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Section 99: Confirmation of directions under s. 98

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

As soon as reasonably practicable after giving a direction under section 98(4), OFCOM must give the person to whom it is given—

an opportunity of making representations to them about the grounds on which it was given and its effect; and
an opportunity of proposing steps to remedy the situation.

As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction under section 98(4) was given) , they must determine—

whether the contravention providing the grounds for the giving of the direction did occur; and
whether the circumstances made it an urgent case justifying the giving of the direction.

The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM—

require additional time to consider representations received; or
decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

If not, they must exercise their power to revoke it.

As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.

Conditions included in a direction by virtue of section 98(7) have effect only if the direction is confirmed.

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.