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(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 | |
seizure. | 5 |
Proceedings for condemnation by court | |
8 Proceedings for condemnation are civil proceedings and may be | |
instituted— | |
(a) in England or Wales, either in the High Court or in a magistrates’ | |
court; | 10 |
(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 | |
summary jurisdiction. | |
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 | 15 |
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 | 20 |
offence; | |
(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 | 25 |
apparatus was seized or to which it was first brought after being | |
seized. | |
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 | 30 |
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. | 35 |
(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. | 40 |
(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. | 45 |
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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 | 5 |
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. | 10 |
(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 | 15 |
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— | 20 |
(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 | 25 |
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, | 30 |
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— | 35 |
(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 | 40 |
themselves and any of their co-owners who are not acting on their | |
own behalf. | |
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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 | 5 |
(b) the right of any other person to enforce his rights against the person | |
to whom it is returned. | |
Schedule 8 | |
Section 187 | |
Decisions not subject to appeal | |
Prosecutions and civil proceedings | 10 |
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. | |
This Act | |
3 A decision given effect to by an order under section 40(6). | 15 |
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). | 20 |
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 | |
141. | |
11 A decision relating to the publication of the United Kingdom Plan for | |
Frequency Authorisation. | 25 |
12 A decision in exercise of the functions conferred on OFCOM by section 147 | |
as to— | |
(a) the services, records and advice to be provided, maintained or given | |
by them; | |
(b) the research to be carried out or the arrangements made for carrying | 30 |
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. | 35 |
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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. | 5 |
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 | 10 |
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. | 15 |
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. | 20 |
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. | |
Schedule 9 | |
Section 194 | |
Arrangements about carrying on of C4C’s activities | 25 |
Notification of requirement to submit proposals | |
1 (1) It shall be the duty of OFCOM to give a notification under this paragraph to | |
C4C— | |
(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 | 30 |
on which the replacement licence granted in accordance with section | |
226 would expire if not renewed. | |
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(2) A notification under this paragraph is one requiring C4C to submit | |
proposals to OFCOM in accordance with this Schedule for the relevant | |
licence period. | |
(3) A notification under this paragraph must specify the period within which | |
C4C must submit their proposals. | 5 |
(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 | |
paragraph 1. | 10 |
(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— | 15 |
(a) identified; | |
(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 | 20 |
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 | 25 |
(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 | 30 |
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; | 35 |
(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). | 40 |
(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 | 45 |
to the 1990 Act (C4C’s auditor). | |
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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 | |
following— | |
(a) approve the proposed arrangements; | 5 |
(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. | |
(2) Before— | |
(a) making modifications of proposed arrangements for the purpose of | 10 |
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 | 15 |
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. | 20 |
(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 | 25 |
(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 | 30 |
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 | 35 |
5 (1) OFCOM must publish all arrangements approved by them under this | |
Schedule. | |
(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. | 40 |
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. | |
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Enforcement of duties | |
7 (1) This paragraph applies to— | |
(a) every duty of C4C under this Schedule to submit proposals to | |
OFCOM; and | |
(b) the duty imposed on C4C by paragraph 6. | 5 |
(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. | 10 |
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 | |
this Schedule. | 15 |
(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. | 20 |
(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— | 25 |
(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 | 30 |
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. | 35 |
(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. | 40 |
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 | |
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