Broadcasting Act 1990

1990 c. 42

An Act to make new provision with respect to the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies; to make provision with respect to the provision and regulation of local delivery services; to amend in other respects the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to the supply and use of information about programmes; to make provision with respect to the transfer of the property, rights and liabilities of the Independent Broadcasting Authority and the Cable Authority and the dissolution of those bodies; to make new provision relating to the Broadcasting Complaints Commission; to provide for the establishment and functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to 1967 and the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the Telecommunications Act 1984 to run broadcast relay systems; and for connected purposes.

[1st November 1990] E1

C1 C2 C3 C4 C5BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C49 C91 C104 C105

Annotations:

Extent Information

For extent see s. 204(3)-(5)

Modifications etc. (not altering text)

Act: specified provisions extended (Guernsey) (with modifications) (13.2.1991) and further specified provisions extended (Guernsey) (1.4.1991) by S.I. 1991/191, art. 3, Sch.

Act: specified provisions extended (Jersey) (with modifications) (13.2.1991) and further specified provisions extended (Jersey) (1.4.1991) by S.I. 1991/193, art. 3, Sch.

Act: specified provisions extended (Guernsey) (with modifications) (1.8.1991) by S.I. 1991/1709, art. 3, Sch.

Act: specified provisions extended (Jersey) (with modifications) (1.8.1991) by S.I. 1991/1710, art. 3, Sch.

Act: definition of "relevant programme" applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 53(5), Sch. 6 para 6(13); S.I. 1992/333, art. 2(2), Sch.2

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Act amended (1.4.1997) by 1996 c. 55, s. 124(3); S.I.1997/1005, art. 4

Act to be construed with specified provisions of 1996 c. 55 (1.10.1996 for certain purposes and otherwise 1.4.1997) by virtue of s. 147(2) of that 1996 Act; S.I. 1996/2120, art. 4, Sch. 1; S.I. 1997/1005, art. 4

C49

Act: power to modify conferred (18.9.2003) by Communications Act 2003 (c. 21), ss. 407, 411(2) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

C91

Act applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), art. 4, Sch. (as amended (22.1.2010) by S.I. 2010/118, arts. 3-4 and (27.3.2015) by S.I. 2015/1000, arts. 3-8)

C104

Act applied (with modifications) (5.12.2012) by The Community Radio (Guernsey) Order 2012 (S.I. 2012/2690), arts. 4, 5, Sch.

C105

Act modified (Guernsey) (19.3.2013) by The Community Radio (Guernsey) Order 2013 (S.I. 2013/243), arts. 5, 6, Sch. Pt. 1

F20 C58Part I Independent Television Services

Annotations:

Amendments (Textual)

F20

Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1

Modifications etc. (not altering text)

C58

Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C58Chapter 1 Regulation by Commission of Television Services Generally

Establishment of Independent Television Commission

F1131 The Independent Television Commission.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Function of Commission

F1142 Regulation by Commission of provision of television services.

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General provisions about licences

3C58 Licences under Part I.

1

Any licence granted by F115OFCOM under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of F116 Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003.

2

A licence may be so granted for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified.

3

F115OFCOM —

a

shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

b

shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).

F13A

Where F115OFCOM are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.

4

F115OFCOM may vary a licence by a notice served on the licence holder if—

a

in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

b

in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to F115OFCOM about the variation.

5

Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 19(1) or 52(1) or in pursuance of any other provision of this Part which applies section 19(1).

6

A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of F115OFCOM .

7

Without prejudice to the generality of subsection (6), F115OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

F1178

The holding by a person of a licence under this Part shall not relieve him of—

a

any liability in respect of a failure to hold F509a licence under section 8 of the Wireless Telegraphy Act 2006; or

b

any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

is required by virtue of any condition F122contained in the licence to provide F118OFCOM with any information, and

b

in purported compliance with that condition provides them with information which is false in a material particular,

he shall be taken for the purposes of sections 41 and 42 F123or (as the case may be) sections 237 and 238 of the Communications Act 2003 (enforcement of television licensable content service licences) to have failed to comply with that condition.

6

Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

C475C58 Restrictions on the holding of licences.

C61

F155OFCOM shall do all that they can to secure—

C7a

that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

F147b

that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

c

that those requirements are not contravened in the case of a person who already holds a licence.

2

F155OFCOM may accordingly—

a

require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—

i

whether he is such a disqualified person as is mentioned in subsection (1)(a),

ii

whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and

iii

if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;

b

revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

c

make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

d

impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting—

i

shareholdings in the body, or

ii

the directors of the body,

where such proposals are known to the body;

F148da

impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

i

shareholdings in the body; or

ii

the directors of the body;

db

impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

i

whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

ii

whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;

they have also given him an opportunity of complying with F150the requirements imposed by or under Schedule 14 to the Communications Act 2003, within a period specified in the notification, and

ii

the period specified in the notification has elapsed.

6A

A relevant change falls within this subsection if it consists only in one or more of the following—

F151a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a change in the national market share (within the meaning of F152Part 1 of Schedule 14 to the Communications Act 2003 ) of one or more national newspapers (within the meaning of that Part of that Schedule);

c

a change in the local market share F562... in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).

F5616AA

For the purposes of this section, the local market share of a local newspaper in any area at any time is the percentage of the total number of copies of all local newspapers sold in that area in the relevant six months which is represented by the total number of copies of that newspaper sold in that area in that six months.

6AB

In subsection (6AA) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question.

6AC

For the purposes of subsection (6AA), the number of copies of a newspaper sold in a particular area during any period may be taken to be such number as is estimated by OFCOM—

a

in such manner, or

b

by reference to such statistics prepared by any other person,

as they think fit.

6AD

In relation to a newspaper which is distributed free of charge (rather than sold), references in this section to the number of copies sold include references to the number of copies distributed.

F1536B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46C

F155OFCOM shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change..

F46D

Where F155OFCOM receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.

7

In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means—

a

any change affecting the nature or characteristics of the body, or

b

any change in the persons having control over or interests in the body, F5or

c

any other change giving rise to F154a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003

being F6(in any case) a change which is such that, if it fell to F155OFCOM to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.

General provisions about licensed services

F4366 General requirements as to licensed services.

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F4367 General code for programmes.

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F4368 General provisions as to advertisements.

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F4369 Control of advertisements.

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F43610 Government control over licensed services.

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F43611 Monitoring by Commission of programmes included in licensed services.

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F43612 Audience research.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on providing unlicensed television services

C813 Prohibition on providing television services without a licence.

C91

Subject to subsection (2), any person who provides any F125relevant regulated television service without being authorised to do so by or under a licence under this Part F7or Part I of the Broadcasting Act 1996 shall be guilty of an offence.

F1241A

In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.

2

The Secretary of State may, after consultation with F126OFCOM , by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

3

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

4

No proceedings in respect of an offence under this section shall be instituted—

a

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

5

Without prejudice to subsection (3), compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

6

Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

C58Chapter II Television Broadcasting on Channels 3, 4 and 5

Channel 3

14C58 Establishment of Channel 3.

1

F127OFCOM shall do all that they can to secure the provision, in accordance with this Chapter, of a nationwide system of television broadcasting services to be known as Channel 3.

2

Subject to subsection (5), Channel 3 shall be structured on a regional basis, with each of the services comprised within it (“Channel 3 services”) being provided for such area in the United Kingdom as F127OFCOM may determine in the case of that service.

3

If it appears to F127OFCOM that it would be appropriate for a particular Channel 3 service to do so, they may determine that the service shall include the provision of different programmes—

a

for such different parts of the area for which it is provided, or

b

for such different communities living within that area,

as they may determine.

4

If F127OFCOM so determine in the case of a particular Channel 3 service, that service shall be provided for a particular area only between such times of the day or on such days of the week (or both) as F127OFCOM may determine.

5

If F127OFCOM so determine, a Channel 3 service may be provided for two or more areas for which regional Channel 3 services are provided, but any such service may only be so provided between particular times of the day.

6

In this Part—

“regional Channel 3 service” means a Channel 3 service provided for a particular area determined under subsection (2); and
“national Channel 3 service” means a Channel 3 service provided as mentioned in subsection (5).

F5487

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5477A

The areas mentioned in subsection (2) must at all times include at least one area that comprises, or falls entirely within, Scotland.

8

In this section and section 15 “programme” does not include an advertisement.

specifying the manner in which, and the time by which, any such representations are to be so made.

7

In this Part “cash bid”, in relation to a licence, means an offer to pay to F128OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).

C58 C5216C58 Procedure to be followed by Commission in connection with consideration of applications for licences.

1

Where a person has made an application for a Channel 3 licence in accordance with section 15, F134OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 17 unless it appears to them—

a

that his proposed service would comply with the requirements F135that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

i

the public service remit for that service,

ii

programming quotas,

iii

news and current affairs programmes, and

iv

programme production and regional programming, and

b

that he would be able to maintain that service throughout the period for which the licence would be in force,

and any reference to an applicant in section 17 (except in section 17(12)(b)) is accordingly a reference to an applicant in whose case it appears to F134OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F1362

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1363

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In deciding whether an applicant’s proposed service would comply with the requirements F137that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

a

the public service remit for that service,

b

programming quotas,

c

news and current affairs programmes, and

d

programme production and regional programming,

F134OFCOM shall take into account any representations made to them in pursuance of section 15(6)(b) with respect to that service; F138....

F1395

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1396

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1397

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1398

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C67 C58 C5217C58 Award of licence to person submitting highest cash bid.

