22
Telecommunications Act 1984
c. 12
PART
ii
relates to the attention of persons likely to be affected by them
and, in the case of a licence granted to a particular person, by
sending a copy of the notice to that person.
(5) The Director shall also send a copy of a notice under subsection (3) above to the Secretary of State ; and if, within the
time specified in the notice, the Secretary of State directs the
Director not to make any modification the Director shall comply
with the direction.
(6) The Secretary of State shall not give a direction under
subsection (5) above unless it appears to him requisite or expedient to do so in the interests of national security or relations
with the government of a country or territory outside the United
Kingdom.
Securing
compliance
with licence
conditions.
Enforcement of licences
Subject to subsections (2) and (5) and section 17
below, where the Director is satisfied that a person who is authorised by a licence granted under section 7 above to run a telecommunication system (in this Act referred to as a " telecommunications operator ") is contravening, or has contravened and
is likely again to contravene, any of the conditions of his licence,
the Director shall by a final order make such provision as is
requisite for the purpose of securing compliance with that
16.-(!)
condition.
(2) Subject
to subsection
Director-
(5) below, where
it
appears to the
that a telecommunications operator is contravening,
or has contravened and is likely again to contravene,
any of the conditions of his licence ; and
(b) that it is requisite that a provisional order be made,
the Director shall (instead of taking steps towards the making
of a final order) by a provisional order make such provision as
appears to him requisite for the purpose of securing compliance
with that condition.
(a)
In determining for the purposes of subsection
(2)(b) above
is requisite that a provisional order be made, the
Director shall have regard, in particular, to the extent to which
any person is likely to sustain loss or damage in consequence
(3)
whether
it
of anything which, in contravention of the relevant condition,
is likely to be done, or omitted to be done, before a final order
may be made.
(4) Subject to subsection (5) and section 17 below, the Director
shall confirm a provisional order with or without modifications
if-
(a) he is satisfied
that the telecommunications operator is
contravening, or has contravened and is likely again to
contravene, any of the conditions of his licence ; and