Section 33 Failure to provide information etc
A person commits an offence if he fails to provide information in accordance with a requirement of OFCOM under section 32F1or 32A.
In proceedings against a person for an offence under subsection (1) it is a defence for the person to show—
that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but
that he has taken all reasonable steps to provide the required information after the end of that period.
A person who commits an offence under subsection (1) is liable on summary conviction to
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to a fine.
A person commits an offence if—
in pursuance of a requirement under section 32F3or 32A, he provides information that is false in any material particular; and
at the time he provides it, he knows it to be false or is reckless as to whether or not it is false.
A person who commits an offence under subsection (4) is liable on summary conviction to
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
Proceedings for an offence under this section may be brought in respect of a contravention by a person of a requirement imposed under section 32A only if OFCOM have not imposed a financial penalty under sections 32C and 32E in respect of that contravention.
Annotations
Textual amendments
- F1
Words in s. 33(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(a) (with Sch. 3 para. 2)
- F2
Words in s. 33(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(b) (with Sch. 3 para. 2)
- F3
Words in s. 33(4)(a) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(c) (with Sch. 3 para. 2)
- F4
Words in s. 33(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(d) (with Sch. 3 para. 2)
- F5
S. 33(6) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 11(e) (with Sch. 3 para. 2)