1

Subject to the following provisions of this section, F140OFCOM shall, after considering all the cash bids submitted by the applicants for a Channel 3 licence, award the licence to the applicant who submitted the highest bid.

2

Where two or more applicants for a particular licence have submitted cash bids specifying an identical amount which is higher than the amount of any other cash bid submitted in respect of the licence, then (unless they propose to exercise their power under subsection (3) in relation to the licence) F140OFCOM shall invite those applicants to submit further cash bids in respect of that licence; and, in relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference in this Part to his cash bid is a reference to that further bid.

3

F140OFCOM may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant.

4

Without prejudice to the generality of subsection (3), F140OFCOM may regard the following circumstances as exceptional circumstances which make it appropriate to award the licence to an applicant who has not submitted the highest bid, namely where it appears to F140OFCOM —

a

that the quality of the service proposed by such an applicant is exceptionally high; and

b

that the quality of that proposed service is substantially higher than the quality of the service proposed—

i

by the applicant who has submitted the highest bid, or

ii

13

In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (12) shall have effect as if—

a

paragraph (b) were omitted; and

b

the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.

14

Subsections (1) to (9) shall not have effect as mentioned in subsection (10) if F140OFCOM decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if F140OFCOM decide that it would be desirable to publish a further notice under this Part in respect of the grant of a further licence to provide the service in question.

C68 C58 C5217AC58F8 Award of Channel 3 licence subject to conditions.

1

F435OFCOM may, when awarding a Channel 3 licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to—

a

any duties which are or may be imposed on them, or on the licence holder, by or under this Act, and

b

any information provided to them under section 15(3)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.

2

Where F435OFCOM determine that any condition imposed by them in relation to a Channel 3 licence in pursuance of subsection (1) has not been satisfied, section 17 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.

3

Section 17 shall not so have effect if F435OFCOM decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.

18C81 C82 C58 Failure to begin providing licensed service and financial penalties on revocation of licence.

1

If at any time after a Channel 3 licence has been granted to any person but before the licence has come into force—

a

that person indicates to F435OFCOM that he does not intend to provide the service in question, or

b

F435OFCOM for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,

then, subject to subsection (2)—

i

F435OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and

ii

section 17 shall (subject to section 17(14)) have effect as if he had not made an application for the licence.

2

Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless F435OFCOM have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

C103

Where F435OFCOM revoke a Channel 3 licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, F142a specified financial penalty.

F1433A

The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).

3B

In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—

a

£500,000; and

b

7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.

3C

In any other case, the maximum penalty is whichever is the greater of—

a

£500,000; and

b

7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.

3D

Section 19(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.

5

Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 68(5), be recoverable by F435OFCOM as a debt due to them from any person who controls that body.

19C58 Additional payments to be made in respect of Channel 3 licences.

1

A Channel 3 licence shall include conditions requiring the licence holder to pay to F435OFCOM (in addition to any fees required to be so paid by virtue of section 4(1)(b))—

a

in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

b

in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

c

in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 15(1)(d)(ii).

C65 C552

For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—

a

in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or

b

in respect of charges made in that period for the reception of programmes included in that service.

C65 C553

If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2)(a), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.

C65 C554

In the case of an advertisement included under arrangements made between—

a

the licence holder or any connected person, and

b

any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.

10

In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between—

a

the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and

b

the retail prices index for the month of November in the year preceding the relevant year;

and for this purpose “the retail prices index” means the general index of prices (for all items) published by the F516Statistics Board.

F14420 Duration and renewal of Channel 3 licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21C58 Restriction on changes in control over Channel 3 licence holder.

1

Where—

a

any change in the persons having control over—

i

a body to which a Channel 3 licence has been awarded or transferred in accordance with this Part of this Act, or

ii

an associated programme provider,

takes place within the relevant period, and

b

that change takes place without having been previously approved for the purposes of this section by F145OFCOM ,

then (subject to subsection (4)) F145OFCOM may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.

2

In subsection (1)—

“associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and F146is or is likely to be involved, to a substantial extent, in the provision of the programmes included in the licensed service; and
“the relevant period”, in relation to a Channel 3 licence, means the period beginning with the date of the award of the licence and ending on the first anniversary of the date of its coming into force;

and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as if a body to which a Channel 3 licence has been awarded but not yet granted were the holder of such a licence.

3

F145OFCOM shall refuse to approve for the purposes of this section such a change as is mentioned in subsection (1)(a)—

a

if it appears to them that the change would be prejudicial to the provision under the licence, by the body referred to in subsection (1)(a)(i), of a service which accords with the proposals submitted under section 15(3)(b) by that body (or, as the case may be, by the person to whom the licence was originally awarded), or

b

it appears to them that the change would be prejudicial to the provision of Channel 3 as such a nationwide system of services as is mentioned in section 14(1);

and F145OFCOM may refuse so to approve any such change if, in any circumstances not falling within paragraph (a) or (b) above, they consider it appropriate to do so.

4

F145OFCOM shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.

5

Where under subsection (1) F145OFCOM refuse to grant a licence to any body, section 17 shall (subject to section 17(14)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 42 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.

F15621A Variation of regional Channel 3 licence following change of control.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22C58 Temporary provision of regional Channel 3 service for additional area.

1

Where it appears to F157OFCOM —

a

that (whether as a result of the revocation of an existing regional Channel 3 licence or for any other reason) there will be, in the case of a particular area determined under section 14(2), a temporary lack of any regional Channel 3 service licensed to be provided for that area, but

b

that it would be reasonably practicable for the holder of a licence to provide a regional Channel 3 service for any other such area to provide his licensed service for the area referred to in paragraph (a) as well,

F157OFCOM may invite the holder of that licence temporarily to provide his licensed service for that additional area.

2

If the holder of that licence agrees so to provide his licensed service, F157OFCOM shall authorise the provision of that service for the additional area in question, during such period as they may determine, by means of a variation of the licence to that effect.

Channel 4

C58 C5923C58 The Channel Four Television Corporation.

1

There shall be a corporation to be called the Channel Four Television Corporation (in this Part referred to as “the Corporation”).

2

F1616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16225 Conditions to be included in Channel 4 licence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16326 Revenue deficits of Corporation to be funded by Channel 3 licensees.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16427 Application of excess revenues of Corporation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Channel 5

28 Channel 5.

1

F165OFCOM shall do all that they can to secure the provision of a television broadcasting service for any such minimum area of the United Kingdom as may be determined by them in accordance with subsection (2); and any such service shall be known as Channel 5.

2

In determining the minimum area of the United Kingdom for which Channel 5 is to be provided F165OFCOM shall have regard to the following consideration, namely that the service should, so far as is reasonably practicable, make the most effective use of the frequencies on which it is to be provided.

3

If F165OFCOM so determine, Channel 5 shall be provided under a particular licence only between such times of the day or on such days of the week (or both) as they may determine.

4

Where F165OFCOM have granted a licence to provide Channel 5, they may, if it appears to them to be appropriate to do so in view of any lack of facilities available for transmitting the service, dispense with any requirement to provide the service for such part of the area referred to in subsection (2) as they may determine; and any such dispensation shall have effect for such period as they may determine.

29 Application to Channel 5 of provisions relating to Channel 3.

1

Subject to subsections (2) and (3), sections 15 to 21 shall apply in relation to a Channel 5 licence as they apply in relation to a regional Channel 3 licence.

2

In its application in relation to a Channel 5 licence—

a

section 15(1)(b)(i) shall be read as referring to any such minimum area of the United Kingdom as is determined by F166OFCOM in accordance with section 28(2); F167...

F167b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1683

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43430 Initial Channel 5 licensee required to retune equipment susceptible to interference.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of news programmes

F43431 Provision of news on Channels 3 and 5.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43431A Appointment of news provider by holders of regional Channel 3 licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43432 Nomination of bodies to provide news for regional Channel 3 services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions relating to Channels 3, 4 and 5

F43433 Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43434 Schools programmes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43435 Subtitling for the deaf.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43436 Party political broadcasts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37C58 Announcements of programme schedules.

1

Any Channel 3 licence or licence to provide Channel 4 may include conditions requiring the licence holder to include in the licensed service such announcements concerning relevant programme schedules as F169OFCOM may determine.

2

In this section “relevant programme schedules” means—

a

in relation to a Channel 3 licence, programme schedules for programmes to be broadcast on Channel 4 and, where any part of the area for which the licensed service is to be provided is in Wales, programme schedules for programmes to be broadcast on S4C; and

b

in relation to the licence to provide Channel 4, programme schedules for programmes to be included in any Channel 3 service.

38C58 Promotion of equal opportunities in relation to employment by licence holder.

1

b

any such arrangements are so made but cease to be in force at any time before 1st January 1995,

the Commission may themselves draw up such networking arrangements as they consider appropriate; and, if they do so—

i

they shall notify all the holders of regional Channel 3 licences of those arrangements, and

ii

those arrangements shall (subject to subsection (6)) come into force on a date determined by the Commission;

and each regional Channel 3 licence shall include conditions requiring the licence holder to give effect to any arrangements made by the Commission under this subsection as for the time being in force.

6

No arrangements made by the Commission under subsection (5) shall come into force at any time after 31st December 1994.

7

Where—

a

any such arrangements have come into force in accordance with subsection (6), but

b

any networking arrangements are subsequently—

i

entered into by all the holders of regional Channel 3 licences, and

ii

they shall, as soon as reasonably practicable after giving their approval or (as the case may be) that notification—

i

publish details of the arrangements or modification in such manner as they consider appropriate, and

ii

comply with the appropriate requirement specified in subsection (12)(a) or (b).

