Section 368Z15: Enforcement, Communications Act 2003

Where the appropriate regulatory authority determine that a person is contravening or has contravened section 368Z14 they may do one or both of the following—

give the person an enforcement notification;

impose a financial penalty on the person in accordance with section 368Z16.

The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless—

there are reasonable grounds for believing that a contravention of section 368Z14 is occurring or has occurred, and

they have allowed the person an opportunity to make representations about that apparent contravention.

An enforcement notification is a notification which—

specifies the determination made as mentioned in subsection (1),

imposes requirements on the person to take such steps for complying with section 368Z14 and for remedying the consequences of the contravention as may be specified in the notification,

fixes a reasonable period for the taking of those steps, and

sets out the reasons for the appropriate regulatory authority's decision to give the enforcement notification.

The requirements specified in an enforcement notification may include requirements to do one or more of the following—

instruct or request specified persons to remove specified advertisements from the internet;

arrange for specified advertisements to be modified in specified ways.

A person to whom an enforcement notification is given must comply with it.

The duty under subsection (5) is enforceable in civil proceedings by the appropriate regulatory authority—

for an injunction,

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

for any other appropriate remedy or relief.

If a person to whom an enforcement notification has been given does not comply with it, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368Z16.

Section 368Z15: Enforcement

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