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Section 35: Notification of contraventions of s. 33

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

Where OFCOM determine that there are reasonable grounds for believing that a person has contravened section 33, 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 contravention in respect of which the determination has been made;
specifies the period during which the person notified has an opportunity to make representations;
specifies information to be provided by the person to OFCOM; and
specifies any penalty which OFCOM are minded to impose in accordance with section 35A.

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A notification under this section—

may be given in respect of more than one contravention of section 33; 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 section 33, OFCOM may give a further notification in respect of the same contravention if, and only if—

the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after a period to which the earlier notification relates; or
the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

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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.