C2Part III Independent Radio Services
C2Chapter I Regulation by Authority of Independent Radio Services Generally
Prohibition on providing unlicensed independent radio services
97 Prohibition on providing independent radio services without a licence.
C1C31
F21A
In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.
2
The Secretary of State may, after consultation with F4OFCOM, 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) above, 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.
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)