Citation, commencement and extent

1.—(1) This Order may be cited as the Electronic Communications (Networks and Services) (Designated Vendor Directions) (Penalties) Order 2025.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order extends to England and Wales, Scotland and Northern Ireland.

Network, service, facility or business by reference to which calculation of turnover falls to be made for the purposes of section 105Z19 of the Communications Act 2003

2. For the purposes of section 105Z19 of the Communications Act 2003 (amount of penalty)(2), in the case of a contravention of a requirement imposed by a designated vendor direction(3) the relevant business is so much of each business carried on by the person in respect of whose contravention the penalty is imposed as consists in—

(a)the provision(4) of public electronic communications networks(5) (if any),

(b)the provision of public electronic communications services(6) (if any), and

(c)the making available of facilities that are associated facilities(7) by reference to those networks or services (if any).

Amendment of the Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003

3.—(1) The Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003(8) is amended as follows.

(2) In article 2 (interpretation)—

(a)omit “and” at the end of the definition of “the Act”;

(b)omit the definition of “notified provider”.

(3) In article 3 (rules for calculation of turnover for the purposes of section 97) for “notified provider’s” substitute “person’s”.

(4) In the Schedule (rules for calculation of turnover for purposes of section 97)—

(a)in paragraph 1, for “The turnover of a notified provider” substitute “A person’s turnover”;

(b)in paragraph 2—

(i)for “The turnover of a notified provider” substitute “A person’s turnover”;

(ii)for “that provider” substitute “that person”;

(c)in paragraph 3, for “notified provider’s” substitute “person’s”;

(d)in the heading to paragraph 4, omit “to a notified provider”;

(e)in paragraph 4(1)—

(i)for “notified provider”, in both places it occurs, substitute “person”;

(ii)for “that provider’s” substitute “that person’s”;

(iii)for “that provider” substitute “that person”.