HOLDER OF CHANNEL 3 LICENCE TO GIVE SECURITY AGAINST FAILURE TO MAINTAIN PROPOSED SERVICE (Hansard, 9 May 1990)

HC Deb 09 May 1990 vol 172 cc295-6 295

§ Amendments made: No. 370, in page 16, line 31, leave out from beginning to 'and' in line 32.

§ No. 371, in line 33, leave out from 'effect' to end of line 36 and insert 'as if he had not made an application for the licence.'.

§ No. 372, in line 37, leave out subsection (4) and insert— '(4) If at any time after a Channel 3 licence has been granted to any person but before the licence has come into force—

(a) that person indicates to the Commission that he does not intend to provide the service in question, or
(b) the Commission for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,

then, subject to the subsection (4A)—

(i) the Commission shall revoke the licence,
(ii) the whole, or (if the Commission so determine) a specified part, of any security given by that person under this section shall be forfeited to the Commission, and
(iii) section 17 shall have effect as if he had not made an application for the licence.

§ (4A) Subsection (4) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless the Commission have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

§ (4B) Where the Commission propose to revoke under subsection (4) a licence to provide a regional Channel 3 service, they may invite the holder of any other such licence to provide his licensed service additionally for the area for which the first mentioned service is to be provided; and, where the holder of any such licence agrees to provide his licensed 296 service for that area, the Commission shall authorise him to do so, during such period as they may determine, by means of a variation of his licence to that effect.'.—[Mr. Mellor.]