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Part 4 | |
Licensing of TV reception | |
353 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 |
354 TV licences | |
(1) A licence for the purposes of section 353 (“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 384. | |
(9) For the purposes of the application, in relation to the giving of such a notice, | |
of— | |
(a) section 384; 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. | |
355 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 |
356 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 353 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 |
357 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.” | |
358 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 | |
359 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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(a) confer functions on OFCOM under Part 1 of the Competition Act 1998 | |
(c. 41) or relate to the carrying out by OFCOM of those functions; or | |
(b) confer functions on OFCOM under Part 4 of the Enterprise Act 2002 (c. | |
40) or relate to the carrying out by OFCOM of those functions. | |
(3) No order is to be made containing provision authorised by this section unless | 5 |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
360 OFCOM’s functions under Part 4 of the Enterprise Act 2002 | |
(1) The functions to which subsection (2) applies shall be concurrent functions of | |
OFCOM and the Office of Fair Trading. | 10 |
(2) This subsection applies to the functions of the Office of Fair Trading under Part | |
4 of the Enterprise Act 2002 (market investigations) (other than sections 166 | |
and 171) so far as relating to commercial activities connected with | |
communications matters. | |
(3) So far as necessary for the purposes of, or in connection with, subsections (1) | 15 |
and (2), references in Part 4 of the Enterprise Act 2002 to the Office of Fair | |
Trading (including references in provisions of that Act applied by that Part) | |
shall be construed as including references to OFCOM except— | |
(a) in sections 166 and 171; and | |
(b) where the context otherwise requires. | 20 |
(4) In subsection (2) the reference to activities connected with communications | |
matters, so far as it is a reference to activities connected with any apparatus | |
falling within paragraph (d) of section 359(1), includes a reference to— | |
(a) the supply and export of any such apparatus; and | |
(b) the production or acquisition of any such apparatus for supply or | 25 |
export. | |
(5) Before the Office of Fair Trading or OFCOM first exercises in relation to any | |
matter functions which are exercisable concurrently by virtue of this section, | |
that person shall consult the other. | |
(6) Neither the Office of Fair Trading nor OFCOM shall exercise in relation to any | 30 |
matter functions which are exercisable concurrently by virtue of this section if | |
functions which are so exercisable have been exercised in relation to that | |
matter by the other. | |
(7) It shall be the duty of OFCOM, for the purpose of assisting the Competition | |
Commission in carrying out an investigation on a reference made to them by | 35 |
OFCOM by virtue of subsection (1), to give to the Commission— | |
(a) any information which is in OFCOM’s possession and relates to | |
matters falling within the scope of the investigation and— | |
(i) is requested by the Commission for that purpose, or | |
(ii) is information which, in OFCOM’s opinion, it would be | 40 |
appropriate for that purpose to give to the Commission without | |
any such request; | |
and | |
(b) any other assistance which the Commission may require, and which it | |
is within OFCOM’s power to give, in relation to any such matters, | 45 |
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and the Commission, for the purposes of carrying out any such investigation, | |
shall take into account any information given to it for that purpose under this | |
subsection. | |
(8) If any question arises as to whether, by virtue of this section, any functions fall | |
to be, or are capable of being, carried out by OFCOM in relation to any | 5 |
particular case, that question shall be referred to and determined by the | |
Secretary of State. | |
(9) No objection shall be taken to anything done under Part 4 of the Enterprise Act | |
2002 (c. 40) by or in relation to OFCOM on the ground that it should have been | |
done by or in relation to the Office of Fair Trading. | 10 |
(10) Section 117 of the Enterprise Act 2002 (offences of supplying false or | |
misleading information) as applied by section 180 of that Act shall have effect | |
so far as relating to functions exercisable by OFCOM by virtue of this section | |
as if the references in section 117(1)(a) and (2) to the Office of Fair Trading | |
included references to OFCOM. | 15 |
(11) Subject to subsection (12), section 3 does not apply in relation to anything done | |
by OFCOM in the carrying out of their functions by virtue of this section. | |
(12) In the carrying out of any functions by virtue of this section OFCOM may | |
nevertheless have regard to any of the matters in respect of which a duty is | |
imposed by section 3(1) or (3) if it is a matter to which the Office of Fair Trading | 20 |
is entitled to have regard in the carrying out of those functions. | |
361 OFCOM’s functions under the Competition Act 1998 | |
(1) The functions to which subsection (2) applies shall be concurrent functions of | |
OFCOM and the Office of Fair Trading. | |
(2) This subsection applies to the functions of the Office of Fair Trading under the | 25 |
provisions of Part 1 of the Competition Act 1998 (c. 41) (other than sections | |
38(1) to (6) and 51) so far as relating to— | |
(a) agreements, decisions or concerted practices which are of the kind | |
mentioned in section 2(1) of that Act (agreements, decisions or practices | |
affecting trade and having as their object or effect the prevention, | 30 |
restriction or distortion of competition) and which relate to activities | |
connected with communications matters; or | |
(b) conduct which is of the kind mentioned in section 18(1) of that Act | |
(conduct abusing a dominant position) and relates to such activities. | |
(3) So far as necessary for the purposes of, or in connection with, the provisions of | 35 |
subsections (1) and (2), references to the Office of Fair Trading in Part 1 of the | |
Competition Act 1998 are to be read as including references to OFCOM, | |
except— | |
(a) in sections 38(1) to (6), 51, 52(6) and (8) and 54, and | |
(b) where the context otherwise requires. | 40 |
(4) In subsection (2), the reference to activities connected with communications | |
matters, so far as it is a reference to activities connected with any apparatus | |
falling within paragraph (d) of section 359(1), includes a reference to— | |
(a) the supply and export of any such apparatus; and | |
(b) the production or acquisition of any such apparatus for supply or | 45 |
export. | |
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