022/843, arts. 1(1), 3; (10.11.2022) by S.I. 2022/1167, arts. 1(1), 3-17; (15.12.2022) by S.I. 2022/1338, arts. 1(1), 3-10; (9.3.2023) by S.I. 2023/291, arts. 1(1), 3-9; (20.7.2023) by S.I. 2023/846, arts. 1(1), 3, 5-22; (30.9.2023) by S.I. 2023/846, arts. 1(2), 4; (14.3.2024) by S.I. 2024/370, arts. 1, 3-13; (3.10.2024) by S.I. 2024/987, arts. 1(1), 3-6; and (11.12.2025) by S.I. 2025/1307, art. 1(1), Sch. 15)