108. Offence of providing false information to Ofcom in connection with licensing.

A person who, in connection with an application by him for, or his continued holding of, a licence under the Broadcasting Act 1990 or the Broadcasting Act 19961:


    (1)     makes a statement to Ofcom2 which he knows to be false in a material particular3, or recklessly makes a statement to Ofcom which is false in a material particular4; or


    (2)     withholds any information with the intention of causing Ofcom to be misled5,

is guilty of an offence if the statement made under head (1) above relates to a matter which would be relevant, or if the information withheld under head