Section 41: Penalties for non-payment of charges, Communications Act 2003

This section applies where—

a person ("the notified charge payer") has been given a notification under section 40;

OFCOM have allowed the notified charge payer an opportunity of making representations about the notified determination; and

the period allowed for the making of the representations has expired.

OFCOM may impose a penalty on the notified charge payer if he—

has, in one or more of the respects notified, been in contravention of a requirement to pay an administrative charge fixed under section 38; ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where a notification under section 40 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.

The amount of a penalty imposed under this section is to be such amount, not exceeding twice the amount of the charge fixed for the relevant year, as OFCOM determine to be—

appropriate; and

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

In making that determination OFCOM must have regard to—

any representations made to them by the notified charge payer; and

any steps taken by him towards paying the amounts that he was notified under section 40 were outstanding.

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

without delay, notify that person of that decision and of their reasons for that decision; 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.

In this section "the relevant year", in relation to a contravention of a requirement to pay the whole or a part of the administrative charge fixed for any year, means that year.

The provisions of this section do not affect OFCOM's power, apart from those provisions, to bring proceedings (whether before or after the imposition of a penalty under this section) for the recovery of the whole or part of an amount due to them under section 38(1).

Section 41: Penalties for non-payment of charges

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