Section 110: Enforcement of restrictions and conditions, Communications Act 2003

Where OFCOM determine that there are reasonable grounds for believing that a person in whose case the electronic communications code applies is contravening, or has contravened, a requirement imposed by virtue of any restrictions or conditions under section 109, they may give him a notification under this section.

A notification under this section is one which—

sets out the determination made by OFCOM;

specifies the requirement and the contravention in respect of which that determination has been made; ...

specifies the period during which the person notified has an opportunity to make representations;

specifies the steps that OFCOM think should be taken by the person in order to—

comply with the requirement;

remedy the consequences of the contravention;

specifies any penalty which OFCOM are minded to impose in accordance with section 110A; and

where the contravention is serious, specifies any direction which OFCOM are minded to give under section 113(4).

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A notification under this section—

may be given in respect of more than one contravention; and

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—

the contravention is one occurring after the time of the giving of the earlier notification;

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

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Section 110: Enforcement of restrictions and conditions

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