Broadcasting Act 2009

147

Statutory declaration.

147.— (1) An officer of an issuing agent may, if and whenever he or she thinks proper so to do, cause a special notice in writing (accompanied by or having annexed to it a form of declaration) to be given personally to, or be served by registered post on, any person requiring that person, within 28 days after the service of the notice on him or her—

(a) to state on the form of declaration such one or more of the matters mentioned below as specified in the notice,

(b) to sign and otherwise complete the declaration, and

(c) to give it or send it by post to a specified officer of the issuing agent.

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he or she does or does not keep or has or has not in his or her possession a television set,

(b) if he or she keeps or has in his or her possession a television set, the premises or specified place at which he or she keeps or has the same,

(c) whether he or she has or has not a television licence then in force,

(d) if he or she has such a licence, the number, date or other identifying information in respect of such licence, and

(e) any other matter relating to the possession of a television set or any apparatus used in conjunction with it.

(3) Every person on whom a notice is duly served under this section shall within the time mentioned duly and correctly complete in accordance with the notice and this section the form of declaration accompanying or annexed to the notice and give or send the declaration to the officer named in that behalf in the notice. If the person makes in it any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) Where a person fails or neglects, within 28 days of service, to duly complete the form of declaration accompanied or annexed to a notice given or sent to him, it shall be presumed, unless the contrary is shown, that he or she keeps or has possession of a television set at the premises or specified place to which the notice relates and a television licence is not in force in relation to the premises or specified place authorising the keeping or having possession of a television set at the premises or specified place.

(5) On the passing of this Act section 7 of the Act of 1926 does not apply to television sets.

Annotations

Editorial Notes:

E33

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.