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Section 133: Enforcement of directions under s. 132

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

A person is guilty of an offence if he provides an electronic communications network or electronic communications service, or makes available any associated facility—

while his entitlement to do so is suspended by a direction under section 132; or
in contravention of a restriction contained in such a direction.

A person guilty of an offence under subsection (1) shall be liable—

on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.

The duty of a person to comply with a condition of a direction under section 132 shall be a duty owed to every person who may be affected by a contravention of the condition.

Where a duty is owed by virtue of subsection (3) to a person—

a breach of the duty that causes that person to sustain loss or damage, and
an act which—
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
is done wholly or partly for achieving that result,

shall be actionable at the suit or instance of that person.

In proceedings brought against a person by virtue of subsection (4)(a) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the condition in question.

Sections 96A to 99 apply in relation to a contravention of conditions imposed by a direction under section 132 as they apply in relation to a contravention of conditions set under section 45 , other than SMP apparatus conditions .

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.