F131[45.(1) A person shall not impose, or purport to impose, a charge for supplying an electronic communications service or electronic communications product to an end-user that exceeds the amount for that service or product specified—

(a) in the undertaking’s published tariff of charges, or

(b) in a written statement previously made or given to the end-user by the undertaking in relation to that supply.

(2) A person shall not impose, or purport to impose, a charge for an electronic communications service or electronic communications product that was—

(a) supplied to an end-user but not requested by him or her,

(b) requested by an end-user but not supplied to him or her, or

(c) neither supplied to, nor requested by, a person.

(3) A person that contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine.

(4) In carrying out an investigation to ascertain whether a person may be contravening or may have contravened subsection (1) or (2), the Commission may conduct an audit of the undertaking’s billing system.

(5) In this section, "tariff of charges", in relation to a person, includes any list setting out the prices charged by the undertaking for providing electronic communications services or electronic communications products to end-users.]