12

The appropriate requirement referred to in paragraph (ii) of subsection (11) is—

a

in the case of any such arrangements as are referred to in paragraph (a) or (b) of that subsection, to refer those arrangements to F108the Office of Fair Trading, and

b

in the case of any such modification as is so referred to, to inform F110it of that modification;

and Schedule 4 to this Act shall have effect with respect to any reference made under paragraph (a) above and matters arising out of any such reference, including the subsequent modification of the arrangements to which it relates.

13

In this section “the relevant date” means the date which the Commission determine to be that by which any such arrangements as are mentioned in subsection (4) would need to have been made by the holders of regional Channel 3 licences in order for the arrangements to be fully in operation at the time when those persons begin to provide their licensed services.

Enforcement of licences

C58 C6940C58 Power to direct licensee to broadcast correction or F170a statement of findings or not to repeat programme.

C11 C951

If F433OFCOM are satisfied—

a

that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and

b

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F170a statement of findings (or both) under this subsection,

they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or F170a statement of findings (or both) in such form, and at such time or times, as they may determine.

C112

F433OFCOM shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

C113

Where the holder of a licence includes a correction or F170a statement of findings in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.

C114

If F433OFCOM are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.

5

This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.

F1716

For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.

41C58 Power to impose financial penalty or shorten licence period.

C971

If F433OFCOM are satisfied that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence or with any direction given by F433OFCOM under or by virtue of any provision of this Part F173, Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003, they may (subject to the following provisions of this section) serve on him—

a

a notice requiring him to pay, within a specified period, a specified financial penalty to F433OFCOM; or

b

a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years.

F1721A

The amount of a financial penalty imposed on a person in pursuance of subsection (1)(a) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

1B

In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

1C

Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.

3

F433OFCOM shall not serve on any person such a notice as is mentioned in subsection (1)(a) or (b) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

4

Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F433OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

5

It is hereby declared that any exercise by F433OFCOM of their powers under subsection (1) of this section in respect of any failure to comply with any condition of a licence shall not preclude any exercise by them of their powers under section 40 in respect of that failure.

6

This section shall apply in relation to Channel 4 as if—

stating that F433OFCOM are satisfied as mentioned in subsection (1);

b

specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and

c

stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, F433OFCOM will revoke his licence under subsection (3).

3

If at the end of the period specified in a notice under subsection (2) F433OFCOM are satisfied—

a

that the person on whom the notice was served has failed to take the steps specified in it, and

b

that it is necessary in the public interest to revoke his licence,

they shall (subject to subsection (8)) serve on that person a notice revoking his licence.

4

If F433OFCOM are satisfied in the case of any Channel 3 or Channel 5 licence—

a

that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and

b

that it is appropriate for them to do so,

they shall (subject to subsection (8)) serve on him a notice revoking his licence.

5

If F433OFCOM are satisfied—

a

that the holder of a Channel 3 or Channel 5 licence provided them, in connection with his application for the licence, with information which was false in a material particular, or

b

that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

they may (subject to subsection (8)) serve on him a notice revoking his licence.

6

Subject to subsection (7), any notice served under subsection (3), (4) or (5) shall take effect as from the time when it is served on the licence holder.

7

If it appears to F433OFCOM to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.

8

F433OFCOM shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

F11Chapter IIA Restricted services

Annotations:

Amendments (Textual)

F11

Chapter heading and Ss. 42A, 42B inserted (1.4.1997) by 1996 c. 55, s. 85 (with s. 43(1)(6)); S.I. 1997/1005, art. 4

42A Restricted services.

In this Part “restricted service” means a service which—

a

consists in the broadcasting of television programmes for a particular establishment or other defined location, or a particular event, in the United Kingdom,F175...

F175b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42B Licensing etc. of restricted services.

1

An application for a licence to provide a restricted service shall be made in such manner as F177OFCOM may determine, and shall be accompanied by such fee (if any) as F177OFCOM may determine.

2

Subject to F178subsections (3) to (3C), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.

3

In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of F179subsections (1A) to (1C); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section F180is the maximum penalty given by subsection (3A).

F1763A

The maximum penalty is whichever is the greater of—

C89a

£250,000; and

b

5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

3B

In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

3C

Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.

F447Chapter III Satellite Television Services

Annotations:

Amendments (Textual)

F447

Pt. I Ch. III repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F44743 Satellite television services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F447 F1244 Licensing etc. of domestic satellite services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44745 Licensing etc. of satellite television services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44745A Special power of revocation and suspension on certain grounds in case of licence to provide satellite television service.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F448Chapter IV. Licensable Programme Services

Annotations:

Amendments (Textual)

F448

Pt. I Ch. IV repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F44846 Licensable programme services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44847 Licensing etc. of licensable programme services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C58Chapter V Additional Services Provided on Television Broadcasting Frequencies

48C58 Additional services.

1

In this Part “additional service” means any service which consists in the sending of F103electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any television broadcasting service provided—F182 on a relevant frequency.

2

For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be—F183any part of the signals which—

a

is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and

b

is determined by OFCOM to be available for the provision of additional services;

and references in this Part to spare capacity shall be construed accordingly.

F1812A

For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.

3

F184OFCOM shall, when determining under subsection F185(2)(b) the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency, have regard—

F186a

to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and

aa

to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—

i

are ancillary to programmes included in the service and directly related to their contents; or

ii

relate to the promotion or listing of such programmes.

4

A person holding a licence to provide a Channel 3 service or Channel 4 or 5 shall be taken for the purposes of this Part to be authorised by his licence—

F187a

to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and

b

to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).

F1885

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1896

In this section—

“electronic signals” means signals within the meaning of section 32 of the Communications Act 2003;

“relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.

49C58 Licensing of additional services.

1

Subject to subsection (2), F190OFCOM shall do all that they can to secure that, in the case of each F192relevant frequency, all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by F190OFCOM in accordance with this section.

F1911A

An additional services licence is not required for an additional service that is comprised in the public teletext service (within the meaning of Part 3 of the Communications Act 2003).

4

An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.

5

An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as F190OFCOM may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.

6

Subsection (5) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act.

7

Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.

8

Every licence under this Part to provide a television broadcasting service shall include such conditions as appear to F190OFCOM to be appropriate for securing that the licence holder grants—

a

to any person who holds a licence to provide additional services on the frequency on which that broadcasting service is provided, and

b

to any person who is authorised by any such person as mentioned in subsection (5) to provide additional services on that frequency,

access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.

9

Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (8) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by F190OFCOM .

10

In this Part “additional services licence” means a licence to provide additional services F193and “relevant frequency” has the same meaning as in section 48.

such other information connected with his application as F196OFCOM consider appropriate.

F1947

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51C58 Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences.

1

Where a person has made an application for an additional services licence in accordance with section 50, F212OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them—

F213a

that the technical plan submitted under section 50(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and

b

that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;

and any reference to an applicant in section 17 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to F212OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F2142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Subject to subsection (4), F13section s17 and 17A shall apply in relation to an additional services licence as F13they apply in relation to a Channel 3 licence.

4

In the application of section 17 in relation to an additional services licence—

a

the provisions of subsection (4) down to the end of paragraph (b) shall be omitted;

b

in subsection (7)(a), the reference to section 19(1) shall be construed as a reference to section 52(1); and

c

subsection (12) shall have effect with the substitution of the following paragraph for paragraph (b)—

b
the name of every other applicant in whose case it appeared to F212OFCOM that the requirement specified in section 51(1)(a) was satisfied;

5

If at any time after an additional services licence has been granted to any person but before the licence has come into force—

a

that person indicates to F212OFCOM that none of the services in question will be provided once the licence has come into force, or

b

F212OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

i

F212OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and

ii

section 17 (as applied by subsection (3) above) shall, subject to section 17(14), have effect as if he had not made an application for the licence.

6

Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless F212OFCOM have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

F2157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52C58 Additional payments to be made in respect of additional services licences.

1

An additional services licence shall include conditions requiring the licence holder to pay to F216OFCOM (in addition to any fees required to be so paid by virtue of section 4(1)(b))—

a

in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

b

in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

b

the last complete accounting period of his falling within the licence period does not end at the same time as that period,

53C58 Duration of licences, and renewal of licences for provision of services on assigned frequencies.

1

F219A licence to provide additional services on a frequency which is a relevant frequency for the purposes of section 48 or (in the case of a licence granted before the television transfer date) was assigned under section 65—

a

shall, subject to the provisions of this Part, continue in force for a period of ten years, and

b

may (subject to the following provisions of this section) be renewed on one or more occasions for a period of ten years beginning with the date of renewal.

the amount determined by them under subsection (7)(a), and

b

any percentage specified by them under subsection (7)(b),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

10

Where an additional services licence is renewed under this section—

a

any conditions included in it in pursuance of section 52 shall have effect during the period for which the licence has been renewed—

i

as if the amount determined by F222OFCOM under subsection (7)(a) above were an amount specified in a cash bid submitted by the licence holder, and

ii

subject to any determination made under subsection (7)(b) above; and

b

(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which an additional services licence is originally in force.

11

In this section “the relevant date”, in relation to an additional services licence, means the date which F222OFCOM determine to be that by which they would need to publish a notice under section 50 if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the additional services formerly provided under that licence.

C84F21812

A determination for the purposes of subsection (11)—

a

must be made at least one year before the date determined; and

b

must be notified by OFCOM to the person who holds the licence in question.

13

In this section “the television transfer date” has the same meaning as in the Communications Act 2003.

54C58 Additional services not to interfere with other transmissions.

