House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

117

House of Commons

Notices of Amendments

given on

Thursday 20 March 2014

For other Amendment(s) see the following page(s):

Deregulation Bill Committee 94-116

Public Bill Committee

Deregulation Bill

TV licensing: duty to review sanctions

Andrew Bridgen

Oliver Heald

NC19

To move the following Clause:—

‘(1)
The Secretary of State must carry out a review of the sanctions that are

appropriate in respect of contraventions of section 363 of the Communications

Act 2003 (licence required for installation or use of television recording).

(2)
A review under subsection (1) must—

(a)
examine proposals for decriminalisation of offences under section 363 of

the Communications Act 2003;

(b)
begin before the end of a period of three months from the day on which

this Act is passed;

(c)
be completed no later than 12 months after the day on which it begins;

and

(d)
be laid before both Houses of Parliament by the Secretary of State on

completion and be presented to the BBC Trust.’.

Member’s explanatory statement

The Clause provides for a review of the sanctions that may be imposed for non-payment of the

television licence fee, including proposals for decriminalisation.

TV licensing: alternatives to criminal sanctions

Andrew Bridgen

Oliver Heald

NC20

To move the following Clause:—

Notices of Amendments: 20 March 2014
118

Deregulation Bill, continued

‘(1)
The Secretary of State may by regulations made by statutory instrument—

(a)
replace the TV licensing offences with civil monetary penalties payable

to the BBC; or

(b)
amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so

as to enable an order to be made under section 36 of that Act conferring

power on the BBC to impose in relation to a TV licensing offence—

(i)
a fixed monetary penalty (within the meaning of that Part); and

(ii)
a variable monetary penalty (within the meaning of that Part).

(2)
Regulations under subsection (1)(a) may provide for the amount of a monetary

penalty to be a fixed amount specified in, or determined in accordance with, the

Regulations.

(3)
Regulations under subsection (1)(a) must—

(a)
make provision as to the steps that must be taken before a monetary

penalty is imposed; and

(b)
make provision conferring rights to appeal against the imposition of a

monetary penalty.

(4)
Regulations under subsection (1)(a) may make provision corresponding to any

provision that could be included in an order under Part 3 of the Regulatory

Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early

payment discounts, late payment and enforcement).

(5)
Regulations under subsection (1)(a) may—

(a)
confer powers to obtain information for the purpose of determining

whether to impose a monetary penalty; and

(b)
confer powers of entry, search or seizure for that purpose.

(6)
Regulations under subsection (1)(a) may repeal or otherwise amend any

provision of Part 4 of the Communications Act 2003.

(7)
Any sums received by the BBC by virtue of regulations under this section must

be paid into the Consolidated Fund.

(8)
Regulations under this section may include—

(a)
consequential provision; or

(b)
transitional, transitory or saving provision;


and any such provision may be made by repealing, revoking or otherwise

amending or modifying legislation.

(9)
Regulations under this section may make different provision for different

purposes or areas.

(10)
A statutory instrument containing regulations under this section may not be made

unless a draft has been laid before, and approved by resolution of, each House of

Parliament.

(11)
Unless the power conferred by subsection (1) is exercised before the end of the

period of 24 months beginning with the day on which the review required by

section (TV licensing: duty to review sanctions) is completed, this section expires

at the end of that period.

(12)
The TV licensing offences are—

(a)
the offence under section 363(2) of the Communications Act 2003

(installing or using a television receiver without a licence; and

(b)
the offence under section 363(3) of that Act (having a receiver in a

person’s possession intending to install or use it without a licence etc).

(13)
In this section—

“the BBC” means the British Broadcasting Corporation;

“legislation” means—

Notices of Amendments: 20 March 2014
119

Deregulation Bill, continued

(a)
an Act or subordinate legislation (within the meaning of the

Interpretation Act 1978);

(b)
an Act of the Scottish Parliament or an instrument made under an

Act of the Scottish Parliament;

(c)
a Measure or Act of the National Assembly for Wales or an

instrument made under a Measure or Act of that Assembly; and

(d)
Northern Ireland legislation or an instrument made under

Northern Ireland legislation.’.



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