http://www.legislation.gov.uk/ukpga/1990/42/section/167Broadcasting Act 1990Broadcasting Act 1990texttext/xmlenStatute Law Database2026-05-12Expert Participation2026-05-01 Part VII Prohibition on Inclusion of Obscene and Other Material in Programme Services Supplementary Power to make copies of recordings.1671If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—ato produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; andbon the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.2An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.3A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.4No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—asection 3 of the Obscene Publications Act 1959;bsection 24 or 29H of the Public Order Act 1986; andcArticle 14 of the Public Order (Northern Ireland) Order 1987.5In the application of subsection (1) to England and Wales “relevant offence” means an offence under—asection 2 of the Obscene Publications Act 1959; orbsection 22 or 29F of the Public Order Act 1986.6In the application of subsection (1) to Scotland—a“relevant offence” means an offence under—isection 51 of the Civic Government (Scotland) Act 1982, oriisection 22 of the Public Order Act 1986;bthe reference to a justice of the peace shall include a reference to the sheriff; andcfor the reference to information on oath there shall be substituted a reference to evidence on oath.7In the application of subsection (1) to Northern Ireland—a“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;bfor the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; andcfor the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.S. 167 amended (1.4.1997) by 1996 c. 55, s. 117 (with s. 43(1)(6)); S.I. 1997/1005, art. 41959 c. 66. 1986 c. 64. S.I.1987/463 (N.I.7). 1982 c. 45. Words in s. 167(4)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)Words in s. 167(5)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)