Section 53L Penalties under section 53KF1

(1)

This section applies where a person is given a notification under section 53K that specifies a proposed penalty.

(2)

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

(3)

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.

(4)

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 53M(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.

(5)

The amount of a penalty specified under subsection (4) 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.

(6)

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: Pt. 2A inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 8(1), 118(6); S.I. 2017/765, reg. 2(c)