[368J Financial penalties]
Communications Act 2003 (2003 c 21) | Legislation

[Financial penalties]

[368J  Financial penalties]

[(1)     The amount of a penalty imposed on a provider under section [368BB. . .][, 368I or 368IA] is to be such amount not exceeding 5 per cent. of the provider's applicable qualifying revenue or £250,000 whichever is the greater amount, as the appropriate regulatory authority determine to be—

(a)     appropriate; and

(b)     proportionate to the contravention [or failure] in respect of which it is imposed.

[(1A)     Where the provider in question is the BBC, the amount of the penalty is to be such amount not exceeding the amount for the time being specified in an order under section 198(6) or, if no such order is in force, £250,000, as OFCOM determine to be—

(a)     appropriate; and

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

(2)     In determining the amount of

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