Part III

Independent Radio Services
Chapter I

Regulation by Authority of Independent Radio Services Generally

Prohibition on providing unlicensed independent radio services

Prohibition on providing independent radio services without a licence.
97
1
Subject to subsection (2), any person who provides any relevant regulated radio service without being authorised to do so by or under a licence under this Part or Part II of the Broadcasting Act 1996 shall be guilty of an offence.
1A
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 OFCOM, 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.
S. 97(1) excluded by S.I. 1990/2536, art. 2(1)
Words in S. 97(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 7(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1
S. 97(1) excluded (19.3.2007) by The Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 (S.I. 2007/272), arts. 1(1), 2
Words in s. 97(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 97(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 3: 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)
S. 97(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)