http://www.legislation.gov.uk/ukpga/1996/55/section/42Broadcasting Act 1996An Act to make new provision about the broadcasting in digital form of television and sound programme services and the broadcasting in that form on television or radio frequencies of other services; to amend the Broadcasting Act 1990; to make provision about rights to televise sporting or other events of national interest; to amend in other respects the law relating to the provision of television and sound programme services; to provide for the establishment and functions of a Broadcasting Standards Commission and for the dissolution of the Broadcasting Complaints Commission and the Broadcasting Standards Council; to make provision for the transfer to other persons of property, rights and liabilities of the British Broadcasting Corporation relating to their transmission network; and for connected purposes.1996-07-24texttext/xmlenStatute Law Database2026-01-21Expert Participation2026-01-01 Part II Digital terrestrial sound broadcasting General provisions about licences Licences under Part II.421Any licence granted by OFCOM under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of this Part.2 OFCOM —ashall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it, andbshall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;and nothing in this Part shall be construed as affecting the operation of this subsection or of section 44(1) or (2)(b) or (c).3 OFCOM may vary a licence by a notice served on the licence holder.3A OFCOM shall not vary—athe period for which a licence having effect for a specified period is to continue in force, orbincrease the total amount of digital capacity specified in a national radio multiplex licence for the purposes of section 48(1A),unless the licence holder consents.3B OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.4 Paragraph (a) of subsection (3A) does not affect the operation of section 59(1)(b); and that subsection shall not authorise the variation of any condition included in a licence in pursuance of section 55(1).5A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of OFCOM .6Without prejudice to the generality of subsection (5), OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.7The holding of a licence by a person shall not relieve him—aof any liability in respect of a failure to hold a licence under section 8 of the Wireless Telegraphy Act 2006 ; orbof any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 258, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Pt. 2: 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. 42(3)-(3B) substituted for s. 42(3) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)S. 42(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 102(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 42(7)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 18Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(a), Sch. Pts. 1, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9 (with art. 10))Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(b), Sch. Pts. 2, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9)