Section 129: Enforcement notifications for stopping persistent misuse

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 1: Electronic communications networks and services

This section applies where—

a person ("the notified misuser") has been given a notification under section 128;
OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and
the period allowed for the making of the representations has expired.

OFCOM may give the notified misuser an enforcement notification if they are satisfied—

that he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service; and
that he has not, since the giving of the notification, taken all such steps as OFCOM consider appropriate for—
securing that his misuse is brought to an end and is not repeated; and
remedying the consequences of the notified misuse.

An enforcement notification is a notification which imposes a requirement on the notified misuser to take all such steps for—

securing that his misuse is brought to an end and is not repeated, and
remedying the consequences of the notified misuse,

as may be specified in the notification.

A decision of OFCOM to give an enforcement notification to a person must fix a reasonable period for the taking of the steps required by the notification.

It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

That duty shall be enforceable in civil proceedings by OFCOM—

for an injunction;
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
for any other appropriate remedy or relief.

References in this section to remedying the consequences of misuse include references to paying an amount to a person—

by way of compensation for loss or damage suffered by that person; or
in respect of annoyance, inconvenience or anxiety to which he has been put.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.