SCHEDULES
SCHEDULE 7 Qualifying Revenue: Supplementary Provisions
C3C2C1Part I Qualifying Revenue for purposes of Part I or II of this Act
Sch. 7 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 15(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 237(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Computation of qualifying revenue
1
1
It shall be the duty of F2OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person—
a
for any accounting period of his, or
b
for any year,
for the purposes of any provision of Part I or Part II of this Act.
2
A statement under this paragraph may set out different principles for persons holding different kinds of licences.
3
Before drawing up or revising a statement under this paragraph F2OFCOM shall consult the Secretary of State and the Treasury.
4
F2OFCOM shall—
a
publish the statement drawn up under this paragraph and every revision of that statement; and
b
transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
Disputes
2
1
For the purposes of any provision of Part I or Part II of this Act—
a
the amount of the qualifying revenue in relation to any person for any accounting period of his, or (as the case may be) for any year, or
b
the amount of any payment to be made to F2OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
2
No determination of F2OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Part II Qualifying Revenue for purposes of Part III of this Act
Computation of qualifying revenue
1
1
It shall be the duty of F1OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue for any accounting period of a licence holder for the purposes of any provision of Part III of this Act.
2
A statement under this paragraph may set out different principles for persons holding different kinds of licences.
3
Before drawing up or revising a statement under this paragraph F1OFCOM shall consult the Secretary of State and the Treasury.
4
F1OFCOM shall—
a
publish the statement drawn up under this paragraph and every revision of that statement; and
b
transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
Disputes
2
1
For the purposes of any provision of Part III of this Act—
a
the amount of the qualifying revenue for any accounting period of a person, or
b
the amount of any payment to be made to F1OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
2
No determination of F1OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 9 para. 8(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)