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Communications Act 2003

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This is the original version (as it was originally enacted).

239Action against licence holders who incite crime or disorder
This section has no associated Explanatory Notes

(1)OFCOM must serve a notice under subsection (2) on the holder of a licence to provide a television licensable content service if they are satisfied—

(a)that the holder of the licence has included in the service one or more programmes containing material likely to encourage or to incite the commission of crime, or to lead to disorder;

(b)that, in doing so, he has contravened conditions contained by virtue of Chapter 4 of this Part in the licence to provide that service; and

(c)that the contravention is such as to justify the revocation of the licence.

(2)A notice under this subsection must—

(a)state that OFCOM are satisfied as mentioned in subsection (1);

(b)specify the respects in which, in their opinion, the licence holder has contravened the condition mentioned in paragraph (b) of that subsection;

(c)state that OFCOM may revoke the licence after the end of the period of twenty-one days beginning with the day on which the notice is served on the licence holder; and

(d)inform the licence holder of his right to make representations to OFCOM within that period about the matters appearing to OFCOM to provide grounds for revoking the licence.

(3)The effect of a notice under subsection (2) shall be to suspend the licence as from the time when the notice is served on the licence holder until either—

(a)the revocation of the licence takes effect; or

(b)OFCOM decide not to revoke the licence.

(4)If, after considering any representations made to them by the licence holder within the period specified for the purposes of subsection (2)(c), OFCOM are satisfied that it is necessary in the public interest to revoke the licence, they shall serve a notice of revocation on the licence holder.

(5)The revocation of a licence by a notice under subsection (4) takes effect from such time as may be specified in the notice.

(6)A notice of revocation under subsection (4) must not specify a time for it to take effect that falls before the end of the period of twenty-eight days beginning with the day on which the notice is served on the licence holder.

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