Penalties for contravention of code restrictions110A

1

This section applies where a person is given a notification under section 110 which 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 111(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 under subsection (4) is to be such amount not exceeding £100 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 in a notification under section 110 is to be such amount not exceeding £10,000 as OFCOM determine to be—

a

appropriate, and

b

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

7

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 (6).

8

No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.