[F1111B Power to suspend licence to provide satellite service.U.K.
(1)If [F2OFCOM] are satisfied—
(a)that the holder of a licence to provide a [F3 radio licensable content service] has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder,
(b)that he has thereby failed to comply with the condition [F4which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and]
(c)that the failure is such as to justify the revocation of the licence,
they shall serve on the holder of the licence a notice under subsection (2).
(2)A notice under this subsection is a notice—
(a)stating that [F2OFCOM] are satisfied as mentioned in subsection (1),
(b)specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection,
(c)stating that [F2OFCOM] may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder,
(d)informing the licence holder of his right to make representations to [F2OFCOM] within that period about the matters complained of, and
(e)suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or [F2OFCOM] decide not to revoke the licence.
(3)If [F2OFCOM], having considered any representations about the matters complained of made to them within the period referred to in subsection (2)(c) by the licence holder, are satisfied that it is necessary in the public interest to revoke the licence in question, they shall serve on the licence holder a notice revoking the licence.
(4)A notice under subsection (3) shall not take effect until the end of the period of twenty-eight days beginning with the day on which that notice was served on the licence holder.
(5)Section 111 shall not have effect in relation to the revocation of a licence in pursuance of a notice under subsection (1).]
Textual Amendments
F1S. 111B inserted (1.11.1996) by 1996 c. 55, s. 96 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2
F2Words in s. 111B substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 51(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3Words in s. 111B(1)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 51(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 111B(1)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 51(3)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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)
C2S. 111B applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 45 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)