Communications Act 2003
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Change 1
368BB Enforcement of section 368BA
(1) Where the appropriate regulatory authority determine that the provider of an on-demand programme service has contravened section 368BA, they may do one or both of the following— (a) give the provider an enforcement notification under this section; (b) impose a penalty on the provider in accordance with section 368J. (2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368BA has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention. (3) An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368BA as may be specified in the notification. (4) An enforcement notification must— (a) include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and (b) fix a reasonable period for taking the steps required by the notification. (5) It is the duty of a person to whom an enforcement notification has been given to comply with it. (6) That duty is enforceable in civil proceedings by the appropriate regulatory authority— (a) for an injunction; (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or (c) for any other appropriate remedy or relief. (7) Subsection (6) applies whether or not the provider is in the United Kingdom.
368BB Enforcement of section 368BA
(1) Where the appropriate regulatory authority determine that the provider of an on-demand programme service has contravened section 368BA, they may do one or both of the following— (a) give the provider an enforcement notification under this section; (b) impose a penalty on the provider in accordance with section 368J. (2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368BA has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention. (3) An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368BA as may be specified in the notification. (4) An enforcement notification must— (a) include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and (b) fix a reasonable period for taking the steps required by the notification. (5) It is the duty of a person to whom an enforcement notification has been given to comply with it. (6) That duty is enforceable in civil proceedings by the appropriate regulatory authority— (a) for an injunction; (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or (c) for any other appropriate remedy or relief. (7) Subsection (6) applies whether or not the provider is in the United Kingdom.
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