Broadcasting Act 1990, Section 97 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subject to subsection (2), any person who provides any [F1relevant regulated radio service] without being authorised to do so by or under a licence under this Part [F2or Part II of the Broadcasting Act 1996] shall be guilty of an offence.
[F3(1A)In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.]
(2)The Secretary of State may, after consultation with [F4OFCOM], by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.
(3)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(4)No proceedings in respect of an offence under this section shall be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(5)Without prejudice to subsection (3) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
(6)Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 97(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in S. 97(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 7(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1
F3S. 97(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 97(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Modifications etc. (not altering text)
C1S. 97(1) excluded by S.I. 1990/2536, art. 2(1)
C2S. 97(1) excluded (19.3.2007) by The Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 (S.I. 2007/272), arts. 1(1), 2
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