SCHEDULE 13 Penalties Imposed by OFCOM under Chapter 6 of Part 7
Online Safety Act 2023 (2023 c 50) | Legislation

SCHEDULE 13 Penalties Imposed by OFCOM under Chapter 6 of Part 7

Section 143

Meaning of “penalty†in this Schedule

1

Except as otherwise indicated, references in this Schedule to a “penalty†are to any of the following—

(a)     a penalty imposed by a confirmation decision (see sections 132(5)(b) and 137), whether that is—

(i)     a penalty of a single amount, or

(ii)     a penalty calculated by reference to a daily rate;

(b)     a penalty imposed by a penalty notice under section 139;

(c)     a penalty imposed by a penalty notice under section 140(5);

(d)     a penalty imposed by a penalty notice under section 141(6).

Amount of penalties: principles

2

(1)     In determining the amount of a penalty to be imposed on a person, OFCOM must, in particular, take into account—

(a)     any representations made, and evidence provided, by the person, and

(b)     the effects of the failure (or failures) in respect of which the penalty is imposed.

(2)     In the case of a penalty imposed by a confirmation decision, OFCOM must also take into account any representations made, and evidence provided, by any other person to whom the earlier provisional notice of contravention

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