F1Part IE+W+S+N.I. Independent Television Services

Annotations:

Amendments (Textual)

F1Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1

Modifications etc. (not altering text)

C1Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Chapter 1E+W+S+N.I. Regulation by Commission of Television Services Generally

Prohibition on providing unlicensed television servicesE+W+S+N.I.

13 Prohibition on providing television services without a licence.E+W+S+N.I.

(1)Subject to subsection (2), any person who provides any [F2relevant regulated television service] without being authorised to do so by or under a licence under this Part [F3or Part I of the Broadcasting Act 1996] shall be guilty of an offence.

[F4(1A)In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.]

(2)The Secretary of State may, after consultation with [F5OFCOM] , by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4)No proceedings in respect of an offence under this section shall be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)Without prejudice to subsection (3), compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

(6)Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F2Words in s. 13(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 5(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3words in s. 13(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 2(1)(b); S.I. 1996/2120, art. 4, Sch. 1

F5Words in s. 13(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 5(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C2S. 13 excluded (temp. until 11.10.1997) by S.I. 1997/1682, regs. 1, 4(3)

C3S. 13(1) excluded by S.I. 1990/2537, art. 2(1)

S. 13(1) excluded (5.1.1995) by S.I. 1995/3172, art. 2