Schedule 15: Liability of parent entities etc Offences Section 199: Information offences: supplementary
This section sets out further detail on how the information offences in section 109(1) and paragraph 18(1)(b) of Schedule 12 operate.
	Proceedings against a person for an offence of failing to comply with requirements in an information notice or failing to comply with any requirement imposed by a person authorised by OFCOM to exercise powers of entry and inspection may be brought only if:
The person has been given a provisional notice of contravention;
They have received a confirmation decision in respect of that failure (requiring them to comply with the original requirement or remedy their failure to comply with it) and they have not complied with its requirements by the deadline it sets;
A penalty has not been imposed on them by OFCOM in respect of that failure; and
Neither a service restriction order nor an access restriction order has been made in relation to a regulated service provided by them in respect of that failure.
	Subsection (2) confirms that, if any proceedings are to be brought against a senior manager for the offence of failing to prevent an offence of failing to comply with an information notice, these conditions must also be met in relation to the failure to comply with an information notice.