Paragraph 3

(1)

If OFCOM have reason to believe that a person has committed a relevant offence, they may send a fixed penalty notice to that person.

(2)

If a procurator fiscal receives a report that a person has committed a relevant offence in Scotland, he also has power to send a fixed penalty notice to that person.

(3)

If an authorised person has, on any occasion, reason to believe that a person—

(a)

is committing a relevant offence, or

(b)

has on that occasion committed a relevant offence,

he may hand that person a fixed penalty notice.

(4)

“Authorised person” means a person authorised by OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty notices on OFCOM's behalf.

(5)

References in this Schedule to the person by whom a fixed penalty notice is issued, in relation to a notice handed to a person in accordance with sub-paragraph (3), are references to OFCOM.