Office of Public Sector Information
PART III continued
(1) Where—
(a) a local licence is due to expire (otherwise than by virtue of section 110),
(b) the local service provided under the licence falls within category B, C or D of the Table in paragraph 9 of Part III of Schedule 2, and
(c) the Authority propose to grant a further licence to provide the service in question,
the Authority may if they think fit publish a notice under subsection (2) instead of a notice under section 104(1).
(2) A notice under this subsection is a notice—
(a) stating that the Authority propose to grant a further licence to provide a specified local service,
(b) specifying the area or locality in the United Kingdom for which the service is to be provided,
(c) inviting declarations of intent to apply for a licence to provide the service,
(d) specifying the closing date for such declarations, and
(e) specifying—
(i) the application fee payable on any declaration made in pursuance of the notice, and
(ii) a deposit of such amount as the Authority may think fit.
(3) A declaration of intent made in pursuance of a notice under subsection (2) must be in writing and accompanied by the application fee and deposit specified under subsection (2)(e)(i) and (ii).
(4) Where the Authority receive a declaration of intent in accordance with the provisions of this section from a person other than the licence holder in relation to the service in question, they shall—
(a) publish a notice under section 104(1),
(b) specify—
(i) in relation to persons who have made a declaration of intent in accordance with the provisions of this section, no further application fee, and
(ii) in relation to all other applicants, an application fee of the same amount as the fee referred to in subsection (2)(e)(i), and
(c) repay the deposit referred to in subsection (2)(e)(ii) to every person—
(i) who has made a declaration of intent in accordance with the provisions of this section, and
(ii) who duly submits an application in pursuance of the notice referred to in paragraph (a).
(5) Where the Authority receive a declaration of intent in accordance with the provisions of this section from the licence holder in relation to the service in question, and no such declaration from any other person, they shall—
(a) invite the licence holder to apply for the licence in such manner as they may determine (but without requiring any further application fee), and
(b) on receiving an application duly made by him, repay to him the deposit referred to in subsection (2)(e)(ii).
(6) The Secretary of State may by order amend subsection (1) by removing any of the categories of local service for the time being specified in that subsection, or by substituting for any of such categories any one or more categories of local service set out in the Table in paragraph 9 of Part III of Schedule 2.
(7) Any order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(2) In section 104 of the 1990 Act (applications for licences other than national licences), subsections (5) and (6)(a) shall cease to have effect.
(1) Section 183 of the 1990 Act (financing of television programmes in Gaelic out of Gaelic Television Fund) is amended as mentioned in subsections (2) to (6).
(2) In subsection (2), for “Gaelic Television Fund” there is substituted “Gaelic Broadcasting Fund”.
(3) In subsection (3), for “Comataidh Telebhisein Gaidhlig (the Gaelic Television Committee)” there is substituted “Comataidh Craolaidh Gaidhlig (the Gaelic Broadcasting Committee)”.
(4) After subsection (3) there is inserted—
“(3A) Before making any appointment under subsection (3) the Commission shall consult the Radio Authority.”.
(5) In subsection (4), in each of paragraphs (a)(i) and (b), after “television” there is inserted “and sound”.
(6) In subsection (6)—
(a) after “will” there is inserted “—
(a)”; and
(b) for “but” there is substituted—
“(b) widen the range and improve the quality of sound programmes in Gaelic that are broadcast for reception in Scotland;
but”.
(7) In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there is inserted at the appropriate place—
“Comataidh Craolaidh Gaidhlig”.
After section 111A of the 1990 Act there is inserted—
(1) If the Authority are satisfied—
(a) that the holder of a licence to provide a satellite service has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder,
(b) that he has thereby failed to comply with the condition included in the licence in pursuance of section 90(1)(a), and
(c) that the failure is such as to justify the revocation of the licence,
they shall serve on the holder of the licence a notice under subsection (2).
(2) A notice under this subsection is a notice—
(a) stating that the Authority are satisfied as mentioned in subsection (1),
(b) specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection,
(c) stating that the Authority may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder,
(d) informing the licence holder of his right to make representations to the Authority within that period about the matters complained of, and
(e) suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or the Authority decide not to revoke the licence.
(3) If the Authority, having considered any representations about the matters complained of made to them within the period referred to in subsection (2)(c) by the licence holder, are satisfied that it is necessary in the public interest to revoke the licence in question, they shall serve on the licence holder a notice revoking the licence.
(4) A notice under subsection (3) shall not take effect until the end of the period of twenty-eight days beginning with the day on which that notice was served on the licence holder.
(5) Section 111 shall not have effect in relation to the revocation of a licence in pursuance of a notice under subsection (1).”
Broadcasting Act 1996