Broadcasting Act 1996

145 Disqualification for offence of supplying false information, etc. U.K.

(1) Where a person is convicted of an offence under section 144 the court by which he is convicted may make an order (in this section referred to as a “disqualification order”) disqualifying him from holding a licence during a period specified in the order.

(2) The period specified in a disqualification order shall not exceed five years beginning with the date on which the order takes effect.

(3) Where an individual is disqualified from holding a licence by virtue of a disqualification order, any body corporate—

(a) of which he is a director, or

(b) in the management of which he is directly or indirectly concerned,

is also disqualified from holding a licence.

(4) Where the holder of a licence is disqualified by virtue of a disqualification order, the licence shall be treated as being revoked with effect from the time when the order takes effect.

(5) For the purposes of any of the provisions specified in subsection (6) (which relate to the imposition of a financial penalty on the revocation of a licence), a licence which is revoked by virtue of subsection (4) shall be taken to have been revoked by [F1 OFCOM] as mentioned in that provision.

(6) The provisions referred to in subsection (5) are as follows—

(a) section 18(3) of the 1990 Act,

(b) section 101(3) of the 1990 Act,

(c) section 11(5), and

(d) section 53(5).

(7) In sections [F2 5(1)(a) and (2)(db)F3 ... and 88(1)(a) and (2)(db)] of the 1990 Act and sections [F4 5(1)(a) and (2)(db) and 44(1)(a) and (2)(db)] of this Act, the reference to a person who is a disqualified person by virtue of Part II of Schedule 2 to the 1990 Act includes a reference to a person who is disqualified by virtue of a disqualification order.

(8) In this section—

• [F5 “licence” means a licence under Part 1 or 3 of the 1990 Act or under Part 1 or 2 of this Act;]

• F6 ...

Textual Amendments

F1 Words in s. 145(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 140(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 145(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 140(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 145(7) repealed (29.12.2003) by The Media Ownership (Local Radio and Appointed News Provider) Order 2003 (S.I. 2003/3299), arts. 1(2), 13(2)

F4 Words in s. 145(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 140(3)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 145(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 140(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 Words in s. 145(8) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)