Order to take down electronic material in breach of section 41

(1) This section applies if, in respect of any electronic material, a person is convicted of—

(a) an offence under section 48(1), or
(b) an illegal practice by virtue of Schedule 11.

(2) The court by or before which the person is convicted of the offence or illegal practicemay order a person by whom the electronic material is published to take the actionspecified in the order to remove the material, or to disable access to it, before the endof the period specified in the order.
(3) Where an order is made under subsection (2), the person to whom it applies has thesame right of appeal against it as if—

(a) the person had committed the offence under section 48(1) or (as the case maybe) the illegal practice, and
(b) the order were a sentence passed on the person for the offence or illegalpractice.

(4) A person to whom an order under subsection (2) applies commits an offence if, withoutreasonable excuse, the person fails to comply with the order.
(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine notexceeding level 5 on the standard scale.

(6) The court by or before which a person is convicted of an offence under subsection (4)must notify the Commission of the person’s conviction and the sentence imposed onthe conviction as soon as is practicable.