(5) OFCOM’s decision whether to take such proceedings must be taken as soon
as reasonably practicable after the receipt of the notice of claim.
7 Where the restricted apparatus is condemned or taken to have been
condemned as forfeited, the forfeiture is to have effect as from the time of the
Proceedings for condemnation by court
8 Proceedings for condemnation are civil proceedings and may be
(a) in England or Wales, either in the High Court or in a magistrates’
(b) in Scotland, either in the Court of Session or in the sheriff court;
(c) in Northern Ireland, either in the High Court or in a court of
9 Proceedings for the condemnation of restricted apparatus instituted in a
magistrates’ court in England or Wales, in the sheriff court in Scotland or in
a court of summary jurisdiction in Northern Ireland may be so instituted—
(a) in any such court having jurisdiction in a place where an offence
under section 7 of the Wireless Telegraphy Act 1967 (c. 72) involving
that apparatus was committed;
(b) in any such court having jurisdiction in proceedings for such an
(c) in any such court having jurisdiction in the place where the claimant
resides or, if the claimant has specified a solicitor under paragraph 4,
in the place where that solicitor has his office; or
(d) in any such court having jurisdiction in the place where that
apparatus was seized or to which it was first brought after being
10 (1) In proceedings for condemnation that are instituted in England and Wales
or Northern Ireland, the claimant or his solicitor must make his oath that the
seized apparatus was, or was to the best of his knowledge and belief, the
property of the claimant at the time of the seizure.
(2) In proceedings for condemnation instituted in the High Court—
(a) the court may require the claimant to give such security for the costs
of the proceedings as may be determined by the court; and
(b) the claimant must comply with any such requirement.
(3) If a requirement of this paragraph is not complied with, the court shall give
judgment for OFCOM.
11 (1) In the case of proceedings for condemnation instituted in a magistrates’
court in England or Wales, either party may appeal against the decision of
that court to the Crown Court.
(2) In the case of proceedings for condemnation instituted in a court of
summary jurisdiction in Northern Ireland, either party may appeal against
the decision of that court to the county court.
(3) This paragraph does not affect any right to require the statement of a case for
the opinion of the High Court.
12 Where an appeal has been made (whether by case stated or otherwise)
against the decision of the court in proceedings for the condemnation of
restricted apparatus, that apparatus is to be left with OFCOM pending the
final determination of the matter.
Disposal of unclaimed property
13 (1) This paragraph applies where a requirement is imposed by or under this
Schedule for apparatus to be returned to a person.
(2) If the apparatus is still in OFCOM’s possession after the end of the period of
twelve months beginning with the day after the requirement to return it
arose, OFCOM may dispose of it in any manner they think fit.
(3) OFCOM may exercise their power under this paragraph to dispose of
apparatus only if it is not practicable at the time when the power is exercised
to dispose of the apparatus by returning it immediately to the person to
whom it is required to be returned.
Provisions as to proof
14 In proceedings arising out of the seizure of restricted apparatus, the fact,
form and manner of the seizure is to be taken, without further evidence and
unless the contrary is shown, to have been as set forth in the process.
15 In any proceedings, the condemnation by a court of restricted apparatus as
forfeited may be proved by the production of either—
(a) the order or certificate of condemnation; or
(b) a certified copy of the order purporting to be signed by an officer of
the court by which the order or certificate was made or granted.
Special provisions as to certain claimants
16 (1) This paragraph applies for the purposes of a claim to the restricted
apparatus, and of proceedings for its condemnation.
(2) Where, at the time of the seizure, the apparatus is—
(a) the property of a body corporate,
(b) the property of two or more partners, or
(c) the property of more than five persons,
the oath required by paragraph 10 to be taken by the claimant, and any other
thing required by this Schedule or by rules of court to be done by the owner
of the apparatus, may be done by a person falling within sub-paragraph (3)
or by a person authorised to act on his behalf.
(3) The persons falling within this sub-paragraph are—
(a) where the owner is a body corporate, the secretary or some duly
authorised officer of that body;
(b) where the owners are in partnership, any one or more of the owners;
(c) where there are more than five owners and they are not in
partnership, any two or more of the owners acting on behalf of
themselves and any of their co-owners who are not acting on their
Saving for owner’s rights
17 Neither the imposition of a requirement by or under this Schedule to return
apparatus to a person nor the return of apparatus to a person in accordance
with such a requirement affects—
(a) the rights in relation to that apparatus of any other person; or
(b) the right of any other person to enforce his rights against the person
to whom it is returned.
