Section 32C Notification of contravention of information requirementsF1

(1)

Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 32A, they may give that person a notification under this section.

(2)

A notification under this section is one which—

(a)

sets out the determination made by OFCOM;

(b)

specifies the requirement and contravention in respect of which the determination has been made;

(c)

specifies the period during which the person notified has an opportunity to make representations;

(d)

specifies information to be provided by the person to OFCOM; and

(e)

specifies any penalty which OFCOM are minded to impose in accordance with section 32D.

(3)

A notification under this section—

(a)

may be given in respect of more than one contravention; and

(b)

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

(4)

Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—

(a)

the contravention is one occurring after the time of the giving of the earlier notification;

(b)

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

(c)

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

Annotations

Textual amendments

F1: Ss. 32A-32E inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 10 (with Sch. 3 para. 2)