On 21 January 2017, Ofcom launched a consultation to revise the enforcement guidelines which set out how it investigates compliance with, and enforcement of, regulatory requirements relating to: (i) electronic communication networks and services; (ii) consumer protection law; (iii) competition law; and (iv) postal services.
Substantive changes to the guidelines include:
- clarifying the scope of the guidelines to ensure that stakeholders are aware of the types of enforcement processes which would or would not be covered;
- updating the guidelines to cover new enforcement powers gained since 2012 e.g. regulatory conditions and directions imposed or given by Ofcom under sections 45 and 49 of the Communications Act 2003; and
- clarifying guidance on how decisions will be taken on the progress and outcome of investigations and how these cases will be publicised.
Ofcom received responses from a broad range of stakeholders spanning the telecoms, energy and postal services sectors before the consultation closed on 6 March 2017. Ofcom is now in the process of reviewing these responses and expects the revised guidelines to come into effect in spring 2017.
Click here to access the Consultation guidance setting out the proposed changes.
Click here to access the Draft Enforcement Guidelines here.
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