1

An additional services licence may include such conditions as F224OFCOM consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—

a

the television broadcasting service or services on whose frequency or frequencies it is provided, or

b

any other wireless telegraphy transmissions.

F2252

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Authority shall publish, in such manner as they consider appropriate, advance notice of the programme schedules for the programmes to be broadcast on S4C.

F2316

In this section “programme” does not include an advertisement.

F23359 Requirements to be complied with in relation to S4C programmes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1660C58 Advertising on S4C.

F2351

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

C58Chapter VII Supplemental

F24265 Assignment of frequencies by Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66C58 Requirements relating to transmission and distribution of services.

1

During such period as the Secretary of State may by order specify, all Channel 3 services shall be broadcast F245so as to be available for reception by members of the public by a single person under arrangements made with him by the persons licensed to provide those services; and every Channel 3 licence shall include such conditions as appear to F243OFCOM to be appropriate—

a

for securing that result and

b

for securing that the costs incurred in respect of the broadcasting of those services (taken as a whole) during that period in accordance with those arrangements are shared by those persons in such manner as may be approved by the Secretary of State.

2

Any Channel 3 licence shall include such conditions as appear to F243OFCOM to be appropriate for securing that the costs incurred in respect of the distribution of Channel 3 services (taken as a whole) during such period as the Secretary of State may by order specify are shared by the persons licensed to provide those services in such manner as may be approved by the Secretary of State. In this subsection “distribution”, in relation to Channel 3 services, means the conveyance of those services (by whatever means and whether directly or indirectly) to the broadcasting stations from which they are broadcast F245so as to be available for reception by members of the public.

F2442A

In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003

3

The Secretary of State may, at any time during the period referred to in subsection (1) or (2), by order provide for that period to be extended by such further period as is specified in the order; and any conditions included in a Channel 3 licence in pursuance of that subsection shall accordingly, in any such case, have effect in relation to that period as so extended.

4

Any Channel 3 licence or licence to provide Channel 4 or 5 shall include such conditions as appear to F243OFCOM to be appropriate for requiring the signals carrying the licensed service to attain high standards in terms of technical quality and reliability throughout so much of the relevant area as is for the time being reasonably practicable.

5

Before imposing any conditions in pursuance of subsection (4) F243OFCOM shall consult the Secretary of State as to how much of the relevant area is to be specified in the conditions as the area throughout which the required standards are to be attained.

6

F246d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

by section 55(4), in relation to an additional services licence.

67C58 Computation of qualifying revenue.

Part I of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part and Part II) shall have effect.

F43268 Certain receipts of Commission to be paid into Consolidated Fund.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43269 Frequency planning and research and development.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43270 Representation by Commission of Government and other interests in connection with broadcasting matters.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71C58 Interpretation of Part I.

1

In this Part (unless the context otherwise requires)—

“the 1981 Act” means the M2Broadcasting Act 1981;
“additional service” and “additional services licence” have the meaning given by section 48(1) and section 49(10) respectively;
“the appropriate percentage”, in relation to any year, has the meaning given by section 19(10);
“cash bid”, in relation to a licence, has the meaning given by section 15(7);
“Channel 3” means the system of television broadcasting services established F250... under section 14, and “a Channel 3 licence” means a licence to provide one of the services comprised within that system;
“Channel 4” means the television broadcasting service referred to in section 24(1), and “on Channel 4” means in that service;
“Channel 5” means the television broadcasting service referred to in section 28(1), and “a Channel 5 licence” means a licence to provide that service;
F250...
“the Corporation” means the Channel Four Television Corporation established by section 23;
F18. . .
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
F250...
“national Channel 3 service” has the meaning given by section 14(6), and “a national Channel 3 licence” means a licence to provide a national Channel 3 service;
F18. . .
“regional Channel 3 service” has the meaning given by section 14(6), and “a regional Channel 3 licence” means a licence to provide a regional Channel 3 service;
F19“restricted service” has the meaning given by section 42A;
F248“S4C” F530and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;
F250...
“spare capacity” shall be construed in accordance with section 48(2);
F249“television broadcasting service”, “television licensable content service” and “television programme service” each has the same meaning as in Part 3 of the Communications Act 2003;

2

Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.

F270Part II Local Delivery Services

Annotations:

Amendments (Textual)

F270

Pt. II repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F270 Preliminary

F27072 Local delivery services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270 Licensing of local delivery services

F27073 Licensing of local delivery services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27074 Applications for local delivery licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27075 Procedure to be followed by Commission in connection with consideration of applications for licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27076 Award of licence to person submitting highest cash bid.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27076A Award of local delivery licence subject to conditions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27077 Additional payments to be made in respect of local delivery licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27078 Duration and renewal of local delivery licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27078A Inclusion of certain services in local delivery service provided by digital means.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270 Regulation of delivery of certain programmes

F27079 Regulation of delivery of programmes provided by licence holder and foreign satellite programmes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27080 Directions requiring licence holder to cease relaying foreign television programmes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270 Enforcement of licences

F27081 Enforcement of local delivery licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270 Prohibition on providing unlicensed local delivery services

F27082 Prohibition on providing local delivery services without a licence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C60Part III Independent Radio Services

Annotations:

Modifications etc. (not altering text)

C60

Pt. III: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C60Chapter I Regulation by Authority of Independent Radio Services Generally

Establishment of Radio Authority

F25183 The Radio Authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Function of Authority

F25284 Regulation by Authority of independent radio services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85 Licensing functions of Authority.

1

Subject to subsection (2), F255OFCOM may, in accordance with the following provisions of this Part, grant F256 licences to provide relevant independent radio services.

2

F255OFCOM shall do all that they can to secure the provision within the United Kingdom of—

a

a diversity of national services each catering for tastes and interests different from those catered for by the others and of which—

i

one is a service the greater part of which consists in the broadcasting of spoken material, and

ii

another is a service which consists, wholly or mainly, in the broadcasting of music which, in the opinion of F255OFCOM, is not pop music; and

b

a range and diversity of local services.

F2543

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2544

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The Secretary of State may by order make such amendments of subsection (2)(a) as he considers appropriate—

a

for including in that provision a requirement that one of the national services there referred to should be a service of a particular description, or

b

for removing such a requirement from that provision;

shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).

F214A

Where F257OFCOM are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.

5

F257OFCOM may vary a licence by a notice served on the licence holder if—

a

in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

b

in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to F257OFCOM about the variation.

6

Paragraph (a) of subsection (5) does not affect the operation of F539section 97B F550, 105A or 110(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).

7

A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of F257OFCOM .

8

Without prejudice to the generality of subsection (7), F257OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

F2609

The holding of a licence by a person shall not relieve him of—

a

any liability in respect of a failure to hold F510a licence under section 8 of the Wireless Telegraphy Act 2006; or

b

any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

87C60 General licence conditions.

1

A licence may include—

a

such conditions as appear to F264OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act F262, the Broadcasting Act 1996 or the Communications Act 2003;

b

conditions enabling F264OFCOM to supervise and enforce technical standards in connection with the provision of the licensed service;

c

conditions requiring the payment by the licence holder to F264OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

C94d

conditions requiring the licence holder to furnish F264OFCOM, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act F263, the Broadcasting Act 1996 or the Communications Act 2003;

e

conditions requiring the licence holder, if found by F264OFCOM to be in breach of any condition of his licence, to reimburse to F264OFCOM, in such circumstances as are specified in any conditions, any costs reasonably incurred by them in connection with the breach of that condition;

f

conditions providing for such incidental and supplemental matters as appear to F264OFCOM to be appropriate.

2

A licence may in particular include—

a

conditions requiring the licence holder—

i

to comply with any direction given by F264OFCOM as to such matters as are specified in the licence or are of a description so specified, or

ii

(except to the extent that F264OFCOM consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified; and

b

conditions requiring the licence holder to permit—

i

any employee of, or person authorised by, F264OFCOM, F261...

F261ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to enter any premises which are used in connection with the broadcasting of the licensed service and to inspect, examine, operate or test any equipment on the premises which is used in that connection.

3

The fees required to be paid to F264OFCOM by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by F264OFCOM; F265...

4

A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and F264OFCOM shall publish every such tariff in such manner as they consider appropriate.

5

Where the holder of any licence—

a

is required by virtue of any condition imposed under this Part to provide F264OFCOM with any information, and

b

in purported compliance with that condition provides them with any information which is false in a material particular,

he shall be taken for the purposes of sections 110 and 111 to have failed to comply with that condition.

6 C4888C60 Restrictions on the holding of licences.

C181

F279OFCOM shall do all that they can to secure—

C19a

that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

F271b

that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

c

that those requirements are not contravened in the case of a person who already holds a licence.

2

whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;

e

F222A

Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, F279OFCOM shall give the Secretary of State notice of their intention to do so, specifying the relevant change.

3

Where F279OFCOM —

a

revoke the award of any licence in pursuance of subsection (2)(b), or

b

determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

4

Those provisions shall not so have effect if F279OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

5

Every licence shall include such conditions as F279OFCOM consider necessary or expedient to ensure that where—

a

the holder of the licence is a body, and

b

a relevant change takes place after the grant of the licence,

F279OFCOM may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.

F236

The Commission shall not serve any such notice on the licence holder unless—

a

the Commission have notified him of the matters F273constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and

b

in a case where the relevant change is one falling within subsection (6A)—

i

they have also given him an opportunity of complying with F274the requirements imposed by or under Schedule 14 to the Communications Act 2003 within a period specified in the notification, and

ii

an offence under section 97 below.

