78 TV licensing: alternatives to criminal sanctions

78  TV licensing: alternatives to criminal sanctions

(1)     The Secretary of State may by regulations made by statutory instrument—

(a)     replace the TV licensing offences with civil monetary penalties payable to the BBC, or

(b)     amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so as to enable an order to be made under section 36 of that Act conferring power on the BBC to impose in relation to a TV licensing offence—

(i)     a fixed monetary penalty (within the meaning of that Part);

(ii)     a variable monetary penalty (within the meaning of that Part).

(2)     Regulations under subsection (1)(a) may provide for the amount of a monetary penalty to be—

(a)     a fixed amount specified in, or determined in accordance with, the regulations, or

(b)     such amount, not

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