UK Offence Report

The Intra-EU Communications (EU Regulation) Regulations 2019 (revoked)

UK Statutory Instrument 2019 No. 980 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
3 June 2019
In force from
30 June 2019
Extent
Not stated
Subject
Energy, communications, water and utilities
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Article 6 of the Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25th November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (“the Telecoms Single Market Regulation”) (OJ No L310/1, 26.11.2015) (OJ No 321/32, 17.12.2018, p) on retail charges for regulated intra-EU communications and amending Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 (“the Telecoms Single Market Regulation”) (OJ No L310/1, 26.11.2015). Article 6 of the EU Regulation as inserted by Article 50(5) of the BEREC Regulation requires that Member States lay down penalties applicable to infringements of Article 5a of the Telecoms Single Market Regulation. Regulation 1 provides that these Regulations come into force on 30th June 2019 and cease to have effect immediately before the end of 14th May 2024. Regulation 2 of these Regulations designates OFCOM as the national regulatory authority for the purpose of Article 5a. Regulation 3 requires OFCOM, when performing its functions under the EU Regulation or these Regulations, to take due account of all applicable guidelines issued by BEREC in accordance with Article 5a (6). Regulation 4 gives OFCOM the power to require the provision of information as considered necessary for the purpose of OFCOM carrying out functions under Article 5a. Regulation 5 provides for a notification procedure where OFCOM determines that there has been a breach of Article 5a or these Regulations. Regulation 6 provides for an enforcement procedure by OFCOM for notifications made pursuant to regulation 5. Regulation 7 provides that penalties may be imposed for breaches of Article 5a and these Regulations. In the case of continuing breaches, this regulation provides that OFCOM may impose a penalty not exceeding £500 per day for breach of information requirements and £20,000 for any other breach as OFCOM determine to be appropriate and proportionate. Regulation 8 specifies the amount of a penalty that may be imposed by OFCOM. A penalty of up to £2,000,000 may be imposed for breach of a requirement to provide OFCOM with information in relation to the implementation and enforcement of Article 5a. A penalty of up to 10% of turnover of “relevant business”, as defined in these regulations, may be imposed by OFCOM for all other breaches of Article 5a. Regulation 9 specifies the turnover of “relevant business” is to be calculated for the purposes of regulation 6 of these regulations. Regulation 10 specifies that OFCOM must pay all amounts received in respect of financial penalties into the Consolidated Fund. Regulation 11 makes it a criminal offence to breach an information requirement and sets out the relevant sanctions. Regulations 12 to 14 of these regulations provide that a person affected by a decision of OFCOM under Article 5a or these regulations may appeal that decision to the Competition Appeal Tribunal. Decisions of the Competition Appeal Tribunal may be appealed on a point of law to the Court of Appeal or the Court of Session in Scotland. Regulation 15 specifies the requirements for service of notifications and other documents. Regulation 16 specifies the requirements for notifications and documents in electronic form. A Transposition Note has been produced for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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