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“restricted television service” means any restricted service within the | |
meaning given by section 42A of the 1990 Act for the purposes of Part | |
1 of that Act; | |
“S4C” and “S4C Digital” means the services so described in section 199(3); | |
“S4C company” means— | 5 |
(a) a body corporate which is controlled by the Welsh Authority; or | |
(b) a body corporate in which that Authority or a body corporate | |
controlled by that Authority is (to any extent) a participant; | |
“simulcast radio service” means any simulcast radio service within the | |
meaning given by section 41(2) of the 1996 Act for the purposes of Part | 10 |
2 of that Act; | |
“sound broadcasting service” has the same meaning as in Part 3 of the | |
1990 Act (see section 126 of that Act); | |
“standards objectives” has the meaning given by section 307(2); | |
“subtitling” means subtitling for the deaf or hard of hearing, whether | 15 |
provided by means of a teletext service or otherwise; | |
“television broadcasting service” means (subject to subsection (4)) a | |
service which— | |
(a) consists in a service of television programmes provided with a | |
view to its being broadcast (whether in digital or in analogue | 20 |
form); | |
(b) is provided so as to be available for reception by members of the | |
public; and | |
(c) is not— | |
(i) a restricted television service; | 25 |
(ii) a television multiplex service; | |
(iii) a service provided under the authority of a licence under | |
Part 1 of the 1990 Act to provide a television licensable | |
content service; or | |
(iv) a service provided under the authority of a licence under | 30 |
Part 1 of the 1996 Act to provide a digital television | |
programme service; | |
“television licensable content service” has the meaning given by section | |
226 of this Act; | |
“television multiplex service” has meaning given by section 235(1) of this | 35 |
Act to a multiplex service within the meaning of Part 1 of the 1996 Act; | |
“television programme service” means any of the following— | |
(a) a television broadcasting service; | |
(b) a television licensable content service; | |
(c) a digital television programme service; | 40 |
(d) a restricted television service; | |
“the Television without Frontiers Directive” means Council Directive 89/ | |
552/EEC on the Co-ordination of certain provisions laid down by law, | |
regulation or administrative action in member States concerning the | |
pursuit of television broadcasting activities, together with any | 45 |
modifications of that Directive by Directive 97/36/EC of the European | |
Parliament and the Council; | |
“text service” means any teletext service or other service in the case of | |
which the visual images broadcast or distributed by means of the | |
service consist wholly or mainly of non-representational images. | 50 |
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(2) In the case of any of the following services— | |
(a) a television broadcasting service or sound broadcasting service, | |
(b) the public teletext service; | |
(c) a television licensable content service or radio licensable content | |
service, | 5 |
(d) a digital television programme service or digital sound programme | |
service, | |
(e) a restricted television service, or | |
(f) an additional television service or additional radio service, | |
the person, and the only person, who is to be treated for the purposes of this | 10 |
Part as providing the service is the person with general control over which | |
programmes and other services are comprised in the service (whether or not he | |
has control of the content of individual programmes or of the broadcasting or | |
distribution of the service). | |
(3) For the purposes of this Part— | 15 |
(a) the provision of a service by the BBC does not include its provision by | |
a BBC company; | |
(b) the provision of a service by C4C does not include its provision by a C4 | |
company; | |
(c) the provision of a service by the Welsh Authority does not include its | 20 |
provision by an S4C company; | |
and, accordingly, control that is or is capable of being exercised by the BBC, | |
C4C or the Welsh Authority over decisions by a BBC company, C4 company or | |
S4C company about what is to be comprised in a service shall be disregarded | |
for the purposes of subsection (2). | 25 |
(4) References in this Part to a television broadcasting service do not include | |
references to any text service. | |
(5) References in this Part to imposing a charge on a person in respect of his | |
reception of a service in, or in a part of, the United Kingdom include references | |
to imposing charges— | 30 |
(a) for his use of the service at a place in the United Kingdom or in that part | |
of it; | |
(b) for an entitlement of his to receive it at such place; | |
(c) for the use of a facility by means of which he exercises such an | |
entitlement; or | 35 |
(d) for the service’s being made available for reception by him at such a | |
place. | |
(6) In subsection (1) “controlled” and “participant” each has the same meaning as | |
in Schedule 2 to the 1990 Act. | |
(7) In this section “non-representational images” means visual images which are | 40 |
neither still pictures nor comprised within sequences of visual images capable | |
of being seen as moving pictures. | |
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Part 4 | |
Licensing of TV reception | |
349 Licence required for use of TV receiver | |
(1) A television receiver must not be installed or used unless the installation and | |
use of the receiver is authorised by a licence under this Part. | 5 |
(2) A person who installs or uses a television receiver in contravention of | |
subsection (1) is guilty of an offence. | |
(3) A person with a television receiver in his possession or under his control | |
who— | |
(a) intends to install or use it in contravention of subsection (1), or | 10 |
(b) knows, or has reasonable grounds for believing, that another person | |
intends to install or use it in contravention of that subsection, | |
is guilty of an offence. | |
(4) A person guilty of an offence under this section shall be liable, on summary | |
conviction, to a fine not exceeding level 3 on the standard scale. | 15 |
(5) Subsection (1) is not contravened by anything done in the course of the | |
business of a dealer in television receivers solely for one or more of the | |
following purposes— | |
(a) installing a television receiver on delivery; | |
(b) demonstrating, testing or repairing a television receiver. | 20 |
(6) The Secretary of State may by regulations exempt from the requirement of a | |
licence under subsection (1) the installation or use of television receivers— | |
(a) of such descriptions, | |
(b) by such persons, | |
(c) in such circumstances, and | 25 |
(d) for such purposes, | |
as may be provided for in the regulations. | |
(7) Regulations under subsection (6) may make any exemption for which such | |
regulations provide subject to compliance with such conditions as may be | |
specified in the regulations. | 30 |
350 TV licences | |
(1) A licence for the purposes of section 349 (“a TV licence”)— | |
(a) may be issued by the BBC subject to such restrictions and conditions as | |
the BBC think fit; and | |
(b) must be issued subject to such restrictions and conditions as the | 35 |
Secretary of State may require by a direction to the BBC. | |
(2) The matters to which the restrictions and conditions subject to which a TV | |
licence may be issued may relate include, in particular— | |
(a) the description of television receivers that may be installed and used | |
under the licence; | 40 |
(b) the persons authorised by the licence to install and use a television | |
receiver; | |
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(c) the places where the installation and use of the television receiver is | |
authorised by the licence; | |
(d) the circumstances in which the installation and use of such a receiver is | |
so authorised; | |
(e) the purposes for which the installation and use of such a receiver is so | 5 |
authorised; | |
(f) the use of such receiver in a manner that causes, or may cause, | |
interference (within the meaning of the Wireless Telegraphy Act 1949 | |
(c. 54)) with wireless telegraphy. | |
(3) The restrictions and conditions subject to which a TV licence may be issued do | 10 |
not include— | |
(a) a provision conferring a power of entry to any premises; or | |
(b) a provision prohibited by a direction to the BBC by the Secretary of | |
State. | |
(4) A TV licence shall continue in force, unless previously revoked by the BBC, for | 15 |
such period as may be specified in the licence. | |
(5) The BBC may revoke or modify a TV licence, or the restrictions or conditions | |
of such a licence— | |
(a) by a notice to the holder of the licence; or | |
(b) by a general notice published in such manner as may be specified in the | 20 |
licence. | |
(6) It shall be the duty of the BBC to exercise their power under subsection (5) to | |
revoke or modify a TV licence, or any of its restrictions or conditions, if they | |
are directed to do so by the Secretary of State. | |
(7) A direction by the Secretary of State under this section may be given either | 25 |
generally in relation to all TV licences (or all TV licences of a particular | |
description) or in relation to a particular licence. | |
(8) A notice under subsection (5)(a) must be given— | |
