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Communications Bill


Communications Bill
Part 4 — Licensing of TV reception

    322

 

     (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

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           (b)           if no manner of service is so specified, in the manner authorised by

section 391.

     (9)    For the purposes of the application, in relation to the giving of such a notice,

of—

           (a)           section 391; and

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           (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.

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 362   TV licence fees

     (1)    A person to whom a TV licence is issued shall be liable to pay—

           (a)           on the issue of the licence (whether initially or by way of renewal), and

           (b)           in such other circumstances as regulations made by the Secretary of

State may provide,

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            such sum (if any) as may be provided for by any such regulations.

     (2)    Sums which a person is liable to pay by virtue of regulations under subsection

(1) must be paid to the BBC and are to be recoverable by them accordingly.

     (3)    The BBC are entitled, in such cases as they may determine, to make refunds of

sums received by them by virtue of regulations under this section.

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     (4)    Regulations under this section may include provision—

           (a)           for the means by which an entitlement to a concession must be

established; and

           (b)           for the payment of sums by means of an instalment scheme set out in

the regulations.

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     (5)    The reference to a concession in subsection (4) is a reference to any concession

under which a person is, on the satisfaction of specified requirements—

           (a)           exempted from the liability to pay a sum in respect of a TV licence; or

           (b)           required to pay only a reduced sum in respect of such a licence.

     (6)    The consent of the Treasury shall be required for the making of any regulations

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under this section by the Secretary of State.

     (7)    Subject to subsection (8), sums received by the BBC by virtue of any regulations

under this section must be paid into the Consolidated Fund.

     (8)    The BBC may retain, out of the sums received by them by virtue of regulations

under this section, any sums they require for making refunds of sums so

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received.

 

 

Communications Bill
Part 4 — Licensing of TV reception

    323

 

 363   Powers to enforce TV licensing

     (1)    If a justice of the peace, a sheriff in Scotland or a lay magistrate in Northern

Ireland is satisfied by information on oath that there are reasonable grounds

for believing—

           (a)           that an offence under section 360 has been or is being committed,

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           (b)           that evidence of the commission of the offence is likely to be on

premises specified in the information, or in a vehicle so specified, and

           (c)           that one or more of the conditions set out in subsection (3) is satisfied,

            he may grant a warrant under this section.

     (2)    A warrant under this section is a warrant authorising any one or more persons

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authorised for the purpose by the BBC or by OFCOM—

           (a)           to enter the premises or vehicle at any time (either alone or in the

company of one or more constables); and

           (b)           to search the premises or vehicle and examine and test any television

receiver found there.

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     (3)    Those conditions are—

           (a)           that there is no person entitled to grant entry to the premises or vehicle

with whom it is practicable to communicate;

           (b)           that there is no person entitled to grant access to the evidence with

whom it is practicable to communicate;

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           (c)           that entry to the premises or vehicle will not be granted unless a

warrant is produced;

           (d)           that the purpose of the search may be frustrated or seriously prejudiced

unless the search is carried out by a person who secures entry

immediately upon arriving at the premises or vehicle.

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     (4)    A person is not to enter premises or a vehicle in pursuance of a warrant under

this section at any time more than one month after the day on which the

warrant was granted.

     (5)    The powers conferred by a warrant under this section on a person authorised

by OFCOM are exercisable in relation only to a contravention or suspected

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contravention of a condition of a TV licence relating to interference with

wireless telegraphy.

     (6)    A person authorised by the BBC, or by OFCOM, to exercise a power conferred

by a warrant under this section may (if necessary) use such force as may be

reasonable in the exercise of that power.

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     (7)    Where a person has the power by virtue of a warrant under this section to

examine or test any television receiver found on any premises, or in any

vehicle, it shall be the duty—

           (a)           of a person who is on the premises or in the vehicle, and

           (b)           in the case of a vehicle, of a person who has charge of it or is present

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when it is searched,

            to give the person carrying out the examination or test all such assistance as

that person may reasonably require for carrying it out.

     (8)    A person is guilty of an offence if he—

           (a)           intentionally obstructs a person in the exercise of any power conferred

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on that person by virtue of a warrant under this section; or

 

 

Communications Bill
Part 4 — Licensing of TV reception

    324

 

           (b)           without reasonable excuse, fails to give any assistance that he is under

a duty to give by virtue of subsection (7).

     (9)    A person guilty of an offence under subsection (8) shall be liable, on summary

conviction, to a fine not exceeding level 5 on the standard scale.

     (10)   In this section—

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                    “interference”, in relation to wireless telegraphy, has the same meaning as

in the Wireless Telegraphy Act 1949 (c. 54); and

                    “vehicle” includes vessel, aircraft or hovercraft.

     (11)   In the application of this section to Scotland, the reference in subsection (1) to

information on oath shall have effect as a reference to evidence on oath.

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     (12)   In the application of this section to Northern Ireland, the reference in

subsection (1) to a lay magistrate shall have effect, in relation to times before

the coming into force of sections 9 and 10 of the Justice (Northern Ireland) Act

2002 (c. 26), as a reference to a justice of the peace.

 364   Interpretation of provisions about dealer notification

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     (1)    Section 6 of the Wireless Telegraphy Act 1967 (interpretation of provisions

requiring notification of sale and hire of television sets) shall be amended as

follows.

     (2)    In subsection (1), for the definitions of “television dealer”, “television

programme” and “television set” there shall be substituted—

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                                  “‘television dealer’ means a person of any description specified in

regulations made by the Secretary of State setting out the

descriptions of persons who are to be television dealers for the

purposes of this Part;

                                  ‘television set’ means any apparatus of a description specified in

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regulations made by the Secretary of State setting out the

descriptions of apparatus that are to be television sets for the

purposes of this Part.”

