(1)If the Commission—
(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 [F1or subsection (1) 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 the Commission.
(2)If the Commission are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F2or subsection (1) 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 the Commission to be misled,
they may require him to pay, within a specified period, a specified financial penalty to the Commission.
[F3(2A)Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with subsection (1) of section 101B, the Commission shall consult such persons (who may include competent authorities in other EEA States) as appear to the Commission 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 the Commission 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 the Commission receive any amount payable to them by virtue of subsection (1) or (2), that amount shall not form part of the revenues of the Commission but shall be paid into the Consolidated Fund.
(7)Any amount payable by any person to the Commission 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(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)
F2Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)
F3S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)