(a) in the manner specified in the licence; or | |
(b) if no manner of service is so specified, in the manner authorised by | 30 |
section 380. | |
(9) For the purposes of the application, in relation to the giving of such a notice, | |
of— | |
(a) section 380; and | |
(b) section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its | 35 |
application for the purposes of that section, | |
a person’s proper address is any address where he is authorised by a TV | |
licence to install or use a TV receiver or, if there is no such address, his last | |
known address. | |
351 TV licence fees | 40 |
(1) A person to whom a TV licence is issued shall be liable to pay— | |
(a) on the issue of the licence (whether initially or by way of renewal), and | |
(b) in such other circumstances as regulations made by the Secretary of State may | |
provide, | |
such sum (if any) as may be provided for by any such regulations. | 45 |
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(2) Sums which a person is liable to pay by virtue of regulations under subsection | |
(1) must be paid to the BBC and are to be recoverable by them accordingly. | |
(3) The BBC are entitled, in such cases as they may determine, to make refunds of | |
sums received by them by virtue of regulations under this section. | |
(4) Regulations under this section may include provision— | 5 |
(a) for the means by which an entitlement to a concession must be | |
established; and | |
(b) for the payment of sums by means of an instalment scheme set out in | |
the regulations. | |
(5) The reference to a concession in subsection (4) is a reference to any concession | 10 |
under which a person is, on the satisfaction of specified requirements— | |
(a) exempted from the liability to pay a sum in respect of a TV licence; or | |
(b) required to pay only a reduced sum in respect of such a licence. | |
(6) The consent of the Treasury shall be required for the making of any regulations | |
under this section by the Secretary of State. | 15 |
(7) Subject to subsection (8), sums received by the BBC by virtue of any regulations under | |
this section must be paid into the Consolidated Fund. | |
(8) The BBC may retain, out of the sums received by them by virtue of regulations | |
under this section, any sums they require for making refunds of sums so | |
received. | 20 |
352 Powers to enforce TV licensing | |
(1) If a justice of the peace, a sheriff in Scotland or a lay magistrate in Northern | |
Ireland is satisfied by information on oath that there are reasonable grounds | |
for believing— | |
(a) that an offence under section 349 has been or is being committed, | 25 |
(b) that evidence of the commission of the offence is likely to be on | |
premises specified in the information, or in a vehicle so specified, and | |
(c) that one or more of the conditions set out in subsection (3) is satisfied, | |
he may grant a warrant under this section. | |
(2) A warrant under this section is a warrant authorising any one or more persons | 30 |
authorised for the purpose by the BBC or by OFCOM— | |
(a) to enter the premises or vehicle at any time (either alone or in the | |
company of one or more constables); and | |
(b) to search the premises or vehicle and examine and test any television | |
receiver found there. | 35 |
(3) Those conditions are— | |
(a) that there is no person entitled to grant entry to the premises or vehicle | |
with whom it is practicable to communicate; | |
(b) that there is no person entitled to grant access to the evidence with | |
whom it is practicable to communicate; | 40 |
(c) that entry to the premises or vehicle will not be granted unless a | |
warrant is produced; | |
(d) that the purpose of the search may be frustrated or seriously prejudiced | |
unless the search is carried out by a person who secures entry | |
immediately upon arriving at the premises or vehicle. | 45 |
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(4) A person is not to enter premises or a vehicle in pursuance of a warrant under | |
this section at any time more than one month after the day on which the | |
warrant was granted. | |
(5) The powers conferred by a warrant under this section on a person authorised | |
by OFCOM are exercisable in relation only to a contravention or suspected | 5 |
contravention of a condition of a TV licence relating to interference with | |
wireless telegraphy. | |
(6) A person authorised by the BBC, or by OFCOM, to exercise a power conferred | |
by a warrant under this section may (if necessary) use such force as may be | |
reasonable in the exercise of that power. | 10 |
(7) Where a person has the power by virtue of a warrant under this section to | |
examine or test any television receiver found on any premises, or in any | |
