(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
(9) For the purposes of the application, in relation to the giving of such a notice,
(a) section 391; 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
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,
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.
(4) Regulations under this section may include provision—
(a) for the means by which an entitlement to a concession must be
(b) for the payment of sums by means of an instalment scheme set out in
(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
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
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
(a) that an offence under section 360 has been or is being committed,
(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
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.
(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;
(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.
(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
contravention of a condition of a TV licence relating to interference with
(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.
(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
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
on that person by virtue of a warrant under this section; or
(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—
“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.
(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
(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
(2) In subsection (1), for the definitions of “television dealer”, “television
programme” and “television set” there shall be substituted—
“‘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
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
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
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
for receiving television programmes.
(4) The power to make regulations under this section defining a television receiver
includes power to modify subsection (3).
Competition in communications markets
Functions of OFCOM under competition legislation
366 Matters in relation to which OFCOM have competition functions
(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
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
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)
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
(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
(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
(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—
(a) in sections 166 and 171; and
(b) where the context otherwise requires.
(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
(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
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
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
appropriate for that purpose to give to the Commission without
any such request;
(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,
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
(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
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.
(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.
(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
is entitled to have regard in the carrying out of those functions.