C2Part III Independent Radio Services
C2Chapter II Sound Broadcasting Services
Enforcement of licences
C1C2110C4C2 Power to impose financial penalty or suspend or shorten licence period.
1
If F4OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—
a
a notice requiring him to pay, within a specified period, a specified financial penalty to F4OFCOM;
b
a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years; or
c
a notice suspending the licence for a specified period not exceeding six months.
F11A
The maximum amount which the holder of a national licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) is the maximum penalty given by subsection (1B).
1B
The maximum penalty is whichever is the greater of—
a
£250,000; and
b
5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
1C
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1B)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
1D
Section 102(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1B) or (1C) above.
C33
The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any other licence shall not exceed F2£250,000.
4
F4OFCOM shall not serve on any person such a notice as is mentioned in subsection (1)(a), (b) or (c) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
5
Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F4OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.
6
It is hereby declared that any exercise by F4OFCOM of their powers under subsection (1) of this section in respect of any failure to comply with any condition or direction shall not preclude any exercise by them of their powers under section 109 in respect of that failure.
F37
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Pt. 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)