[368IA Enforcement of section 368E(4)]
Communications Act 2003 (2003 c 21) | Legislation

[368IA  Enforcement of section 368E(4)]

[(1)     Where the appropriate regulatory authority determine that a provider of an on-demand programme service[, or a non-UK on-demand programme service that is a Tier 1 service,] has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, the authority may do one or both of the following—

(a)     give the provider an enforcement notification under this section;

(b)     impose a financial penalty on the provider in accordance with section 368J.

(2)     The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a failure as mentioned in that subsection

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