F2802

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is F281concerned in—

a

the provision of the licensed service or the making of programmes included in it; or

b

the operation of F512a wireless telegraphy station used for broadcasting the service.

General provisions about licensed services

F43190 General requirements as to licensed services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43191 General code for programmes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43192 General provisions as to advertisements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43193 Control of advertisements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43194 Government control over licensed services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43195 Monitoring by Authority of programmes included in licensed services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43196 Audience research.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on providing unlicensed independent radio services

97 Prohibition on providing independent radio services without a licence.

C20 C1031

Subject to subsection (2), any person who provides any F283relevant regulated radio service without being authorised to do so by or under a licence under this Part F27or Part II of the Broadcasting Act 1996 shall be guilty of an offence.

F2821A

In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.

2

The Secretary of State may, after consultation with F284OFCOM, by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

3

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

4

No proceedings in respect of an offence under this section shall be instituted—

a

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

5

Without prejudice to subsection (3) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

6

Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F536Digital switchover

Annotations:

Amendments (Textual)

F536

Ss. 97A 97B and cross-heading inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 30(2), 47(2)(b)

97ADate for digital switchover

1

The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.

2

When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).

3

The Secretary of State—

a

may nominate different dates for different services, and

b

may give notice to OFCOM withdrawing a nomination under this section.

4

In this section and section 97B—

“date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;
“post-commencement service” means a local service, national service or additional service that is provided under a licence that—
1. a
  was granted on or after the day on which this section comes into force, or
2. b
  has been renewed under section 103B or 104AA.

97BVariation of licence period after date for digital switchover nominated

1

This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).

2

If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).

3

OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.

4

If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.

C60Chapter II Sound Broadcasting Services

c

such other information connected with his application as F293OFCOM consider appropriate.

7

In this section

F292“national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and

Subsection (2A) is not to be construed as preventing OFCOM from making a decision to exercise their power under subsection (1A) or (3) after they have received further bids in response to invitations under subsection (2).

2C

In this Part references to a person’s cash bid, in relation to a person who has submitted a further cash bid in pursuance of subsection (2), have effect as references to his further bid.

3

F299OFCOM may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant; and where it appears to F299OFCOM, in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of this subsection, those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.

4

If it appears to F299OFCOM, in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—

a

they shall refer his application to the Secretary of State, together with—

i

a copy of all documents submitted to them by the applicant, and

ii

a summary of their deliberations on the application; and

b

they shall not award the licence to him unless the Secretary of State has given his approval.

such other information as F299OFCOM consider appropriate.

10

a

paragraph (b) were omitted; and

b

the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.

11

Subsections (1) to (6) shall not have effect as mentioned in subsection (7) if F299OFCOM decide that it would be desirable to publish a fresh notice under section 98 in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if F299OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a further licence to provide the service in question.

100AF430Licence conditions relating to simulcast radio services

Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—

a

to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and

b

to do all that he can to secure the broadcasting of that service.

101C60 Failure to begin providing licensed service and financial penalties on revocation of licence.

1

If at any time after a national licence has been granted to any person but before the licence has come into force—

a

that person indicates to F305OFCOM that he does not intend to provide F301the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A, or

b

F305OFCOM for any other reason have reasonable grounds for believing that that person will not provide F302the licensed national service or any such simulcast radio service once the licence has come into force,

then, subject to subsection (2)—

i

F305OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and

ii

section 100 shall (subject to section 100(11)) have effect as if he had not made an application for the licence.

2

Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless F305OFCOM have served on him a notice stating their grounds for believing that he will not provide F303the licensed national service or the simulcast radio service once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

C213

Where F305OFCOM revoke a national licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, F304a specified financial penalty.

F3003A

The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).

3B

C87a

£250,000; and

b

3C

In any other case, the maximum penalty is whichever is the greater of—

C88a

£250,000; and

b

7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.

3D

Section 102(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.

5

Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 122(4), be recoverable by F305OFCOM as a debt due to them from any person who controls that body.

102C60 Additional payments to be made in respect of national licences.

a

the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and

b

the retail prices index for the month of November in the year preceding the relevant year;

and for this purpose “the retail prices index” means the general index of prices (for all items) published by the F517Statistics Board.

C73 C60103C60 Restriction on changes in control over holder of national licence.

1

Where—

a

any change in the persons having control over—

i

a body to which a national licence has been awarded or transferred in accordance with this Part of this Act, or

ii

an associated programme provider,

takes place within the relevant period, and

b

that change takes place without having been previously approved for the purposes of this section by F309OFCOM,

then (subject to subsection (5)) F309OFCOM may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.

2

In subsection (1)—

“associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and F308is or is likely to be involved, to a substantial extent, in the provision of the programmes included in the licensed service; and
“the relevant period”, in relation to a national licence, means the period beginning with the date of the award of the licence and ending on the first anniversary of the date of its coming into force;

and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection F307as it has effect for the purposes of that Schedule.

3

F309OFCOM shall refuse to approve for the purposes of this section such a change as is mentioned in subsection (1)(a) if it appears to them that the change would be prejudicial to the provision under the licence, by the body referred to in subsection (1)(a)(i), of a service which accords with the proposals submitted under section 98(3)(a) by that body (or, as the case may be, by the person to whom the licence was originally awarded).

4

F309OFCOM may refuse so to approve any such change if, in any circumstances not falling within subsection (3), they consider it appropriate to do so.

5

F309OFCOM shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.

6

Where under subsection (1) F309OFCOM refuse to grant a licence to any body, section 100 shall (subject to section 100(11)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 111 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.

any date determined by them under subsection (6)(a),

b

the amount determined by them under subsection (6)(b), and

c

any percentage specified by them under subsection (6)(c),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

9

Where a national licence has been renewed under this section—

a

any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed—

i

as if the amount determined by F454OFCOM under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and

ii

subject to any determination made under subsection (6)(c);

b

(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force;

c

where F454OFCOM have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; and

d

the reference in section 111(4) to the end of the period for which a national licence is to continue in force shall, in relation to the licence, be construed as a reference to the end of the period for which it has been renewed.

F46010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45010A

In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—

a

the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

b

on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.

11

In this section—

F461...
“the relevant date”, in relation to a national licence, means the date which F454OFCOM determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.

C86F45112

A determination for the purposes of subsection (11)—

a

must be made at least one year before the date determined; and

b

must be notified by OFCOM to the person who holds the licence in question.

103BF537Further renewal of national licences

1

A national licence may be renewed under this section on one occasion for a period of not more than 7 years beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).

2

Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to subsection (3).

3

Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—

a

subsection (4)(b),

b

in subsection (4)(c), the words from “or OFCOM” to the end,

c

subsection (6)(a),

d

subsection (8)(a), and

e

subsection (9)(c).

4

Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.

Local and other services

104C60 Applications for other licences.

1

Where F311OFCOM propose to grant a licence to provide a local service, they shall publish, in such manner as they consider appropriate, a notice—

a

stating that they propose to grant such a licence;

b

specifying the area or locality in the United Kingdom for which the service is to be provided;

c

inviting applications for the licence and specifying the closing date for applications; and

d

stating the fee payable on any application made in pursuance of the notice.

2

Any application made in pursuance of a notice under subsection (1) must be in writing and accompanied by—

a

the fee specified in the notice under paragraph (d) of that subsection;

b

the applicant’s proposals for providing a service that would—

i

cater for the tastes and interests of persons living in the area or locality for which it would be provided or for any particular tastes and interests of such persons, and

ii

broaden the range of programmes available by way of local services to persons living in that area or locality;

c

such information as F311OFCOM may reasonably require—

i

as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and

ii

as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and

d

such other information as F311OFCOM may reasonably require for the purpose of considering the application.

3

At any time after receiving such an application and before determining it F311OFCOM may require the applicant to furnish additional information under subsection (2)(b), (c) or (d).

4

F311OFCOM shall, at the request of any person and on the payment by him of such sum (if any) as F311OFCOM may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) by the applicants for a local licence.

F295

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

F310An application for a licence to provide a restricted service shall be made in such manner as F311OFCOM may determine, and shall be accompanied by such fee (if any) as F311OFCOM may determine.

7

In this section and sections 105 and 106 “programme” does not include an advertisement.

104AC60F30 Renewal of local licences.

1

A local licence may (subject to the following provisions of this section) be renewed F541under this section on one occasion for a period of F314twelve years beginning with the date of renewal.

F5421A

A local licence may be renewed under this section only if it is granted before the day on which section 104AA comes into force.

2

No application for the renewal of a local licence under subsection (1) may be made before F319OFCOM first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service.

C803

Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than F315the day falling three months before the relevant date.

4

The applicant must, in his application or at any time before the consideration of his application, nominate—

a

a local digital sound programme service provided or to be provided by him, and

b

on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.

13

In this section—

a

“local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996;

b

“nominated” means nominated by the applicant under subsection (4);

c

“relevant date”, in relation to a local licence, means the date which F319OFCOM determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; and

d

“relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose “coverage area”, in relation to a service, has the meaning given by F317paragraph 8(2) of Schedule 14 to the Communications Act 2003.

C85F31314

A determination for the purposes of subsection (13)(c)—

a

must be made at least one year before the date determined; and

b

must be notified by OFCOM to the person who holds the licence in question.

104AAF538Further renewal of local licences

1

A local licence may be renewed under this section on one occasion for a period of not more than 7 years beginning with the date of renewal (subject to the following provisions of this section and section 104AB).

2

A local licence may be renewed under this section only if—

a

it has been renewed under section 104A, or

b

it is granted on or after the day on which this section comes into force.

