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Broadcasting Act 1990, Section 89 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to subsection (2), a person shall be disqualified for holding a licence under this Part if within the last five years he has been convicted of—
[F1(a)an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);]
[F1(aa)an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);]
[F1(ab)an offence under section 37 or 38 of that Act (unlawful broadcasting offences);]
[F1(b)an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or]
(c)an offence under section 97 below.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is [F3concerned in—
(a)the provision of the licensed service or the making of programmes included in it; or
(b)the operation of [F4a wireless telegraphy station] used for broadcasting the service.]
Textual Amendments
F1S. 89(1)(a)(aa)(ab)(b) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 12(2)
F2S. 89(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3Words in s. 89(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 36(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 89(3)(b) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 12(3)
Modifications etc. (not altering text)
C1Pt. III: 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)
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