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(a) £500,000; and | |
(b) 7 per cent. of the amount which OFCOM estimate would | |
have been the qualifying revenue for the first complete | |
accounting period of the licence holder falling within the | |
period for which the licence would have been in force. | 5 |
(3C) In any other case, the maximum penalty is whichever is the greater | |
of— | |
(a) £500,000; and | |
(b) 7 per cent. of the qualifying revenue for the last complete | |
accounting period of the licence holder falling within the | 10 |
period for which the licence is in force. | |
(3D) Section 19(2) to (6) applies for estimating or determining qualifying | |
revenue for the purposes of subsection (3B) or (3C) above.” | |
(3) This paragraph applies only in a case of a revocation in relation to which— | |
(a) the notice required by section 18(2) of the 1990 Act, or | 15 |
(b) the notice revoking the licence, | |
is served after the commencement of this paragraph. | |
Licences for Channel 3 services and for Channels 4 and 5 | |
3 (1) For subsection (2) of section 41 (penalties for failure by holder of licence for | |
Channel 3 services, Channel 4 or Channel 5 to comply with licence | 20 |
conditions or directions) there shall be substituted— | |
“(1A) The amount of a financial penalty imposed on a person in pursuance | |
of subsection (1)(a) shall not exceed 5 per cent. of the qualifying | |
revenue for the licence holder’s last complete accounting period | |
falling within the period for which his licence has been in force (‘the | 25 |
relevant period’). | |
(1B) In relation to a person whose first complete accounting period falling | |
within the relevant period has not ended when the penalty is | |
imposed, subsection (1A) is to be construed as referring to 5 per cent. | |
of the amount which OFCOM estimate to be the qualifying revenue | 30 |
for that accounting period. | |
(1C) Section 19(2) to (6) applies for determining or estimating qualifying | |
revenue for the purposes of subsection (1A) or (1B) above.” | |
(2) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | 35 |
paragraph. | |
Restricted services licences | |
4 (1) In subsection (2) of section 42B (application of sections 40 to 42 to licensing | |
of restricted services), for “subsections (3) and (4)” there shall be substituted | |
“subsections (3) to (3C)”. | 40 |
(2) In subsection (3) of that section— | |
(a) for “subsection (2)” there shall be substituted “subsections (1A) to | |
(1C)”; and | |
| |
| |
|
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| |
(b) for the words from “shall not exceed whichever is the greater” | |
onwards there shall be substituted “is the maximum penalty given | |
by subsection (3A).” | |
(3) For subsection (4) of that section (penalties for failure to comply with | |
conditions or directions) there shall be substituted— | 5 |
“(3A) The maximum penalty is whichever is the greater of— | |
(a) £250,000; and | |
(b) 5 per cent. of the qualifying revenue for the licence holder’s | |
last complete accounting period falling within the period for | |
which his licence has been in force (‘the relevant period’). | 10 |
(3B) In relation to a person whose first complete accounting period falling | |
within the relevant period has not ended when the penalty is | |
imposed, subsection (3A)(b) is to be construed as referring to 5 per | |
cent. of the amount which OFCOM estimate to be the qualifying | |
revenue for that accounting period. | 15 |
(3C) Section 19(2) to (6) applies for determining or estimating qualifying | |
revenue for the purposes of subsection (3A) or (3B) above.” | |
(4) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | 20 |
Additional television services licences | |
5 (1) For subsection (2) of section 55 (penalties for failure by holder of licence for | |
additional television service to comply with licence conditions or directions) | |
there shall be substituted— | |
“(1A) The amount of a financial penalty imposed on a person in pursuance | 25 |
of subsection (1) shall not exceed 5 per cent. of the qualifying revenue | |
for the licence holder’s last complete accounting period falling | |
within the period for which his licence has been in force (‘the | |
relevant period’). | |
(1B) In relation to a person whose first complete accounting period falling | 30 |
within the relevant period has not ended when the penalty is | |
imposed, subsection (1A) is to be construed as referring to 5 per cent. | |
of the amount which OFCOM estimate to be the qualifying revenue | |
for that accounting period. | |
(1C) Section 52(2) applies for determining or estimating qualifying | 35 |
revenue for the purposes of subsection (1A) or (1B) above.” | |
(2) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | |
Revocation of national sound broadcasting licence | 40 |
6 (1) In subsection (3) of section 101 (penalty on revocation of national sound | |
