C3Part III Independent Radio Services
C3Chapter II Sound Broadcasting Services
Enforcement of licences
C1C2C3109C3 Power to require scripts etc. or broadcasting of correction or F2a statement of findings.
1
If F3OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by F3OFCOM under or by virtue of any provision of this Part, they may serve on him a notice—
a
stating that F3OFCOM are so satisfied as respects any specified condition or direction;
b
stating the effect of subsection (2); and
c
specifying for the purposes of that subsection a period not exceeding twelve months.
2
If, at any time during the period specified in a notice under subsection (1), F3OFCOM are satisfied that the licence holder has again failed to comply with any such condition or direction as is mentioned in that subsection (whether or not the same as the one specified in the notice), F3OFCOM may direct him—
a
to provide F3OFCOM in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and
b
in relation to such of those programmes as will consist of or include recorded matter, to produce to F3OFCOM in advance for examination or reproduction such recordings of that matter as are so specified;
and a direction under this subsection shall have effect for such period, not exceeding six months, as is specified in the direction.
C43
If F3OFCOM are satisfied—
a
that the holder of a licence has failed to comply with any condition of the licence, and
b
that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F2a statement of findings (or both) under this subsection,
they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction or F2a statement of findings (or both) in such form, and at such time or times, as they may determine.
4
5
Where the holder of a licence includes a correction or F2a statement of findings in the licensed service in pursuance of a direction under subsection (3), he may announce that he is doing so in pursuance of such a direction.
F16
For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.
Pt. III: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)