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Re: TV licence

"Spike" <Aero.Spike@S&T.invalid> wrote in message
news:t2b9q39vbpf6nllkctl516cje35d88cebb@4ax.com...
>
> Dover navigator wrote:
>
>>
>>"Spike" <Aero.Spike@S&T.invalid> wrote in message
>>news:b999q31qrqgmr4b6gk64abp12rem38vpnq@4ax.com...
>>>
>>> Dover navigator wrote:
>>>
>>>>I have read the relevent parts of the Act and it is a question of
>>>>interpretation which is what the Courts are for.
>>>
>>> You are making things up again.
>>
>>It is the function of the Courts to interpret the law. Their duty is to
>>look
>>at what is written down and act on that. It is called interpretation. That
>>is why so many of the so called laws passed by the present Government have
>>been blown apart either because they were illegal from the start or had
>>holes in the way they were drafted.
>
> Try and stay with this one Act.

I am but I do not know, and I suspect neither do you, of any actual case
involving the issue that we are talking about actually being taken to
Court.. If that is right then it is always open for a case to come to Court
so that a definitive answer is given. Until then there will always be two
points of view one which you are taking and another which I am.
>
>>> The Act allows the act of 'installing'. That is all it says on the
>>> subject.
>>>
>>> It makes no reference to 'uninstalling', and no case law makes it so.
>>>
>>> No-one has been punished for keeping an installation installed that
>>> was legally installed originally.
>>>
>>That may be so but it is not neccessarily legal to do it.
>
> Yes it is legal to do it, because there is no law or case law to say
> it isn't.
Just because no-one has been prosecuted does not mean that something is
legal. It only means that no-one has been prosecuted. My interpretation of
the Act is that, if a licence expires then it is not legal for that
installation to remain.  If it does then it is an offence. You don't agree.
That does not make me right and you wrong or vice versa. Until the matter
has actually been clarified it will remain a 'Grey' area.
>
>>>>You make your point that
>>>>the Act does not mention uninstalling and I interpret that in another
>>>>way.
>>>
>>> No-one is in the least bit interested in your intepretation, as it is
>>> irrelevant.
>>
>>You speak for yourself only. Don't put words into the mouths of those that
>>can speak and write for themselves.
>
> Your interpretation has no relevance to the subject.

My interpretation is my own affair. Yours is yours. It is your
interpretation of the meaning of the Act we are discussing. I do not accuse
you of having irrelevent comments.Please do me the same courtesy.
>
>>>>What's wrong with that ? As far as I am concerned it is a hypothetical
>>>>issue. If it wasn't then I am sure someone would have come along and
>>>>quoted
>>>>a proper court case where the issue would have been clarified, as all
>>>>Acts
>>>>of Parliament are eventually.
>>>
>>> There is nothing in the Act to 'clarify'. The Act does not require
>>> 'uninstalling', so no court action or other legal sanction can be
>>> brought to bear because of it.

Of course it can. There is a grey area surrounding whether an installation
whether used or not requires a licence. Just because is was once installed
legally does not necessarily mean it remains so after a licence has expired.
Your interpretation is that it is legal. Mine is that it is not.

>>>
>>> If it was, it would be declared 'unlawful' on appeal.
>>
>>Acts of Parilament are always subject to scrutiny. When the first case of
>>its kind comes to court there are always lawyers who make their living out
>>of looking at the relevent Acts and making their interpretations and
>>hoping
>>to pursuade a Court to agree with them.  >
>>DN
>
> Doubtless. But this Act is well removed in time from its first airing
> in court.
> --
As I have said I still wait to hear from anyone who has heard of any case
which has been brought to Court for this very issue.
DN

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