Decisions not subject to appeal
Prosecutions and civil proceedings
1 A decision to institute, bring or carry on any criminal or civil proceedings.
2 A decision (other than one under section 115) to take preliminary steps for
the purpose of enabling any such proceedings to be instituted.
3 A decision given effect to by an order under section 40(6).
4 A decision relating to the making or revision of a statement under section 34.
5 A decision given effect to by an order under section 51.
6 A decision given effect to by regulations under section 62.
7 A decision given effect to by regulations under section 67.
8 A decision given effect to by an order under section 102(6).
9 A decision given effect to by an order under section 104(6).
10 A decision relating to the making or revision of a statement under section
11 A decision relating to the publication of the United Kingdom Plan for
12 A decision in exercise of the functions conferred on OFCOM by section 147
(a) the services, records and advice to be provided, maintained or given
(b) the research to be carried out or the arrangements made for carrying
it out; or
(c) the making or terms of any grant.
13 A decision under section 150.
14 A decision under section 153.
15 A decision given effect to by regulations under section 154.
16 A decision given effect to by regulations under section 157.
17 A decision given effect to by an order under section 159.
18 A decision given effect to by regulations under section 163.
19 A decision given effect to by regulations under section 165 and any decision
under any such regulations.
20 A decision to impose a penalty under section 170(1).
21 A decision given effect to by regulations under paragraph 1 of Schedule 5.
22 A decision under any provision of Schedule 6.
23 A decision under any provision of Schedule 7.
Wireless Telegraphy Act 1949
24 A decision given effect to by regulations under the proviso to section 1(1) of
the Wireless Telegraphy Act 1949 (c. 54).
25 A decision given effect to by regulations under section 1D(3) of that Act.
26 A decision given effect to by regulations under section 3 of that Act.
27 A decision given effect to by regulations under section 10 of that Act.
28 A decision for the purposes of section 15 of that Act.
Wireless Telegraphy Act 1998
29 A decision given effect to by regulations under section 1 of the Wireless
Telegraphy Act 1998 (c. 6).
30 A decision given effect to by regulations under section 3 of that Act.
31 A decision given effect to by regulations under section 3A of that Act.
32 A decision relating to the recovery of a sum payable to OFCOM under
section 4A of that Act.
Arrangements about carrying on of C4C’s activities
Notification of requirement to submit proposals
1 (1) It shall be the duty of OFCOM to give a notification under this paragraph to
(a) as soon as practicable after the commencement of this Schedule, and
(b) as soon as practicable in the last twelve months preceding each date
on which the replacement licence granted in accordance with section
226 would expire if not renewed.
(2) A notification under this paragraph is one requiring C4C to submit
proposals to OFCOM in accordance with this Schedule for the relevant
(3) A notification under this paragraph must specify the period within which
C4C must submit their proposals.
(4) The period specified under sub-paragraph (3) must be a period ending not
less than three months after the day of the giving of the notification.
Submission of proposed arrangements
2 (1) This paragraph applies where C4C have received a notification under
(2) C4C must, within the period set out in the notification, submit proposals to
OFCOM for the arrangements under which they are proposing to secure, so
far as reasonably practicable, that all significant risks that their other
activities will have an adverse effect on the carrying out, during the relevant
licence period, of their primary functions are—
(b) evaluated; and
(c) properly managed.
(3) The proposals must include proposals for the arrangements that C4C
consider appropriate for securing the transparency objectives during the
relevant licence period.
(4) For the purposes of this Schedule the transparency objectives are—
(a) an appropriate financial and organisational separation between the
activities of C4C that relate to the carrying out of their primary
functions and their other activities; and
(b) an appropriate degree of transparency in financial and other
reporting where resources are shared between separated activities or
where there is some other financial or practical connection between
otherwise separated activities.
(5) The matters to which the proposals submitted under this section may relate
include, in particular, the procedures and other practices to be followed by
C4C in the case of—
(a) the initiation and management of new ventures;
(b) the exercise of particular powers;
(c) the assessment of risks;
(d) the imposition of charges; and
(e) the keeping of records.
