http://www.legislation.gov.uk/ukpga/1990/42/section/42BBroadcasting Act 1990Broadcasting Act 1990texttext/xmlenStatute Law Database2026-05-12Expert Participation2026-05-01 Broadcasting Act 1990s. 193(2)(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 20reg. 1(1) Part I Chapter IIA42B1An application for a licence to provide a restricted service shall be made in such manner as OFCOM may determine, and shall be accompanied by such fee (if any) as OFCOM may determine.2Subject to subsections (3) to (3C), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.3In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of subsections (1A) to (1C); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section is the maximum penalty given by subsection (3A). 3AThe maximum penalty is whichever is the greater of—a£250,000; andb5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).3BIn relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.3CSection 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1Chapter heading and Ss. 42A, 42B inserted (1.4.1997) by 1996 c. 55, s. 85 (with s. 43(1)(6)); S.I. 1997/1005, art. 4Words in s. 42B(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Pt. 1: 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)Words in s. 42B(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Ss. 42B(3A)-(3C) substituted for 42B(4) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42B(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 19 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42B(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)S. 42B(3A)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)