SCHEDULES
SCHEDULE 1Amendments to Communications Act 2003 and related amendments
82
In section 139 (penalties for contravention of information requirements)—
a
for subsection (1) substitute—
1
This section applies where a person is given a notification under section 138 which specifies a proposed penalty.
b
in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “
specify a penalty
”
,
c
omit subsection (2)(a) and (b),
d
in subsections (3) and (4) for “imposed” substitute “
specified
”
,
e
after subsection (4) insert—
4A
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 139A(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.
4B
The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
f
in subsection (5) for “a penalty imposed” substitute “
any other penalty notified
”
, and
g
omit subsections (6) to (8).