(6) The determination of what is appropriate for the purposes of sub-
paragraphs (3) and (4) is not to be confined to a determination of what is
appropriate for securing the matters mentioned in sub-paragraph (2).
(7) The arrangements proposed by C4C must contain provision for compliance
with the arrangements to be checked regularly by a person appointed in
accordance with that provision.
(8) That person must be a person other than the person for the time being
holding an appointment for the purposes of paragraph 12(2) of Schedule 3
to the 1990 Act (C4C’s auditor).
Consideration and approval of proposals
3 (1) OFCOM must consider every proposal or revised proposal submitted to
them by C4C under paragraph 2 or this paragraph and may do one of the
(a) approve the proposed arrangements;
(b) approve them with such modifications as they may notify to C4C;
(c) require C4C to submit revised proposals in accordance with
directions given by OFCOM.
(a) making modifications of proposed arrangements for the purpose of
approving them, or
(b) requiring the submission of revised proposals,
OFCOM must consult C4C.
Duration of approval and modification of arrangements
4 (1) Arrangements approved under this Schedule are to remain in force (subject
to the following provisions of this paragraph) throughout the licence period
to which they relate.
(2) The arrangements for the time being approved under this Schedule for any
licence period may be modified, by agreement between OFCOM and C4C,
at any time during the licence period for which they apply.
(3) OFCOM may carry out a review of the arrangements for the time being
approved under this Schedule.
(4) The reviews that may be carried out under this paragraph in any one licence
period are confined to either—
(a) one review relating to all the arrangements; or
(b) two reviews carried out at separate times as follows—
(i) one (whether the first or second) relating to the arrangements
for securing the transparency objectives; and
(ii) the other relating to other matters.
(5) On a review under this paragraph, OFCOM may require C4C to submit
proposals for modifying the arrangements for the time being approved
under this Schedule so far as they relate to the matters under review.
(6) Paragraph 3 applies where proposals are submitted to OFCOM under sub-
paragraph (5) as it applies where they are submitted under paragraph 2.
Publication of approved arrangements
5 (1) OFCOM must publish all arrangements approved by them under this
(2) The publication of anything under this paragraph must be in such manner
as OFCOM consider appropriate for bringing it to the attention of members
of the public.
Duty of C4C to act in accordance with the approved arrangements
6 It shall be the duty of C4C to act in accordance with the arrangements for the
time being in force under this Schedule.
Enforcement of duties
7 (1) This paragraph applies to—
(a) every duty of C4C under this Schedule to submit proposals to
(b) the duty imposed on C4C by paragraph 6.
(2) Each of those duties shall be enforceable in civil proceedings by OFCOM—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.
Penalty for contravention of the arrangements
8 (1) OFCOM may impose a penalty on C4C if C4C have contravened—
(a) a requirement of this Schedule to submit proposals to OFCOM;
(b) a requirement of arrangements for the time being approved under
(2) The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying
revenue for their last complete accounting period before the contravention.
(3) Before imposing a penalty on C4C under this paragraph OFCOM must give
C4C a reasonable opportunity of making representations to OFCOM about
their proposal to impose the penalty.
(4) Where OFCOM impose a penalty on C4C under this paragraph, they shall—
(a) notify C4C; and
(b) in that notification, fix a reasonable period after it is given as the
period within which the penalty is to be paid.
(5) In the case of a continuing contravention—
(a) separate penalties may be imposed in respect of different periods
during which the contravention continues;
(b) the notification of the penalty must specify the period in respect of
which the penalty is imposed; and
(c) the reference in sub-paragraph (2) to the last complete accounting
period before the contravention is a reference to the last complete
accounting period before the end of the period in respect of which
the penalty is imposed.
(6) A penalty imposed under this paragraph must be paid to OFCOM within
the period fixed by them.
(7) Section 19(2) to (6) of the 1990 Act and Part 1 of Schedule 7 to that Act
(calculation of qualifying revenue), with any necessary modifications, have
effect in relation to C4C for the purposes of this paragraph as they have
effect in relation to the holder of a Channel 3 licence for the purposes of Part
1 of that Act.
OFCOM’s duty to take account of need to support C4C’s primary functions
9 In exercising their powers under this Schedule OFCOM must have regard,
in particular, to the need to secure, so far as practicable, that all significant