F1C2Part I Independent Television Services

Annotations:
Amendments (Textual)
F1

Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1

Modifications etc. (not altering text)
C2

Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2Chapter II Television Broadcasting on Channels 3, 4 and 5

Enforcement of licences

C2C340C2 Power to direct licensee to broadcast correction or F2a statement of findings or not to repeat programme.

C1C41

If F4OFCOM are satisfied—

a

that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and

b

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F2a statement of findings (or both) under this subsection,

they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or F2a statement of findings (or both) in such form, and at such time or times, as they may determine.

C12

F4OFCOM shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

C13

Where the holder of a licence includes a correction or F2a statement of findings in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.

C14

If F4OFCOM are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.

5

This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.

F36

For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.