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.’.

 


 
contents
 

© Parliamentary copyright
Revised 21 March 2014