     (3)    After that subsection there shall be inserted—

           “(1A)              Regulations under subsection (1) defining a television set may provide

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for references to such a set to include references to software used in

association with apparatus.”

 365   Meanings of “television receiver” and “use”

     (1)    In this Part “television receiver” means any apparatus of a description specified

in regulations made by the Secretary of State setting out the descriptions of

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apparatus that are to be television receivers for the purposes of this Part.

     (2)    Regulations under this section defining a television receiver may provide for

references to such a receiver to include references to software used in

association with apparatus.

     (3)    References in this Part to using a television receiver are references to using it

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for receiving television programmes.

     (4)    The power to make regulations under this section defining a television receiver

includes power to modify subsection (3).

 

 

Communications Bill
Part 5 — Competition in communications markets
Chapter 1 — Functions of OFCOM under competition legislation

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Part 5

Competition in communications markets

Chapter 1

Functions of OFCOM under competition legislation

 366   Matters in relation to which OFCOM have competition functions

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     (1)    In this Chapter references to communications matters are references to any one

or more of the following—

           (a)           the provision of electronic communications networks;

           (b)           the provision of electronic communications services;

           (c)           the provision or making available of services or facilities which are

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provided or made available—

                  (i)                 by means of, or in association with the provision (by the same

person or another) of, an electronic communications network or

electronic communications service; or

                  (ii)                for the purpose of facilitating the use of any such network or

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service (whether provided by the same person or another);

           (d)           apparatus used for providing or making available anything mentioned

in the preceding paragraphs;

           (e)           broadcasting and related matters.

     (2)    The Secretary of State may by order make such amendments of subsection (1)

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as he may consider appropriate for the purpose of modifying the description

of activities in respect of which any of the provisions of this Part—

           (a)           confer functions on OFCOM under Part 1 of the Competition Act 1998

(c. 41) or relate to the carrying out by OFCOM of those functions; or

           (b)           confer functions on OFCOM under Part 4 of the Enterprise Act 2002

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(c. 40) or relate to the carrying out by OFCOM of those functions.

     (3)    No order is to be made containing provision authorised by this section unless

a draft of the order has been laid before Parliament and approved by a

resolution of each House.

 367   OFCOM’s functions under Part 4 of the Enterprise Act 2002

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     (1)    The functions to which subsection (2) applies shall be concurrent functions of

OFCOM and the Office of Fair Trading.

     (2)    This subsection applies to the functions of the Office of Fair Trading under Part

4 of the Enterprise Act 2002 (market investigations) (other than sections 166

and 171) so far as relating to commercial activities connected with

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communications matters.

     (3)    So far as necessary for the purposes of, or in connection with, subsections (1)

and (2), references in Part 4 of the Enterprise Act 2002 to the Office of Fair

Trading (including references in provisions of that Act applied by that Part)

shall be construed as including references to OFCOM except—

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           (a)           in sections 166 and 171; and

           (b)           where the context otherwise requires.

 

 

Communications Bill
Part 5 — Competition in communications markets
Chapter 1 — Functions of OFCOM under competition legislation

    326

 

     (4)    In subsection (2) the reference to activities connected with communications

matters, so far as it is a reference to activities connected with any apparatus

falling within paragraph (d) of section 366(1), includes a reference to—

           (a)           the supply and export of any such apparatus; and

           (b)           the production or acquisition of any such apparatus for supply or

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export.

     (5)    Before the Office of Fair Trading or OFCOM first exercises in relation to any

matter functions which are exercisable concurrently by virtue of this section,

that person shall consult the other.

     (6)    Neither the Office of Fair Trading nor OFCOM shall exercise in relation to any

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matter functions which are exercisable concurrently by virtue of this section if

functions which are so exercisable have been exercised in relation to that

matter by the other.

     (7)    It shall be the duty of OFCOM, for the purpose of assisting the Competition

Commission in carrying out an investigation on a reference made to them by

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OFCOM by virtue of subsection (1), to give to the Commission—

           (a)           any information which is in OFCOM’s possession and relates to

matters falling within the scope of the investigation and—

                  (i)                 is requested by the Commission for that purpose, or

                  (ii)                is information which, in OFCOM’s opinion, it would be

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appropriate for that purpose to give to the Commission without

any such request;

                         and

           (b)           any other assistance which the Commission may require, and which it

is within OFCOM’s power to give, in relation to any such matters,

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                   and the Commission, for the purposes of carrying out any such investigation,

shall take into account any information given to it for that purpose under this

subsection.

     (8)    If any question arises as to whether, by virtue of this section, any functions fall

to be, or are capable of being, carried out by OFCOM in relation to any

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particular case, that question shall be referred to and determined by the

Secretary of State.

     (9)    No objection shall be taken to anything done under Part 4 of the Enterprise Act

2002 (c. 40) by or in relation to OFCOM on the ground that it should have been

done by or in relation to the Office of Fair Trading.

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     (10)   Section 117 of the Enterprise Act 2002 (offences of supplying false or

misleading information) as applied by section 180 of that Act shall have effect

so far as relating to functions exercisable by OFCOM by virtue of this section

as if the references in section 117(1)(a) and (2) to the Office of Fair Trading

included references to OFCOM.

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     (11)   Subject to subsection (12), section 3 does not apply in relation to anything done

by OFCOM in the carrying out of their functions by virtue of this section.

     (12)   In the carrying out of any functions by virtue of this section OFCOM may

nevertheless have regard to any of the matters in respect of which a duty is

imposed by section 3(1) or (4) if it is a matter to which the Office of Fair Trading

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is entitled to have regard in the carrying out of those functions.

 

 

 
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