3

Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) and (5).

4

Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.

5

In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—

a

2

A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.

3

The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.

4

A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.

104ACVariation of conditions relating to digital services

1

This section applies where—

a

a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,

b

an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and

c

the nomination specifies the licence mentioned in paragraph (a) in accordance with section 104AB(4).

2

OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—

a

removing the local digital services condition, and

b

adding a national digital services condition.

3

OFCOM must have received an application for the variation from the licence holder.

4

OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.

5

In this section—

“local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;
“national digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that the nominated national digital sound programme service is broadcast by means of the nominated national radio multiplex service until the day on which the licence (as renewed under section 104A) is to expire;
“nominated” means nominated in the nomination referred to in subsection (1)(b).

104BC60 F31 Special application procedure for local licences.

1

Where—

a

a local licence is due to expire (otherwise than by virtue of section 110), F321and

F322b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F324OFCOM propose to grant a further licence to provide the service in question,

OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.

6

If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.

7

“Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.

106C60 Requirements as to character and coverage of national and local services.

1

A national or local licence shall include such conditions as appear to F330OFCOM to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in forceF332....

F3271A

Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied—

a

that the departure would not substantially alter the character of the service;

b

The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure.

4

OFCOM—

a

are not required to publish a notice under this section, and

b

F429108 Promotion of equal opportunities in relation to employment by holder of national licence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of licences

C22 C57 C60109C60 Power to require scripts etc. or broadcasting of correction or F334a statement of findings.

1

If F427OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by F427OFCOM under or by virtue of any provision of this Part, they may serve on him a notice—

a

stating that F427OFCOM are so satisfied as respects any specified condition or direction;

b

stating the effect of subsection (2); and

c

specifying for the purposes of that subsection a period not exceeding twelve months.

2

If, at any time during the period specified in a notice under subsection (1), F427OFCOM are satisfied that the licence holder has again failed to comply with any such condition or direction as is mentioned in that subsection (whether or not the same as the one specified in the notice), F427OFCOM may direct him—

a

to provide F427OFCOM in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and

b

in relation to such of those programmes as will consist of or include recorded matter, to produce to F427OFCOM in advance for examination or reproduction such recordings of that matter as are so specified;

and a direction under this subsection shall have effect for such period, not exceeding six months, as is specified in the direction.

C963

If F427OFCOM are satisfied—

a

that the holder of a licence has failed to comply with any condition of the licence, and

b

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F334a statement of findings (or both) under this subsection,

they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction or F334a statement of findings (or both) in such form, and at such time or times, as they may determine.

4

F427OFCOM shall not give any person a direction under subsection (3) unless they have given him a reasonable opportunity of making representations to F427OFCOM about the matters complained of.

5

Where the holder of a licence includes a correction or F334a statement of findings in the licensed service in pursuance of a direction under subsection (3), he may announce that he is doing so in pursuance of such a direction.

F3336

C57 C60110C83 C60 Power to impose financial penalty or suspend or shorten licence period.

C1001

If F427OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

a

a notice requiring him to pay, within a specified period, a specified financial penalty to F427OFCOM;

b

a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years; or

c

a notice suspending the licence for a specified period not exceeding six months.

F3351A

The maximum amount which the holder of a national licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) is the maximum penalty given by subsection (1B).

1B

The maximum penalty is whichever is the greater of—

a

£250,000; and

b

5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

1C

In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1B)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

1D

Section 102(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1B) or (1C) above.

C783

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any other licence shall not exceed F336£250,000.

4

F427OFCOM shall not serve on any person such a notice as is mentioned in subsection (1)(a), (b) or (c) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

5

Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F427OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

6

It is hereby declared that any exercise by F427OFCOM of their powers under subsection (1) of this section in respect of any failure to comply with any condition or direction shall not preclude any exercise by them of their powers under section 109 in respect of that failure.

F3377

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C23 C57 C60111C60 Power to revoke licences.

C1011

If F427OFCOM are satisfied—

a

that the holder of a licence granted under this Chapter is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, and

b

that that failure is such that, if not remedied, it would justify the revocation of the licence,

they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).

2

A notice under this subsection is a notice—

a

stating that F427OFCOM are satisfied as mentioned in subsection (1);

b

specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and

c

stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, F427OFCOM will revoke his licence under subsection (3).

3

If at the end of the period specified in a notice under subsection (2) F427OFCOM are satisfied—

a

that the person on whom the notice was served has failed to take the steps specified in it, and

b

that it is necessary in the public interest to revoke his licence,

they shall (subject to subsection (8)) serve on him a notice revoking his licence.

4

If F427OFCOM are satisfied in the case of any national licence—

a

that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and

b

that it is appropriate for them to do so,

they shall (subject to subsection (8)) serve on him a notice revoking his licence.

5

If F427OFCOM are satisfied—

a

that the holder of a licence granted under this Chapter provided them, in connection with his application for the licence, with information which was false in a material particular, or

b

that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

they may (subject to subsection (8)) serve on him a notice revoking his licence.

6

Subject to subsection (7), any notice served under subsection (3), (4) or (5) shall take effect as from the time when it is served on the licence holder.

7

If it appears to F427OFCOM to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.

8

F427OFCOM shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

C57 C60111AC60F32 Enforcement of licences held by BBC companies.

Where F427OFCOM —

a

serve a notice on a BBC company under any provision of section 109, 110 or 111, or

b

receive any written representations from a BBC company under section 109(4), 110(4) or 111(8),

F427OFCOM shall send a copy of the direction, notice or representations to the Secretary of State.

C74 C60111BC60F33 Power to suspend licence to provide satellite service.

1

If F340OFCOM are satisfied—

a

that the holder of a licence to provide a F338 radio licensable content service has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder,

b

that he has thereby failed to comply with the condition F339which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and

c

that the failure is such as to justify the revocation of the licence,

they shall serve on the holder of the licence a notice under subsection (2).

2

A notice under this subsection is a notice—

a

stating that F340OFCOM are satisfied as mentioned in subsection (1),

b

specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection,

c

stating that F340OFCOM may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder,

d

informing the licence holder of his right to make representations to F340OFCOM within that period about the matters complained of, and

e

suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or F340OFCOM decide not to revoke the licence.

3

If F340OFCOM, having considered any representations about the matters complained of made to them within the period referred to in subsection (2)(c) by the licence holder, are satisfied that it is necessary in the public interest to revoke the licence in question, they shall serve on the licence holder a notice revoking the licence.

4

A notice under subsection (3) shall not take effect until the end of the period of twenty-eight days beginning with the day on which that notice was served on the licence holder.

5

Section 111 shall not have effect in relation to the revocation of a licence in pursuance of a notice under subsection (1).

Chapter III Licensable Sound Programme Services

F341112 Licensable sound programme services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342113 Licensing etc. of licensable sound programme services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C60Chapter IV Additional Services Provided on Sound Broadcasting Frequencies

114C60 Additional services.

1

In this Part “additional service” means any service which consists in the sending of F104electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any sound broadcasting service provided—F345on a relevant frequency.

2

For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be F346any part of the signals which—

a

is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and

b

is determined by OFCOM to be available for the provision of additional services;

and references in this Part to spare capacity shall be construed accordingly.

F3432A

At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.

2B

A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.

3

F347OFCOM shall, when determining under subsection (2) the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency on which a national service is provided, have regard to any need of the person providing that service to be able to use part of the signals carrying it for providing services which are ancillary to programmes included in the service.

4

A person holding a national licence shall be taken for the purposes of this Part to be authorised by his licence to provide any such services as are mentioned in subsection (3).

F3485

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3446

In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.

7

In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.

115C60 Licensing of additional services.

1

F349OFCOM shall do all that they can to secure that, in the case of each F350relevant frequency, all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by F349OFCOM in accordance with this section.

2

3

An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as F349OFCOM may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.

4

Subsection (3) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act F105and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence.

5

Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (3) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.

6

Every licence to provide a national service shall include such conditions as appear to F349OFCOM to be appropriate for securing that the licence holder grants—

a

to any person who holds a licence to provide additional services on the frequency on which that national service is provided, and

b

to any person who is authorised by any such person as mentioned in subsection (3) to provide additional services on that frequency,

access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.

7

Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (6) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by F349OFCOM.

8

The holder of a licence to provide a F351local or restricted service or to provide a radio licensable content service shall be taken for the purposes of this Part to be authorised by his licence to provide, or to authorise another person to provide, additional services on the frequency on which the licensed service is provided.

9

In this Part “additional services licence” means a licence to provide additional services.

particulars of the technical plan submitted by him under subsection (3)(b); and

c

such other information connected with his application as F352OFCOM consider appropriate.

117C60 Procedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences.

1

Where a person has made an application for an additional services licence in accordance with section 116, F357OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them—

F356a

that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and

b

that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;

and any reference to an applicant in section 100 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to F357OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F3542

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Subject to subsection (4), section 100 shall apply in relation to an additional services licence as it applies in relation to a national licence.

4

In the application of section 100 in relation to an additional services licence—

a

subsection (6) shall have effect with the substitution in paragraph (a) of a reference to section 118(1) for the reference to section 102(1); and

b

subsection (9) shall have effect with the substitution in paragraph (b) of a reference to the requirement specified in subsection (1)(a) above for the reference to the requirement specified in section 99(1)(a).

5

If at any time after an additional services licence has been granted to any person but before the licence has come into force—

a

that person indicates to F357OFCOM that none of the services in question will be provided once the licence has come into force, or

b

F357OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

i

F357OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and

ii

section 100 (as applied by subsection (3) above) shall, subject to section 100(11), have effect as if he had not made an application for the licence.

