“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—
(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
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
provided by means of a teletext service or otherwise;
“television broadcasting service” means (subject to subsection (4)) a
(a) consists in a service of television programmes provided with a
view to its being broadcast (whether in digital or in analogue
(b) is provided so as to be available for reception by members of the
(c) is not—
(i) a restricted television service;
(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
Part 1 of the 1996 Act to provide a digital television
“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
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;
(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
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.
(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
(d) a digital television programme service or digital sound programme
(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
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—
(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
(c) the provision of a service by the Welsh Authority does not include its
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).
(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—
(a) for his use of the service at a place in the United Kingdom or in that part
(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
(d) for the service’s being made available for reception by him at such a
(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
neither still pictures nor comprised within sequences of visual images capable
of being seen as moving pictures.
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.
(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
(a) intends to install or use it in contravention of subsection (1), or
(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.
(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
(a) installing a television receiver on delivery;
(b) demonstrating, testing or repairing a television receiver.
(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
(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.
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
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;
(b) the persons authorised by the licence to install and use a television
(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
(e) the purposes for which the installation and use of such a receiver is so
(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
(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
(4) A TV licence shall continue in force, unless previously revoked by the BBC, for
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
(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
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
(9) For the purposes of the application, in relation to the giving of such a notice,
(a) section 380; and
(b) section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its
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
351 TV licence fees
(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
such sum (if any) as may be provided for by any such regulations.
(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—
(a) for the means by which an entitlement to a concession must be
(b) for the payment of sums by means of an instalment scheme set out in
(5) The reference to a concession in subsection (4) is a reference to any concession
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.
(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
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
(a) that an offence under section 349 has been or is being committed,
(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
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.
(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;
(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.
(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
contravention of a condition of a TV licence relating to interference with
(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.
(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
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
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.
(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
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.
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
(2) In subsection (1), for the definitions of “television dealer”, “television
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;
‘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—
“(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
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.
(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).
Competition in communications markets
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
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—
(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);
(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
of activities in respect of which any of the provisions of this Part—