103 Report to Secretary of State.U.K.
(1)If [F1OFCOM] —
(a)are satisfied that a broadcasting body 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 the body to have complied with that subsection,
they shall make a report on the matter to the Secretary of State.
(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]], a broadcasting body 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 shall make a report on the matter to the Secretary of State.
[F6(2A)Before reporting to the Secretary of State that a broadcasting body has failed to comply with subsection (1) [F7or (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)In this section “broadcasting body” means the BBC or [F9S4C].
Textual Amendments
F1Words in s. 103 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. 103(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(2)
F3Words in s. 103(1) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 14(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. 103(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(3)
F5Words in s. 103(2) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 14(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 103(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(4)
F7Words in s. 103(2A) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 14(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. 103(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 14(3)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in s. 103(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 24; S.I. 2024/858, reg. 2(1)(x)