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Broadcasting Act 1996, Section 102 is up to date with all changes known to be in force on or before 18 July 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)If [F1OFCOM] —
(a)are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection (1) of section 101 [F2or [F3subsection (1) or (1A) of section 101B ]], and
(b)are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,
they may require him to pay, within a specified period, a specified financial penalty to [F1OFCOM] .
(2)If [F1OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F4or [F5subsection (1) or (1A) of section 101B]], the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—
(a)provided them with information which was false in a material particular, or
(b)withheld any material information with the intention of causing [F1OFCOM] to be misled,
they may require him to pay, within a specified period, a specified financial penalty to [F1OFCOM].
[F6(2A)Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with [F7subsection (1) or (1A) of section 101B], [F1OFCOM] shall consult such persons (who may include competent authorities in [F8EEA States or qualifying CTT States)] as appear to [F1OFCOM] to be appropriate.]
(3)The amount of any financial penalty imposed on any person under subsection (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.
(4)In subsection (3)—
(a)“the relevant consideration” means an amount determined by [F1OFCOM] as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and
(b)“the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.
(5)An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Where [F1OFCOM] receive any amount payable to them by virtue of subsection (1) or (2), that amount shall not form part of the revenues of [F1OFCOM] but shall be paid into the Consolidated Fund.
(7)Any amount payable by any person to [F1OFCOM] by virtue of subsection (1) or (2) shall be recoverable by them as a debt due to them from that person.
Textual Amendments
F1Words in s. 102 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)
F3Words in s. 102(1) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)
F5Words in s. 102(2) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)
F7Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
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