C1Part III Independent Radio Services
C1Chapter I Regulation by Authority of Independent Radio Services Generally
General provisions about licences
89C1 Disqualification for holding licence on grounds of conviction for transmitting offence.
1
Subject to subsection (2), a person shall be disqualified for holding a licence under this Part if within the last five years he has been convicted of—
F3a
an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);
F3aa
an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);
F3ab
an offence under section 37 or 38 of that Act (unlawful broadcasting offences);
F3b
an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or
c
an offence under section 97 below.
F12
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3
Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is F2concerned in—
a
the provision of the licensed service or the making of programmes included in it; or
b
the operation of F4a wireless telegraphy station used for broadcasting the service.
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)