6

Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless F357OFCOM have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

F3557

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118C60 Additional payments to be made in respect of additional services licences.

b

the last complete accounting period of his falling within the licence period does not end at the same time as that period,

119C60 Additional services not to interfere with other transmissions.

1

An additional services licence may include such conditions as F360OFCOM consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—

a

the sound broadcasting service or services on whose frequency or frequencies it is provided, or

b

any other wireless telegraphy transmissions.

F3592

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120C60 Enforcement of additional services licences.

C1021

If F362OFCOM are satisfied that the holder of an additional services licence has failed to comply with any condition of the licence or with any direction given by F362OFCOM under or by virtue of any provision of this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified period, a specified financial penalty to F362OFCOM.

F3611A

1B

1C

Section 118(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.

3

F362OFCOM shall not serve on any person a notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

4

Section 111 shall apply in relation to an additional services licence as it applies in relation to a licence granted under Chapter II of this Part, but with the omission of subsection (7).

C60Chapter V Supplemental

121C60 Computation of qualifying revenue.

Part II of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part) shall have effect.

F426122 Certain receipts of Authority to be paid into Consolidated Fund.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F426123 Frequency planning and general research and development.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F426124 Authority to assist Secretary of State in connection with licensing functions under 1949 Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F426125 Representation by Authority of Government and other interests in connection with broadcasting matters.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126C60 Interpretation of Part III.

1

In this Part (unless the context otherwise requires)—

“additional service” and “additional services licence” shall be construed in accordance with section 114(1) and section 115(9) respectively;
“the appropriate percentage”, in relation to any year, has the meaning given by section 102(10);
F368...
“cash bid” has the meaning given by section 98(8);
F365“independent radio service” means a service falling to be regulated under section 245 of the Communications Act 2003;
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
F368...
“local licence” and “national licence” mean a licence to provide a local service and a licence to provide a national service, respectively;
F366“local service”, “national service” and “restricted service” each has the same meaning as in section 245 of the Communications Act 2003;
“pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of that Act;
“radio licensable content service” has the same meaning as in Part 3 of that Act;
“radio transfer date” has the same meaning as in that Act;
F364“simulcast radio service” means a simulcast radio service within the meaning given by section 41(2) of the Broadcasting Act 1996 for the purposes of Part 2 of that Act;
“sound broadcasting service” means a broadcasting service whose broadcasts consist of transmissions in sound only F34but does not include a radio multiplex service F367(within the meaning of Part 3 of the Communications Act 2003) ;
“spare capacity” shall be construed in accordance with section 114(2).

F3631A

For the purposes of this Part a simulcast radio service corresponds to a national service if, in accordance with section 41(3) of the Broadcasting Act 1996, it falls to be treated as so corresponding for the purposes of Part 2 of that Act.

2

Any reference in this Part to an area in the United Kingdom does not include an area which comprises or includes the whole of England; and nothing in this Part shall be read as precluding a local service from being provided for an area or locality that is to any extent comprised in the area or locality for which another local service is to be provided.

3 Part IV Transfer of Undertakings of IBA and Cable Authority

Transfer of undertakings

127 Division of assets of IBA and their dissolution.

C241

On such day as the Secretary of State may by order appoint as the transfer date there shall come into force a scheme made under Schedule 9 to this Act and providing for the division of the property, rights and liabilities of the IBA between—

a

the Commission,

b

the Radio Authority, and

c

a company nominated for the purposes of this subsection by the Secretary of State.

2

The Secretary of State may, by order made before the transfer date, nominate for the purposes of subsection (1) any company formed and registered under the M3Companies Act 1985; but on that date the company must be a company limited by shares which is wholly owned by the Crown.

3

Subject to subsection (4), the IBA shall continue in existence after the transfer date until such time as they are dissolved by order made by the Secretary of State.

4

On the transfer date the chairman and members of the IBA shall cease to hold office; and as from that date the IBA—

a

shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as the Secretary of State may appoint as members of the IBA; and

b

shall have only the functions which fall to be carried out by the IBA under or by virtue of Schedule 9.

5

If requested to do so by the chairman appointed under subsection (4)(a), the Commission shall furnish the IBA with any assistance required by them for the purpose of carrying out any of those functions.

6

The Secretary of State shall not make an order under subsection (3) unless he is satisfied, after consultation with the IBA and with each of the bodies referred to in subsection (1)(a) to (c), that nothing further remains to be done by the IBA under or by virtue of Schedule 9.

128 Vesting in Commission of assets of Cable Authority and dissolution of Authority.

a

Parts II and IV of Schedule 11 to this Act, and

b

any provision of the M6Broadcasting Act 1981 which is to be construed as referring to the Commission or to the Radio Authority by virtue of either of those Parts of that Schedule,

any reference (however expressed) to the broadcasting of programmes, or to programmes broadcast, by the Commission or the Radio Authority shall, in consequence of subsections (2) and (3) above, be read as a reference to the broadcasting of programmes, or to programmes broadcast, by that body whether the transmission of the programmes is undertaken (according to the circumstances of the case)—

i

by, or under arrangements made by, that body, or

ii

by the nominated company in pursuance of any such contract as is referred to in either of those subsections, or

iii

under any such arrangements as are referred to in subsection (2)(b);

and those Parts of that Schedule contain other modifications of provisions of that Act which are consequential on those subsections.

8

This section and section 130 shall have effect in relation to any teletext service provided by the Commission in accordance with Part II of Schedule 11 as if—

a

any reference to a programme or television programme were a reference to a teletext transmission; and

b

any reference to a programme contractor were a reference to a teletext contractor.

9

This section and section 130 shall, in so far as they apply to the transmission of the programmes provided by a DBS programme contractor under his contract for inclusion in any DBS service provided by the Commission in accordance with Part II of Schedule 11, be construed as applying only to the carrying on of such activities in connection with the transmission of those programmes as were being so carried on by the IBA immediately before the transfer date.

10

In this section—

“the Channel 4 company” means the body corporate referred to in section 12(2) of the Broadcasting Act 1981, and “on Channel 4” means in the additional broadcasting service referred to in section 10(1) of that Act, but excluding so much of that service as consisted, immediately before the transfer date, in the broadcasting of programmes for reception wholly or mainly in Wales;
“the interim period” means the period specified in subsection (1)(a) above;
“on S4C” has the same meaning as in Part I of this Act.

11

The reference in subsection (4) or (6) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date.

130 Variation of programme contracts to take account of new transmission arrangements.

1

Subject to subsections (2) and (4), it shall be the duty of the IBA to make before the transfer date such variations of each contract between them and a programme contractor (“the programme contract”) as appear to them to be appropriate—

a

for requiring the programme contractor to enter into a contract with the nominated company which makes provision for and in connection with the transmission by that company during the interim period of the programmes which the programme contractor has the right and the duty to provide under the programme contract, and in particular makes provision—

i

for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company,

ii

for the transmission of those programmes to be suspended, if the relevant authority so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify, and

iii

where the programme contractor is a TV programme contractor, for the consideration payable in respect of the transmission of those programmes to be payable in accordance with subsection (6); and

b

for securing that the right and the duty of the programme contractor under the programme contract to provide those programmes is accordingly (so long as any such contract with the nominated company remains in force) a right and a duty to provide them for transmission by that company.

2

Subsection (1) shall apply to a contract for the provision of television programmes for broadcasting in a DBS service (“a DBS programme contract”) as if—

a

the reference to coverage in paragraph (a)(i) were omitted; and

b

for paragraph (a)(iii) there were substituted—

iii
for the programme contractor to be entitled to terminate the contract if he is notified by the Commission that they are satisfied that the standards referred to in sub-paragraph (i) are not being attained as mentioned in that sub-paragraph;

a

relates to the payment by those contractors to the nominated company of the consideration payable by them in respect of the transmission by that company of the programmes provided by them; and

b

provides for the amounts payable by each of the contractors to be such proportion of the total consideration so payable as corresponds to the proportion of the relevant amount which he was liable to pay by virtue of section 32(1)(a) of the Broadcasting Act 1981 (rental payments) in respect of the period beginning with 1st April 1990 and ending with the transfer date;

and in paragraph (b) “the relevant amount” means the aggregate amount of all payments falling to be made by TV programme contractors by virtue of section 32(1)(a) of that Act in respect of that period (excluding any payments falling to be so made in consequence of section 13(2) of that Act (advertisements on Channel 4)).

7

The IBA shall, in the case of each such contract as is mentioned in subsection (6), also make before the transfer date such variations of the contract as appear to them to be appropriate in consequence of section 129(3).

8

In this section—

“the interim period” means the period specified in section 129(1)(a);
“the relevant authority”—

a

in relation to any such contract as is mentioned in subsection (1)(a) which relates to the transmission of television programmes, means the Commission, and

b

in relation to any such contract which relates to the transmission of local sound broadcasts, means the Radio Authority;

and section 129(8) and (9) apply for the purposes of this section.

9

Any reference in subsection (1) or (3) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date; and different standards may be so specified for the purposes of subsection (1) in relation to programme contractors of different descriptions.

131 Supplementary provisions relating to variation of programme contracts.

1

Where the IBA make any variation of a programme contract in pursuance of section 130(1) to (4) or (6), they may make such variations of that contract of a supplemental, incidental, consequential or transitional nature as they consider appropriate.

