Section 32D Penalties for contravention of information requirementsF1

(1)

This section applies where a person is given a notification under section 32C which specifies a proposed penalty.

(2)

OFCOM may specify a penalty only if no proceedings for an offence under section 33 have been brought against the person in respect of the contravention.

(3)

Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(4)

Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(5)

But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a)

the giving of a confirmation decision under section 32E(4)(c) which requires immediate action; or

(b)

the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(6)

The amount of a penalty under subsection (5) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—

(a)

appropriate; and

(b)

proportionate to the contravention in respect of which it is imposed

(7)

The amount of any other penalty specified under this section is to be such amount not exceeding £2 million as OFCOM determine to be both—

(a)

appropriate; and

(b)

proportionate to the contravention in respect of which it is imposed.

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)