123Enforcement of s. 120 conditions
(1)Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.
(2)The amount of the penalty imposed under section 96 as applied by this section is to be such amount not exceeding £100,000 as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.
(3)In making that determination OFCOM must have regard to—
(a)any representations made to them by the notified provider;
(b)any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and
(c)any steps taken by him for remedying the consequences of those contraventions.
(4)The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (2).
(5)No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.