Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p18
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 44176–46930

and
          (ii) the supplementary licence shall be deemed not to expire before that day.
"(15) Where—
     (a) the holder of a supplementary licence lodges with the Tribunal a notice under sub-section (7); and
     (b) the licence is subsequently transferred in accordance with section 89a,

the statement made in the notice has, for the purposes of the application of this section in relation to the licence, the same effect as if it had been made by the holder of the licence for the time being.".

Suspension and revocation
18. Section 88 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) Subject to section 89, the Tribunal may, by notice in writing to the licensee, suspend or revoke a licence where—
     (a) it appears to the Tribunal that it is advisable in the public interest to do so, having regard only to the following matters or circumstances:
          (i) the Tribunal is satisfied that the licensee has failed to comply with the undertaking given under sub-section 86 (10) or 83 (5), as the case may be, in relation to the licence;
          (ii) the Tribunal is satisfied that the licensee—
              (a) is no longer a fit and proper person to hold the licence; or
              (b) no longer has the financial, technical and management capabilities necessary effectively to operate the broadcasting station or television station, as the case may be, to which the licence relates; or
          (iii) the Tribunal is satisfied that a condition of the licence has not been complied with; or
     (b) in the case of a licence for a commercial broadcasting station or a commercial television station or a supplementary licence—the Tribunal is satisfied that the licensee has failed to pay an amount payable by him under the Broadcasting Stations Licence Fees Act 1964 or the Television Stations Licence Fees Act 1964, as the case requires.".

Transfers
19. Section 89a of the Principal Act is amended—
     (a) by inserting after sub-section (1) the following sub-sections:
    "(1a) A person to whom a licensee proposes to transfer the licence shall give an undertaking in writing to the Tribunal in the same terms as an undertaking required to be given under sub-section 83 (5).
    "(1b) Except where sub-section (1f) applies, the Tribunal shall not refuse to give consent to the transfer of a licence unless it has held an inquiry into the transfer of the licence.
    "(1c) Except as provided in sub-sections (1d) and (1f), the Tribunal shall not refuse to give consent to the transfer of a licence.
    "(1d) Subject to sub-section (1b), the Tribunal shall refuse to give consent to the transfer of a licence to a person if—
         (a) the person has failed to give