97 Amount of penalty under s 96 [or 96A]
Communications Act 2003 (2003 c 21) | Legislation

97  Amount of penalty under s 96 [or 96A]

(1)     The amount of a penalty imposed under section 96 [or notified under section 96A (other than a penalty falling within section 96B(4))] is to be such amount not exceeding ten per cent of the turnover of the [person]'s relevant business for the relevant period as OFCOM determine to be—

(a)     appropriate; and

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

(2)     In making [a determination in relation to a penalty imposed under section 96] OFCOM must have regard to—

(a)     any representations made to them by the [person];

(b)     any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94; and

(c)     any steps taken by him for remedying the consequences of those contraventions.

(3)     For the purposes of this section—

(a)     the turnover of

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