140 Suspending service provision for information contraventions

140  Suspending service provision for information contraventions

(1)     OFCOM may give a direction under this section to a person who is a communications provider or who makes associated facilities available (“the contravening provider”) if they are satisfied—

(a)     that he is or has been in [serious or repeated] contravention of requirements imposed under sections [135, 136 and 137A, or any] of them;

(b)     the requirements are not requirements imposed for purposes connected with the carrying out of OFCOM's functions in relation to SMP apparatus conditions;

(c)     [in the case of a repeated contravention,] that an attempt, by the imposition of penalties [or the giving of notifications under section 138 and confirmation decisions under section 139A, or both,] or the bringing of proceedings for an offence under section 144, to secure compliance with the contravened requirements has failed; and

[(d)     that the giving of the direction is

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