- Latest available (Revised)
- Original (As enacted)
Broadcasting Act 1996, Section 102 is up to date with all changes known to be in force on or before 17 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)If [F1OFCOM] —
(a)are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection (1) of section 101 [F2or [F3subsection (1) or (1A) of section 101B ]], and
(b)are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,
they may require him to pay, within a specified period, a specified financial penalty to [F1OFCOM] .
(2)If [F1OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F4or [F5subsection (1) or (1A) of section 101B]], the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—
(a)provided them with information which was false in a material particular, or
(b)withheld any material information with the intention of causing [F1OFCOM] to be misled,
they may require him to pay, within a specified period, a specified financial penalty to [F1OFCOM].
[F6(2A)Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with [F7subsection (1) or (1A) of section 101B], [F1OFCOM] shall consult such persons (who may include competent authorities in [F8EEA States or qualifying CTT States)] as appear to [F1OFCOM] to be appropriate.]
(3)The amount of any financial penalty imposed on any person under subsection (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.
(4)In subsection (3)—
(a)“the relevant consideration” means an amount determined by [F1OFCOM] as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and
(b)“the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.
(5)An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Where [F1OFCOM] receive any amount payable to them by virtue of subsection (1) or (2), that amount shall not form part of the revenues of [F1OFCOM] but shall be paid into the Consolidated Fund.
(7)Any amount payable by any person to [F1OFCOM] by virtue of subsection (1) or (2) shall be recoverable by them as a debt due to them from that person.
Textual Amendments
F1Words in s. 102 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)
F3Words in s. 102(1) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)
F5Words in s. 102(2) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)
F7Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: