101 Suspending apparatus supply for contraventions of conditions

101  Suspending apparatus supply for contraventions of conditions

(1)     OFCOM may give a direction under this section to a person who supplies electronic communications apparatus (“the contravening supplier”) if they are satisfied—

(a)     that he is or has been in serious and repeated contravention of any SMP apparatus conditions;

(b)     that an attempt, by the imposition of penalties or the giving of enforcement notifications under section 95 or both, to secure compliance with the contravened conditions has failed; and

(c)     that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions.

(2)     A direction under this section is—

(a)     a direction to the contravening supplier to cease to act as a supplier

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