Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Electronic communications code

111Enforcement notification for contravention of code restrictions

1

This section applies where—

a

a person (“the notified provider”) has been given a notification under section 110;

b

OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and

c

the period allowed for the making of the representations has expired.

2

OFCOM may give the notified provider an enforcement notification if they are satisfied—

a

that he has been in contravention, in one or more of the respects notified, of a requirement specified in the notification under section 110; and

b

that he has not, during the period allowed under section 110, taken all such steps as they consider appropriate—

i

for complying with that requirement; and

ii

for remedying the consequences of the notified contravention of that requirement.

3

An enforcement notification is a notification which imposes one or both of the following requirements on the notified provider—

a

a requirement to take such steps for complying with the notified requirement as may be specified in the notification;

b

a requirement to take such steps for remedying the consequences of the notified contravention as may be so specified.

4

A decision of OFCOM to give an enforcement notification to a person—

a

must be notified by them to that person, together with the reasons for the decision, no later than one week after the day on which it is taken; and

b

must fix a reasonable period for the taking of the steps required by the notification.

5

It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

6

That duty shall be enforceable in civil proceedings by OFCOM—

a

for an injunction;

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

c

for any other appropriate remedy or relief.