Section 362BW: Enforcement: guidance

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

Part 3B: Regulation of radio selection services

OFCOM must prepare and publish guidance about the exercise of their powers under sections 362BR to 362BV and Schedule 16B (so far as relating to this Part).

The guidance must include the factors that OFCOM will take into account in deciding whether to exercise any of those powers.

OFCOM may revise or replace any guidance published under this section and, where they do so, must publish the revised or replacement guidance.

Before preparing guidance under this section (or revising or replacing it), OFCOM must consult—

the Secretary of State, and
such other persons as they consider appropriate.

Guidelines prepared by OFCOM under section 392 (amount of penalties) may, so far as relating to penalties imposed by a confirmation decision under section 362BS or a penalty notice under section 362BV, be included in the same document as guidance under this section.

In exercising or deciding whether to exercise any of their powers under sections 362BR to 362BV and Schedule 16B (so far as relating to this Part), OFCOM must have regard to any guidance for the time being published under this section.

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