vehicle, it shall be the duty— | |
(a) of a person who is on the premises or in the vehicle, and | |
(b) in the case of a vehicle, of a person who has charge of it or is present | 15 |
when it is searched, | |
to give the person carrying out the examination or test all such assistance as | |
that person may reasonably require for carrying it out. | |
(8) A person is guilty of an offence if he— | |
(a) intentionally obstructs a person in the exercise of any power conferred | 20 |
on that person by virtue of a warrant under this section; or | |
(b) without reasonable excuse, fails to give any assistance that he is under | |
a duty to give by virtue of subsection (7). | |
(9) A person guilty of an offence under subsection (8) shall be liable, on summary | |
conviction, to a fine not exceeding level 5 on the standard scale. | 25 |
(10) In this section— | |
“interference”, in relation to wireless telegraphy, has the same meaning as | |
in the Wireless Telegraphy Act 1949 (c. 54); and | |
“vehicle” includes vessel, aircraft or hovercraft. | |
(11) In the application of this section to Scotland, the reference in subsection (1) to | 30 |
information on oath shall have effect as a reference to evidence on oath. | |
(12) In the application of this section to Northern Ireland, the reference in | |
subsection (1) to a lay magistrate shall have effect, in relation to times before | |
the coming into force of sections 9 and 10 of the Justice (Northern Ireland) Act | |
2002 (c. 26), as a reference to a justice of the peace. | 35 |
353 Interpretation of provisions about dealer notification | |
(1) Section 6 of the Wireless Telegraphy Act 1967 (interpretation of provisions | |
requiring notification of sale and hire of television sets) shall be amended as | |
follows. | |
(2) In subsection (1), for the definitions of “television dealer”, “television | 40 |
programme” and “television set” there shall be substituted— | |
“‘television dealer’ means a person of any description specified in | |
regulations made by the Secretary of State setting out the | |
descriptions of persons who are to be television dealers for the | |
purposes of this Part; | 45 |
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‘television set’ means any apparatus of a description specified in | |
regulations made by the Secretary of State setting out the | |
descriptions of apparatus that are to be television sets for the | |
purposes of this Part.” | |
(3) After that subsection there shall be inserted— | 5 |
“(1A) Regulations under subsection (1) defining a television set may provide | |
for references to such a set to include references to software used in | |
association with apparatus.” | |
354 Meanings of “television receiver” and “use” | |
(1) In this Part “television receiver” means any apparatus of a description specified | 10 |
in regulations made by the Secretary of State setting out the descriptions of | |
apparatus that are to be television receivers for the purposes of this Part. | |
(2) Regulations under this section defining a television receiver may provide for | |
references to such a receiver to include references to software used in | |
association with apparatus. | 15 |
(3) References in this Part to using a television receiver are references to using it | |
for receiving television programmes. | |
(4) The power to make regulations under this section defining a television receiver | |
includes power to modify subsection (3). | |
Part 5 | 20 |
Competition in communications markets | |
Chapter 1 | |
Functions of OFCOM under competition legislation | |
355 Matters in relation to which OFCOM have competition functions | |
(1) In this Chapter references to communications matters are references to any one | 25 |
or more of the following— | |
(a) the provision of electronic communications networks; | |
(b) the provision of electronic communications services; | |
(c) the provision or making available of services or facilities which are | |
provided or made available— | 30 |
(i) by means of, or in association with the provision (by the same | |
person or another) of, an electronic communications network or | |
electronic communications service; or | |
(ii) for the purpose of facilitating the use of any such network or | |
service (whether provided by the same person or another); | 35 |
(d) apparatus used for providing or making available anything mentioned | |
in the preceding paragraphs; | |
(e) broadcasting and related matters. | |
(2) The Secretary of State may by order make such amendments of subsection (1) | |
as he may consider appropriate for the purpose of modifying the description | 40 |
of activities in respect of which any of the provisions of this Part— | |
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