Section 97: Amount of penalty under s. 96 or 96A, Communications Act 2003

The amount of a penalty imposed under section 96 or notified under section 96A (other than a penalty falling within section 96B(4)) is to be such amount not exceeding ten per cent. of the turnover of the person 's relevant business for the relevant period as OFCOM determine to be—

appropriate; and

proportionate to the contravention in respect of which it is imposed.

In making a determination in relation to a penalty imposed under section 96 OFCOM must have regard to—

any representations made to them by the person ;

any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94; and

any steps taken by him for remedying the consequences of those contraventions.

For the purposes of this section—

the turnover of a person's relevant business for a period shall be calculated in accordance with such rules as may be set out by order made by the Secretary of State; and

provision may also be made by such an order for determining what is to be treated as the network, service, facility or business by reference to which the calculation of that turnover falls to be made.

No order is to be made containing provision authorised by subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

In this section—

In the case of a contravention of an SMP apparatus condition the relevant business is so much of any business carried on by the person in respect of whose contravention the penalty is imposed as consists in the supply of electronic communications apparatus.

So much of any business of a person on whom the penalty is imposed as falls within paragraph (f) of the definition of a relevant business shall be disregarded for the purposes of this section except in relation to—

a contravention of an access-related condition imposed in respect of that business; or

a contravention of an enforcement notification given under section 95 or a confirmation decision under section 96C relating to such a condition.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 97: Amount of penalty under s. 96 or 96A

Discussed in

About this text