3 Licences under Part I.U.K.
(1)Any licence granted by [F1OFCOM] under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of [F2 Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003].
(2)A licence may be so granted for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified.
(3)[F1OFCOM] —
(a)shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and
(b)shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;
and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).
[F3(3A)Where [F1OFCOM] are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.]
(4)[F1OFCOM] may vary a licence by a notice served on the licence holder if—
(a)in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or
(b)in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to [F1OFCOM] about the variation.
(5)Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 19(1) or 52(1) or in pursuance of any other provision of this Part which applies section 19(1).
(6)A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of [F1OFCOM] .
(7)Without prejudice to the generality of subsection (6), [F1OFCOM] shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.
[F4(8)The holding by a person of a licence under this Part shall not relieve him of—
(a)any liability in respect of a failure to hold [F5a licence under section 8 of the Wireless Telegraphy Act 2006]; or
(b)any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]
Textual Amendments
F1Words in s. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 3(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3S. 3(3A) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1)(f), Sch. 8 para. 1
F4S. 3(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5Words in s. 3(8)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 10
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)