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
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