The Regulation of Premium Rate Services Order 2024
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Change 1
61 Final enforcement notice
(1) This article applies where— (a) a PEN has been served on P under article 59, (b) OFCOM have allowed P an opportunity to make representations about the matters notified, and (c) the period allowed for the making of representations has expired. (2) OFCOM may— (a) serve on P an enforcement notice with a final decision (“FEN”)— (i) confirming the imposition of requirements on P, (ii) confirming the giving of a direction under article 64 to P, (iii) confirming the giving of a direction under article 64 to relevant providers, or (iv) doing some or all of those things, in accordance with the PEN served under article 59, or (b) inform P, having considered any representations made by P, that no further action will be taken. (3) Where the FEN includes OFCOM’s confirmation of the giving of a direction to relevant providers under paragraph (2)(a)(iii), OFCOM must also serve the FEN on those relevant providers. (4) OFCOM may not serve a FEN on P unless, after considering any representations made by P, they are satisfied that P has, in one or more of the respects notified, been in contravention of a requirement specified in the PEN served under article 59. (5) A FEN— (a) must be served on P without delay, (b) must include reasons for the final decision, (c) may require immediate action by P to comply with requirements of a kind mentioned in article 59(2)(e), or may specify a period within which P must comply with those requirements, (d) may require P to pay— (i) the penalty specified in the PEN served under article 59, or (ii) such lesser penalty as OFCOM consider appropriate in the light of P’s representations or steps taken by P to comply with the requirement or to remedy the consequences of the contravention, and (e) may specify the period within which the penalty is to be paid. (6) P must comply with any requirement imposed by the FEN within the specified period. (7) In this article, “relevant providers” has the meaning given in article 64(6).
61 Final enforcement notice
(1) This article applies where— (a) a PEN has been served on P under article 59, (b) OFCOM have allowed P an opportunity to make representations about the matters notified, and (c) the period allowed for the making of representations has expired. (2) OFCOM may— (a) serve on P an enforcement notice with a final decision (“FEN”)— (i) confirming the imposition of requirements on P, (ii) confirming the giving of a direction under article 64 to P, (iii) confirming the giving of a direction under article 64 to relevant providers, or (iv) doing some or all of those things, in accordance with the PEN served under article 59, or (b) inform P, having considered any representations made by P, that no further action will be taken. (3) Where the FEN includes OFCOM’s confirmation of the giving of a direction to relevant providers under paragraph (2)(a)(iii), OFCOM must also serve the FEN on those relevant providers. (4) OFCOM may not serve a FEN on P unless, after considering any representations made by P, they are satisfied that P has, in one or more of the respects notified, been in contravention of a requirement specified in the PEN served under article 59. (5) A FEN— (a) must be served on P without delay, (b) must include reasons for the final decision, (c) may require immediate action by P to comply with requirements of a kind mentioned in article 59(2)(e), or may specify a period within which P must comply with those requirements, (d) may require P to pay— (i) the penalty specified in the PEN served under article 59, or (ii) such lesser penalty as OFCOM consider appropriate in the light of P’s representations or steps taken by P to comply with the requirement or to remedy the consequences of the contravention, and (e) may specify the period within which the penalty is to be paid. (6) P must comply with any requirement imposed by the FEN within the specified period. (7) In this article, “relevant providers” has the meaning given in article 64(6).
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