Section 130: Penalties for persistent misuse, Communications Act 2003

This section applies (in addition to section 129) 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 impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service.

OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse.

The amount of a penalty imposed is to be such amount not exceeding £2,000,000 as OFCOM determine to be—

appropriate; and

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

In making that determination OFCOM must have regard to—

any representations made to them by the notified misuser;

any steps taken by him for securing that his misuse is brought to an end and is not repeated; and

any steps taken by him for remedying the consequences of the notified misuse.

Where OFCOM impose a penalty on a person under this section, they shall—

notify the person penalised; and

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

A penalty imposed under this section—

must be paid to OFCOM; and

if not paid within the period fixed by them, is to be recoverable by them accordingly.

It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct.

The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (4).

No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Section 130: Penalties for persistent misuse

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