Broadcasting Act 1990

Enforcement of licences U.K.

81 Enforcement of local delivery licences. U.K.

(1) Subject to subsections (2) and (4), sections 41 and 42 shall apply in relation to a local delivery licence as they apply in relation to a licence to provide a Channel 3 service.

(2) In its application in relation to a local delivery licence—

(a) section 41 shall have effect—

(i) with the substitution in subsection (2) of “section 77(2)” for “ section 19(2) to (6) ”, and

(ii) with the omission of subsection (5); and

(b) section 42 shall have effect with the omission of subsection (7);

and the reference to Part I of this Act in subsection (1) of each of those sections shall be construed as including a reference to this Part of this Act.

[F1 (2A) Where the Commission—

(a) serve a notice on a BBC company under any provision of section 41 or 42 (as applied by subsection (1)), or

(b) receive any representations from a BBC company under section 40(2), 41(3) or 42(8) (as so applied),

the Commission shall send a copy of the notice or representations to the Secretary of State.]

(3) A local delivery licence shall include a condition requiring the licensed service to be established by the licence holder in accordance with the timetable indicated in the technical plan submitted under section 74(3)(b).

(4) The Commission shall not revoke any local delivery licence under section 42 (as applied by subsection (1) above) by reason of the failure of the licence holder to comply with any such condition as is mentioned in subsection (3) above unless they are satisfied, after consulting the Secretary of State and the Director General of Telecommunications, that it would have been reasonably practicable for the licence holder to comply with it.

Textual Amendments

F1 S. 81(2A) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(f), Sch. 8 para. 4 (with s. 43(1)(6))