SECURING COMPLIANCE WITH LICENCE CONDITIONS

HC Deb 14 December 1983 vol 50 cc1016-7

'(1) Subject to subsections (3) and (5) and section (Procedural requirements) below, where the Director is satisfied that an operator is not complying with any of the conditions of his licence, the Director shall—

1. (a) by a final order make such provision as is requisite for the purpose of securing compliance with that condition; or
2. (b) by a provisional order make such provision as appears to him so requisite.

(2) Subject to subsection (3) below, where it appears to the Director that an operator is not complying with any of the conditions of his licence, he may by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition.

(3) The Director shall not make a provisional order unless it appears to him requisite to do so.

(4) Subject to subsection (5) and section (Procedural requiremnts) below, the Director shall confirm a provisional order with or without modifications where he is satisfied that, at the time the order was made, the provision made by the order (with any modifications) was requisite for the purpose of securing compliance with the relevant condition.

(5) The duty imposed by subsection (1) or (4) above shall not apply where the Director gives notice that he is satisfied—

1. (a) that the duties imposed on him by section 3 above preclude the making of a final or provisional order or, as the case may be, the confirmation of the provisional order; or
2. (b) that the failure to comply with the relevant condition is of a trivial nature;

and a notice under this subsection shall be given by publication in such manner as the Director considers appropriate and by sending a copy of the notice to the operator.

(6) A final or provisional order—

1. (a) shall require the operator (according to the circumstances of the case) to do, or not to do, a particular thing specified in the order;
2. (b) shall take effect at the end of such period as is reasonable in all circumstances and is determined by or under the order; and
3. (c) may be revoked at any time by the Director.

(7) In this section and sections (Procedural requirements), 17 and 18 below—

• "final order" means an order under this section other than a provisional order;
• "operator" means a person who is authorised by a licence granted under section 7 above to run a telecommunication system;
• "provisional order" means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.'—[Mr. Butcher.]

Brought up, read the First and Second time, and added to the Bill.]