OpenLegislation

Section 109 Power to require scripts etc. or broadcasting of correction or a statement of findings.C3C1C2

United Kingdom

(1)

If F1OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may serve on him a notice—

(a)

stating that OFCOM are so satisfied as respects any specified condition or direction;

(b)

stating the effect of subsection (2); and

(c)

specifying for the purposes of that subsection a period not exceeding twelve months.

(2)

If, at any time during the period specified in a notice under subsection (1), OFCOM are satisfied that the licence holder has again failed to comply with any such condition or direction as is mentioned in that subsection (whether or not the same as the one specified in the notice), OFCOM may direct him—

(a)

to provide OFCOM in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and

(b)

in relation to such of those programmes as will consist of or include recorded matter, to produce to OFCOM in advance for examination or reproduction such recordings of that matter as are so specified;

and a direction under this subsection shall have effect for such period, not exceeding six months, as is specified in the direction.

(3)

If OFCOM are satisfied—

(a)

that the holder of a licence has failed to comply with any condition of the licence, and

(b)

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F2a statement of findings (or both) under this subsection,

they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction or a statement of findings (or both) in such form, and at such time or times, as they may determine.

(4)

OFCOM shall not give any person a direction under subsection (3) unless they have given him a reasonable opportunity of making representations to OFCOM about the matters complained of.

(5)

Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under subsection (3), he may announce that he is doing so in pursuance of such a direction.

(6)

F3For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.

Annotations

Textual amendments

F1

Words in ss. 109-111A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 50 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2

Words in s. 109 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3

S. 109(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications

C1

S. 109 applied (with modifications) (1.10.1996) by 1996 c. 55, ss. 62(10), 66(10) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

C2

Ss. 109-111A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 250(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3

Pt. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C4

S. 109(3) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 2(b) (with art. 5)