Commentary on provisions of Act Section 7: Powers of Ofcom to enforce compliance with security duties Section 105S: Enforcement of security duties
Subsection (1) states that sections 96A to 100, 102 and 103 of the 2003 Act, which apply to contraventions of conditions set under section 45, also apply in relation to a contravention of a security duty. In summary:
Section 96A allows Ofcom to issue a notification to a person they reasonably consider to have contravened or be contravening a condition set under section 45. Subsection 96A(2) lists the points that a notification must specify.
Section 96B sets out the requirements for penalties which may be included in a notification under section 96A, including the maximum amount of a daily penalty (subsection (5)).
Section 96C provides for the enforcement of notifications given under section 96A.
Section 97 sets out the amount of a penalty given under section 96A. The maximum amount of a penalty (other than a penalty for a continuing contravention) is 10 percent of the turnover of the person’s business (subsection (1)).
Section 98 gives Ofcom the power to deal with urgent cases where they are entitled to give a notification under section 96A. This includes the power to suspend or restrict the contravening provider’s entitlement to provide networks or services (subsection 98(4)).
Section 99 sets out the process which must be followed by Ofcom after they have given a direction under subsection 98(4).
Section 100 concerns the suspension of service provision for contravention of conditions.
Section 102 sets out the procedure for directions under section 100.
Section 103 concerns the enforcement of decisions under sections 98 and 100.
	Subsection (2) provides that this section is subject to section 105T, which concerns the enforcement of security duties and the amount of penalties.
	Subsection (3) explains that "security duty" means a duty imposed by sections 105A, 105B, 105C, 105D, 105I, 105J, 105K, 105L(6), (7)(c) and (8), 105N(2)(a) and 105O.