SCHEDULES
SCHEDULE 1Amendments to Communications Act 2003 and related amendments
85
In section 142 (procedure for directions under sections 140 and 141)—
a
in subsection (1) after “case,” insert “
or a case where a proposed direction has been notified to a person in accordance with section 138(2)(f)
”
,
b
for subsection (2) substitute—
2A
That period must be—
a
in relation to a direction under section 140, such reasonable period as OFCOM may determine, and
b
in relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification.
c
after subsection (3) insert—
3A
In relation to a direction under section 140 in an urgent case, as soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
a
whether the contravention providing the grounds for the giving of the direction did occur; and
b
whether the circumstances made it an urgent case justifying the giving of the direction.
3B
The period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if OFCOM—
a
require additional time to consider representations received; or
b
decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).