F2C3Part I Independent Television Services

Annotations:
Amendments (Textual)
F2

Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1

Modifications etc. (not altering text)
C3

Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3Chapter 1 Regulation by Commission of Television Services Generally

Prohibition on providing unlicensed television services

C113 Prohibition on providing television services without a licence.

C21

Subject to subsection (2), any person who provides any F4relevant regulated television service without being authorised to do so by or under a licence under this Part F1or Part I of the Broadcasting Act 1996 shall be guilty of an offence.

F31A

In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.

2

The Secretary of State may, after consultation with F5OFCOM , by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

3

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

4

No proceedings in respect of an offence under this section shall be instituted—

a

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

5

Without prejudice to subsection (3), compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

6

Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.