122EWarning notices

1. An IPAP must issue a warning notice in relation to a rights owner to an account holder if—

2. the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred; and
3. the infringement occurred at least 28 days after the date of a detection notice issued to the account holder in relation to the same rights owner, but before that detection notice expires.

Example

A detection notice is issued on Monday, 1 March. It will expire with the close of Wednesday, 1 December. A warning notice can be issued on Monday, 29 March, and at any time up to and including Wednesday, 1 December.

4. A warning notice must be in the prescribed form (if a form is prescribed) and must—

5. identify the rights owner; and
6. identify the infringement that has triggered the issue of the warning notice; and
7. identify the date of that alleged infringement; and
8. identify the most recent detection notice issued to the account holder in relation to the rights owner (the preceding detection notice); and
9. identify any other alleged infringements by the account holder against that rights owner that have occurred since the date of the preceding detection notice; and
10. state the date of the warning notice; and
11. explain the consequences to the account holder if further infringing occurs; and
12. explain how the account holder may challenge the notice; and
13. comply with any other requirements that may be prescribed in regulations.

14. A warning notice expires 9 months after the date of the preceding detection notice, unless the notice expires earlier under section 122F(4).