broadcasting licence), for “a financial penalty of the prescribed amount” | |
there shall be substituted “a specified financial penalty”. | |
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|
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(2) For subsection (4) of that section (amount of penalty) there shall be | |
substituted— | |
“(3A) The maximum amount which a person may be required to pay by | |
way of a penalty under subsection (3) is the maximum penalty given | |
by subsections (3B) and (3C). | 5 |
(3B) In a case where the licence is revoked under this section or the | |
penalty is imposed before the end of the first complete accounting | |
period of the licence holder to fall within the period for which the | |
licence is in force, the maximum penalty is whichever is the greater | |
of— | 10 |
(a) £250,000; and | |
(b) 7 per cent. of the amount which OFCOM estimate would | |
have been the qualifying revenue for the first complete | |
accounting period of the licence holder falling within the | |
period for which the licence would have been in force. | 15 |
(3C) In any other case, the maximum penalty is whichever is the greater | |
of— | |
(a) £250,000; and | |
(b) 7 per cent. of the qualifying revenue for the last complete | |
accounting period of the licence holder falling within the | 20 |
period for which the licence is in force. | |
(3D) Section 102(2) to (6) applies for estimating or determining qualifying | |
revenue for the purposes of subsection (3B) or (3C) above.” | |
(3) This paragraph applies only in a case of a revocation in relation to which— | |
(a) the notice required by section 101(2) of the 1990 Act, or | 25 |
(b) the notice revoking the licence, | |
is served after the commencement of this paragraph. | |
Licences for analogue sound services | |
7 (1) For subsection (2) of section 110 (penalties for failure by holder of national | |
sound broadcasting licence to comply with licence conditions or directions) | 30 |
there shall be substituted— | |
“(1A) The maximum amount which the holder of a national licence may be | |
required to pay by way of a financial penalty imposed in pursuance | |
of subsection (1)(a) is the maximum penalty given by subsection (1B). | |
(1B) The maximum penalty is whichever is the greater of— | 35 |
(a) £250,000; and | |
(b) 5 per cent. of the qualifying revenue for his last complete | |
accounting period falling within the period for which his | |
licence has been in force (‘the relevant period’). | |
(1C) In relation to a person whose first complete accounting period falling | 40 |
within the relevant period has not ended when the penalty is | |
imposed, subsection (1B)(b) is to be construed as referring to 5 per | |
cent. of the amount which OFCOM estimate to be the qualifying | |
revenue for that accounting period. | |
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|
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(1D) Section 102(2) to (6) applies for determining or estimating qualifying | |
revenue for the purposes of subsection (1B) or (1C) above.” | |
(2) In subsection (3) of that section (maximum penalty for failure by holder of a | |
sound broadcasting licence that is not a national licence to comply with | |
licence conditions or directions), for “£50,000” there shall be substituted | 5 |
“£250,000”. | |
(3) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | |
Additional radio services licences | 10 |
8 (1) For subsection (2) of section 120 (penalties for failure by holder of additional | |
radio services licence to comply with licence conditions or directions) there | |
shall be substituted— | |
“(1A) The amount of a financial penalty imposed on a person in pursuance | |
of subsection (1) shall not exceed 5 per cent. of the qualifying revenue | 15 |
for the licence holder’s last complete accounting period falling | |
within the period for which his licence has been in force (‘the | |
relevant period’). | |
(1B) In relation to a person whose first complete accounting period falling | |
within the relevant period has not ended when the penalty is | 20 |
imposed, subsection (1A) is to be construed as referring to 5 per cent. | |
of the amount which OFCOM estimate to be the qualifying revenue | |
for that accounting period. | |
(1C) Section 118(2) applies for determining or estimating qualifying | |
revenue for the purposes of subsection (1A) or (1B) above.” | 25 |
(2) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | |
Power to amend penalties under the 1990 Act | |
9 (1) The Secretary of State may by order amend any of the provisions of the 1990 | 30 |
Act specified in sub-paragraph (2) by substituting a different sum for the | |
sum for the time being specified in that provision. | |
(2) Those provisions are— | |
(a) section 18(3B)(a) and (3C)(a); | |
(b) section 42B(3A)(a); | 35 |
(c) section 101(3B)(a) and (3C)(a); | |
(d) section 110(1B)(a) and (3). | |
(3) No order is to be made under this paragraph unless a draft of the order has | |
