Commentary on provisions of Act Section 24: Further amendments concerning penalties Section 139ZA: Higher penalties for certain contraventions
Subsection (1) provides that where a person is given a notification of contravention under section 138 of the 2003 Act, there are two situations in which higher penalties apply:
The first situation is where the proposed penalty is for a contravention of a requirement to provide information under section 135 and the information is necessary for Ofcom to carry out its functions under sections 105L to 105Z or to prepare a report under section 105Z12 (subsection (2)).
The second situation is where the proposed penalty is for a contravention of a requirement imposed under subsection (3C) of section 135 (see section 12(3)(c) of the Act) (subsection (3)).
	Subsection (4) sets out the higher penalty, namely a maximum penalty of £10 million or £50,000 per day for a continuing contravention.
	Subsection (5) gives the Secretary of State a power to change these amounts of maximum penalty by regulations. These regulations must be laid before Parliament that have to be approved by a resolution of each House (subsection (6)).