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| For other Amendment(s) see the following page(s):
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| Deregulation Bill Committee 94-116 |
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| | TV licensing: duty to review sanctions |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must carry out a review of the sanctions that are |
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| | appropriate in respect of contraventions of section 363 of the Communications |
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| | Act 2003 (licence required for installation or use of television recording). |
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| | (2) | A review under subsection (1) must— |
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| | (a) | examine proposals for decriminalisation of offences under section 363 of |
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| | the Communications Act 2003; |
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| | (b) | begin before the end of a period of three months from the day on which |
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| | (c) | be completed no later than 12 months after the day on which it begins; |
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| | (d) | be laid before both Houses of Parliament by the Secretary of State on |
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| | completion and be presented to the BBC Trust.’. |
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| | Member’s explanatory statement
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| | The Clause provides for a review of the sanctions that may be imposed for non-payment of the |
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| | television licence fee, including proposals for decriminalisation. |
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| | TV licensing: alternatives to criminal sanctions |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by regulations made by statutory instrument— |
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| | (a) | replace the TV licensing offences with civil monetary penalties payable |
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| | (b) | amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so |
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| | as to enable an order to be made under section 36 of that Act conferring |
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| | power on the BBC to impose in relation to a TV licensing offence— |
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| | (i) | a fixed monetary penalty (within the meaning of that Part); and |
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| | (ii) | a variable monetary penalty (within the meaning of that Part). |
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| | (2) | Regulations under subsection (1)(a) may provide for the amount of a monetary |
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| | penalty to be a fixed amount specified in, or determined in accordance with, the |
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| | (3) | Regulations under subsection (1)(a) must— |
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| | (a) | make provision as to the steps that must be taken before a monetary |
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| | (b) | make provision conferring rights to appeal against the imposition of a |
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| | (4) | Regulations under subsection (1)(a) may make provision corresponding to any |
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| | provision that could be included in an order under Part 3 of the Regulatory |
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| | Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early |
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| | payment discounts, late payment and enforcement). |
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| | (5) | Regulations under subsection (1)(a) may— |
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| | (a) | confer powers to obtain information for the purpose of determining |
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| | whether to impose a monetary penalty; and |
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| | (b) | confer powers of entry, search or seizure for that purpose. |
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| | (6) | Regulations under subsection (1)(a) may repeal or otherwise amend any |
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| | provision of Part 4 of the Communications Act 2003. |
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| | (7) | Any sums received by the BBC by virtue of regulations under this section must |
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| | be paid into the Consolidated Fund. |
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| | (8) | Regulations under this section may include— |
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| | (a) | consequential provision; or |
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| | (b) | transitional, transitory or saving provision; |
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| | | and any such provision may be made by repealing, revoking or otherwise |
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| | amending or modifying legislation. |
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| | (9) | Regulations under this section may make different provision for different |
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| | (10) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft has been laid before, and approved by resolution of, each House of |
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| | (11) | Unless the power conferred by subsection (1) is exercised before the end of the |
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| | period of 24 months beginning with the day on which the review required by |
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| | section (TV licensing: duty to review sanctions) is completed, this section expires |
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| | at the end of that period. |
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| | (12) | The TV licensing offences are— |
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| | (a) | the offence under section 363(2) of the Communications Act 2003 |
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| | (installing or using a television receiver without a licence; and |
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| | (b) | the offence under section 363(3) of that Act (having a receiver in a |
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| | person’s possession intending to install or use it without a licence etc). |
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| | “the BBC” means the British Broadcasting Corporation; |
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