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Change 1
As published
104B Penalties for failure to provide information
(1) This section applies if—
(a) OFCOM have given an information notice under section 104A(2) to a person within section 104A(5), and
(b) OFCOM have determined, after giving the person an opportunity to make representations, that there are reasonable grounds for believing that there was, or is, a failure by the person to comply with the information notice.
(2) OFCOM may give the person a notice (a “penalty notice”) requiring the person to pay OFCOM a penalty of an amount specified in the notice.
(3) The penalty may include an amount for each day on which the person fails to comply with the information notice.
(4) The amount of the penalty under subsection (2) is to be such amount, not exceeding £250,000, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the failure to comply in respect of which it is imposed.
(5) If the penalty notice is given in relation to a continuing failure to comply with the information notice, the penalty notice may also require the person to pay OFCOM a penalty of an amount specified in the penalty notice in respect of each day after the giving of the penalty notice on which the failure continues.
(6) The amount of a penalty under subsection (5) is to be such amount, not exceeding £500 per day, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the failure to comply in respect of which it is imposed.
(7) A penalty notice must—
(a) fix a reasonable period after it is given as the period within which a penalty under subsection (2) is to be paid;
(b) where penalties under subsection (5) are imposed, fix a reasonable period as the period within which such a penalty is to be paid.
(8) A financial penalty imposed under this section must be paid to OFCOM within the period fixed by them.
(9) Where OFCOM receive an amount payable to them by virtue of subsection (8), that amount is to be paid into the Consolidated Fund.
(10) An amount payable by a person to OFCOM by virtue of subsection (8) is recoverable by OFCOM as a debt due to OFCOM from that person.
Your change, as a redline
104B Penalties for failure to provide information
(1) This section applies if—
(a) OFCOM have given an information notice under section 104A(2) to a person within section 104A(5), and
(b) OFCOM have determined, after giving the person an opportunity to make representations, that there are reasonable grounds for believing that there was, or is, a failure by the person to comply with the information notice.
(2) OFCOM may give the person a notice (a “penalty notice”) requiring the person to pay OFCOM a penalty of an amount specified in the notice.
(3) The penalty may include an amount for each day on which the person fails to comply with the information notice.
(4) The amount of the penalty under subsection (2) is to be such amount, not exceeding £250,000, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the failure to comply in respect of which it is imposed.
(5) If the penalty notice is given in relation to a continuing failure to comply with the information notice, the penalty notice may also require the person to pay OFCOM a penalty of an amount specified in the penalty notice in respect of each day after the giving of the penalty notice on which the failure continues.
(6) The amount of a penalty under subsection (5) is to be such amount, not exceeding £500 per day, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the failure to comply in respect of which it is imposed.
(7) A penalty notice must—
(a) fix a reasonable period after it is given as the period within which a penalty under subsection (2) is to be paid;
(b) where penalties under subsection (5) are imposed, fix a reasonable period as the period within which such a penalty is to be paid.
(8) A financial penalty imposed under this section must be paid to OFCOM within the period fixed by them.
(9) Where OFCOM receive an amount payable to them by virtue of subsection (8), that amount is to be paid into the Consolidated Fund.
(10) An amount payable by a person to OFCOM by virtue of subsection (8) is recoverable by OFCOM as a debt due to OFCOM from that person.
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