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Change 1
As published
53G Enforcement of notification under section 53E
(1) This section applies where—
(a) a person has been given a notification under section 53E,
(b) OFCOM have allowed the person 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) give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the suspension or revocation of the person's registration, or both, in accordance with the notification under section 53E, or
(b) inform the person that they are satisfied with the person's representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a restriction or condition specified in the notification under section 53E.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by the person to comply with requirements of a kind mentioned in section 53E(2)(d), or may specify a period within which the person must comply with those requirements,
(d) may require the person to pay—
(i) the penalty specified in the notification under section 53E, or
(ii) such lesser penalty as OFCOM consider appropriate in the light of the person's representations or steps taken by the person to comply with the condition or restriction or remedy the consequences of the contravention, and
(e) may specify the period within which any such penalty is to be paid.
(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.
(6) That duty is enforceable in civil proceedings by OFCOM—
(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) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within the period specified by them, is to be recoverable by them accordingly.
Your change, as a redline
53G Enforcement of notification under section 53E
(1) This section applies where—
(a) a person has been given a notification under section 53E,
(b) OFCOM have allowed the person 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) give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the suspension or revocation of the person's registration, or both, in accordance with the notification under section 53E, or
(b) inform the person that they are satisfied with the person's representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a restriction or condition specified in the notification under section 53E.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by the person to comply with requirements of a kind mentioned in section 53E(2)(d), or may specify a period within which the person must comply with those requirements,
(d) may require the person to pay—
(i) the penalty specified in the notification under section 53E, or
(ii) such lesser penalty as OFCOM consider appropriate in the light of the person's representations or steps taken by the person to comply with the condition or restriction or remedy the consequences of the contravention, and
(e) may specify the period within which any such penalty is to be paid.
(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.
(6) That duty is enforceable in civil proceedings by OFCOM—
(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) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within the period specified by them, is to be recoverable by them accordingly.
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