been laid before Parliament and approved by a resolution of each House. | |
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Part 2 | |
Broadcasting Act 1996 | |
Preliminary | |
10 The 1996 Act shall be amended as follows. | |
Revocation of television multiplex licences | 5 |
11 (1) In subsection (5) of section 11 (penalty on revocation of television multiplex | |
licence), the words from “not exceeding” onwards shall be omitted. | |
(2) For subsection (6) of that section (amount of penalty) there shall be | |
substituted— | |
“(5A) The maximum amount which a person may be required to pay by | 10 |
way of a penalty under subsection (5) is the maximum penalty given | |
by subsections (5B) and (5C). | |
(5B) In a case where the licence is revoked under this section or the | |
penalty is imposed before the end of the first complete accounting | |
period of the licence holder to fall within the period for which the | 15 |
licence is in force, the maximum penalty is whichever is the greater | |
of— | |
(a) £500,000; and | |
(b) 7 per cent. of the amount which OFCOM estimate would | |
have been the multiplex revenue for the first complete | 20 |
accounting period of the licence holder falling within the | |
period for which the licence would have been in force. | |
(5C) In any other case, the maximum penalty is whichever is the greater | |
of— | |
(a) £500,000; and | 25 |
(b) 7 per cent. of the multiplex revenue for the last complete | |
accounting period of the licence holder falling within the | |
period for which the licence is in force. | |
(5D) Section 14 applies for estimating or determining multiplex revenue | |
for the purposes of subsection (5B) or (5C) above.” | 30 |
(3) This paragraph applies only in a case of a revocation in relation to which— | |
(a) the notice required by section 11(2) of the 1996 Act, or | |
(b) the notice revoking the licence, | |
is served after the commencement of this paragraph. | |
Attribution of television multiplex revenue | 35 |
12 (1) In subsection (1) of section 15 (attribution of multiplex revenue for the | |
purposes of section 17(3)), for “17(3)” there shall be substituted “17(2A) and | |
(2B)”. | |
(2) In subsection (2) of that section (attribution for the purposes of sections 23(3) | |
and 27(3)), for “section 23(3) or section 27(3)” there shall be substituted | 40 |
“sections 23(2A) to (5) and 27(2A) to (5)”. | |
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(3) This paragraph has effect in relation only to cases in which section 17, 23 or | |
27 applies as amended by this Schedule. | |
Multiplex licences | |
13 (1) In subsection (2) of section 17 (penalty for failure by holder of television | |
multiplex licence to comply with licence conditions or directions), for the | 5 |
words from “whichever is the greater” onwards there shall be substituted | |
“the maximum penalty given by subsection (2A).” | |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | 10 |
(a) £250,000; and | |
(b) 5 per cent. of the share of multiplex revenue attributable to | |
the licence holder for his last complete accounting period | |
falling within the period for which his licence has been in | |
force (‘the relevant period’). | 15 |
(2B) In relation to a person whose first complete accounting period falling | |
within the relevant period has not ended when the penalty is | |
imposed, subsection (2A)(b) is to be construed as referring to 5 per | |
cent. of the amount which OFCOM estimate to be the share of | |
multiplex revenue attributable to him for that accounting period. | 20 |
(2C) Section 15(1) and (3) applies for determining or estimating the share | |
of multiplex revenue attributable to a person for the purposes of | |
subsection (2A) or (2B) above.” | |
(3) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | 25 |
paragraph. | |
Digital television programme licences | |
14 (1) In subsection (2) of section 23 (penalty for failure by holder of digital | |
television programme licence to comply with licence conditions or | |
directions), for the words from “whichever is the greater” onwards there | 30 |
shall be substituted “the maximum penalty given by subsection (2A).” | |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | |
(a) £250,000; and | 35 |
(b) 5 per cent. of the aggregate amount of the shares of multiplex | |
revenue attributable to him in relation to multiplex services | |
in respect of relevant accounting periods.” | |
(3) In subsection (4) of that section (meaning of “relevant accounting period”), | |
for “subsection (3)(a)” there shall be substituted “subsection (2A)”. | 40 |
(4) In subsection (5) of that section, for “not yet ended, then for the purposes of | |
subsection (3)” there shall be substituted “not ended when the penalty is | |
imposed, then for the purposes of this section”. | |
(5) Before subsection (6) of that section there shall be inserted— | |
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