Part 4

Licensing of TV reception

TV licences
364
1
A licence for the purposes of section 363 (“a TV licence”)—
a
may be issued by the BBC subject to such restrictions and conditions as the BBC think fit; and
b
must be issued subject to such restrictions and conditions as the Secretary of State may require by a direction to the BBC.
2
The matters to which the restrictions and conditions subject to which a TV licence may be issued may relate include, in particular—
a
the description of television receivers that may be installed and used under the licence;
b
the persons authorised by the licence to install and use a television receiver;
c
the places where the installation and use of the television receiver is authorised by the licence;
d
the circumstances in which the installation and use of such a receiver is so authorised;
e
the purposes for which the installation and use of such a receiver is so authorised;
f
the use of such receiver in a manner that causes, or may cause, interference (within the meaning of the Wireless Telegraphy Act 2006 ) with wireless telegraphy.
3
The restrictions and conditions subject to which a TV licence may be issued do not include—
a
a provision conferring a power of entry to any premises; or
b
a provision prohibited by a direction to the BBC by the Secretary of State.
4
A TV licence shall continue in force, unless previously revoked by the BBC, for such period as may be specified in the licence.
5
The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—
a
by a notice to the holder of the licence; or
b
by a general notice published in such manner as may be specified in the licence.
6
It shall be the duty of the BBC to exercise their power under subsection (5) to revoke or modify a TV licence, or any of its restrictions or conditions, if they are directed to do so by the Secretary of State.
7
A direction by the Secretary of State under this section may be given either generally in relation to all TV licences (or all TV licences of a particular description) or in relation to a particular licence.
8
A notice under subsection (5)(a) must be given—
a
in the manner specified in the licence; or
b
if no manner of service is so specified, in the manner authorised by section 394.
9
For the purposes of the application, in relation to the giving of such a notice, of—
a
section 394; and
b
section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its application for the purposes of that section,
a person’s proper address is any address where he is authorised by a TV licence to install or use a TV receiver or, if there is no such address, his last known address.
S. 364 in force at 1.4.2004 by S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11) (as amended (8.3.2004) by S.I. 2004/697, art. 2(3))
Words in s. 364(2)(f) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 29