Broadcasting Act 1990 (c. 42)

Part III U.K. Independent Radio Services

Modifications etc. (not altering text)

C1 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)

Chapter I U.K. Regulation by Authority of Independent Radio Services Generally

General provisions about licences U.K.

86 Licences under Part III. U.K.

(1) A licence shall be in writing and (subject to the provisions of this Part) shall continue in force [F1 (subject to a suspension of the licence under section 111B)—

(a) in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and

(b) in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.]

(2) A licence may be granted by [F2 OFCOM] for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified; and (without prejudice to the generality of the preceding provision) a licence may be so granted for the provision of a service which to any extent consists in the simultaneous broadcasting of different programmes on different frequencies.

[F3 (3) A licence to provide a local or national service or to provide an additional service must specify a period of no more than twelve years as the period for which it is to be in force.]

(4) [F2 OFCOM] —

(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).

[F4 (4A) Where [F2 OFCOM] are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.]

(5) [F2 OFCOM] may vary a licence by a notice served on the licence holder if—

(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to [F2 OFCOM] about the variation.

(6) Paragraph (a) of subsection (5) does not affect the operation of section 110(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).

(7) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of [F2 OFCOM] .

(8) Without prejudice to the generality of subsection (7), [F2 OFCOM] shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

[F5 (9) The holding of a licence by a person shall not relieve him of—

(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]

Textual Amendments

F1 Words in s. 86(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 86 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 S. 86(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 S. 86(4A) inserted (24.7.1996) by 1996 c. 55, s. 136, 149(1)(f), Sch. 8 para. 5 (with s. 43(1)(6))

F5 S. 86(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)