2

The relevant authority may on or after the transfer date make any variation of a programme contract which could have been made before that date by the IBA—

a

in pursuance of section 130(1) to (4), or

b

in pursuance of subsection (1) above in connection with any variation made in pursuance of section 130(1) to (4);

and any such variation may be made with retrospective effect as from that date.

3

Before making any variation of a programme contract in pursuance of any provision of section 130, this section or Schedule 11, the IBA or (as the case may be) the relevant authority shall consult the programme contractor concerned.

4

Any such variation shall be made by means of a notice served on that programme contractor.

5

In this section—

“programme contract” means a contract between the IBA and a programme contractor;
“programme contractor” includes a teletext contractor;
“the relevant authority”—

a

in relation to a programme contract for the provision of television programmes or teletext transmissions, means the Commission; and

b

in relation to a programme contract for the provision of local sound broadcasts, means the Radio Authority.

132 Disposal by IBA of DBS transmitting equipment etc.

1

The IBA shall have power, with the approval of the Secretary of State—

a

to dispose of any relevant assets to a DBS contractor; and

b

to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).

2

Any disposal under subsection (1) shall take effect on the transfer date.

3

In this section “relevant asset” means any equipment or other asset (of whatever description) which has been used or held by the IBA in connection with the transmission of DBS services.

133 Functions exercisable by IBA before transfer date in connection with local sound broadcasting.

1

It shall be the duty of the IBA to prepare before the transfer date, in the case of each relevant programme contractor, a contract which—

a

is expressed to be made between the nominated company and the contractor; and

b

is to come into force in accordance with subsection (3) at such time (if any) as the contractor becomes the holder of a local licence by virtue of paragraph 1(1) in Part V of Schedule 11 to this Act; and

c

makes provision in connection with the transmission, as from any such time, of the programmes included in the local service provided by the contractor (as the holder of such a licence), which may include provision for the transmission of those programmes by the nominated company.

2

For the purposes of subsection (1) the IBA shall, after consultation with all the relevant programme contractors, draw up a number of different standard forms of contract, and each contract prepared by them under that subsection shall be in such one of those forms as they may determine after consultation with the relevant programme contractor concerned.

3

Any contract prepared under subsection (1) shall by virtue of this subsection come into force, as a contract between the nominated company and the relevant programme contractor concerned, at any such time as is mentioned in paragraph (b) of that subsection and (subject to the provisions of the contract) shall continue in force for such period as is specified in it, being a period expiring not later than 31st December 1994.

4

If—

a

any contract prepared under subsection (1) has not yet come into force, and

b

the nominated company and the relevant programme contractor concerned agree that it would be more appropriate for them to be parties to a contract which is in one of the other forms of contract drawn up as mentioned in subsection (2), and

c

the nominated company prepares such a contract as is mentioned in subsection (1) which is in that other form,

subsection (3) shall have effect in relation to that contract as if it had been prepared by the IBA under subsection (1) (and accordingly shall not have effect in relation to the contract referred to in paragraph (a) above).

5

The IBA shall be deemed to have had power to impose such requirements as have been imposed by them on the various local sound programme contractors with respect to the making of payments to the IBA for the purpose of enabling reductions to be made in relevant charges; and in this subsection “relevant charges” means charges made by the nominated company in connection with the transmission, during the period beginning with the transfer date and ending with 31st December 1994, of programmes which are included in local services falling within any description of such services determined by the IBA.

6

The IBA shall have power, with the approval of the Secretary of State—

a

to dispose of, or of an interest in, any relevant assets to a relevant programme contractor; and

b

to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).

7

In this section—

“local licence” and “local service” have the same meaning as in Part III of this Act;
“local sound programme contractor” means a person who is a programme contractor by virtue of a contract for the provision of local sound broadcasts;
“relevant asset” means any equipment or other asset (of whatever description) which has been used or held by the IBA in connection with the transmission of local sound broadcasts;
“relevant programme contractor” means the programme contractor under a contract which, if effective immediately before the transfer date, would be a contract to which paragraph 2(1) in Part IV of Schedule 11 applied.

F369134 Transitional arrangements relating to existing cable services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions relating to nominated company

135 Initial Government holding in nominated company.

1

As a consequence of the vesting in the nominated company, in accordance with the scheme made under Schedule 9 to this Act, of property, rights and liabilities of the IBA, that company shall issue to the Secretary of State such securities of the company as he may from time to time direct.

2

The Secretary of State shall not give a direction under subsection (1) at a time when the nominated company has ceased to be wholly owned by the Crown.

3

Securities required to be issued in pursuance of this section shall be issued at such time or times, and (subject to subsection (4)) on such terms, as the Secretary of State may direct.

4

Any shares issued in pursuance of this section—

a

shall be of such nominal value as the Secretary of State may direct; and

b

shall be issued as fully paid and treated for the purposes of F531the Companies Act 2006 as if they had been paid up by virtue of the payment to the nominated company of their nominal value in cash.

5

The Secretary of State shall not exercise any power conferred on him by this section, or dispose of any securities issued to him in pursuance of this section, without the consent of the Treasury.

6

Without prejudice to the generality of section 198(2), any dividends or other sums received by the Secretary of State in right of or on the disposal of any securities acquired by virtue of this section shall be paid into the Consolidated Fund.

136 Exercise of functions through nominees.

1

The Secretary of State may, with the consent of the Treasury, appoint any person to act as his nominee, or one of his nominees, for the purposes of section 135; but any issue of securities to any such nominee in pursuance of that section shall be effected in accordance with such directions as may be given from time to time by the Secretary of State with the consent of the Treasury.

2

Any person holding any securities as a nominee of the Secretary of State by virtue of subsection (1) shall hold and deal with them (or any of them) on such terms and in such manner as the Secretary of State may direct with the consent of the Treasury.

137 Target investment limit for Government shareholding in nominated company.

1

As soon as he considers it expedient, and in any case not later than six months after the nominated company ceases to be wholly owned by the Crown, the Secretary of State shall by order fix a target investment limit in relation to the aggregate of the shares for the time being held in the company, under or by virtue of any enactment, by any Minister of the Crown or any nominee of his (“the Government shareholding”).

2

The target investment limit for the Government shareholding in the company shall be expressed as a proportion of the voting rights which are exercisable in all circumstances at general meetings of the company (“the ordinary voting rights”).

3

The first target investment limit fixed under this section for the Government shareholding in the company shall be equal to the proportion of the ordinary voting rights which is in fact carried by the Government shareholding in the company at the time when the order fixing the limit is made.

4

The Secretary of State may from time to time by order fix a new target investment limit for the Government shareholding in the company in place of the one previously in force under this section; but—

a

any new limit must be lower than the one it replaces; and

b

an order under this section may only be revoked by an order fixing a new limit.

5

It shall be the duty of a Minister of the Crown so to exercise—

a

any power to dispose of any shares held in the company under or by virtue of any enactment, and

b

his power to give directions to any nominee of his,

as to secure that the Government shareholding in the company does not carry a proportion of the ordinary voting rights exceeding any target investment limit for the time being in force under this section.

6

Notwithstanding subsection (5), a Minister of the Crown may take up, or direct any nominee of his to take up, any rights for the time being available to him, or to the nominee, as an existing holder of shares or other securities of the company; but if, as a result, the proportion of the ordinary voting rights carried by the Government shareholding in the company at any time exceeds the target investment limit for the time being in force under this section, it shall be the duty of that Minister to comply with subsection (5) as soon after that time as is reasonably practicable.

7

References in this section to a Minister of the Crown include references to the Treasury; and for the purposes of this section the temporary suspension of any of the ordinary voting rights shall be disregarded.

8

Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

138 Reserves of nominated company.

1

If the Secretary of State so directs at any time before the nominated company ceases to be wholly owned by the Crown, such sums as may be specified in the direction shall, instead of being applied in any other way, be carried by the company to a reserve (“the statutory reserve”).

2

The statutory reserve may only be applied by the nominated company in paying up unissued shares of the company to be allotted to members of the company as fully paid bonus shares.

3

Notwithstanding subsection (2), the statutory reserve shall not count as an undistributable reserve of the nominated company for the purposes of F518section 831(4)(d) of the Companies Act 2006 (restriction on distribution of assets); but, for the purpose of determining under that section whether the nominated company may make a distribution at any time, any amount for the time being standing to the credit of the statutory reserve shall be treated for the purposes of F519section 831(4)(c) as if it were unrealised profits of the company.

139 Loans by Secretary of State to nominated company.

1

As from the transfer date the Secretary of State may, with the consent of the Treasury, make loans to the nominated company out of money provided by Parliament; but no loan shall be made by him under this section at a time when the company has ceased to be wholly owned by the Crown.

2

The aggregate amount outstanding in respect of the principal of loans made by the Secretary of State under this section shall not exceed the limit specified in subsection (3).

3

That limit is £20 million or such greater sum, not exceeding £100 million, as the Secretary of State may from time to time specify by order made with the consent of the Treasury.

4

Any loan made by the Secretary of State under this section shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such times and at such rates, as he may from time to time direct with the consent of the Treasury.

5

An order shall not be made by the Secretary of State under this section unless a draft of it has been laid before and approved by a resolution of the House of Commons.

140 Temporary restriction on borrowings of nominated company.

1

The aggregate amount outstanding in respect of the principal of any relevant borrowing of the nominated company shall not, at any time when the company is wholly owned by the Crown, exceed such sum as the Secretary of State may determine with the consent of the Treasury.

2

In subsection (1) “relevant borrowing”, in relation to the nominated company, means—

a

loans made to that company or to any subsidiary of that company, other than—

i

loans so made by any such subsidiary or (as the case may be) by that company, and

ii

loans made to that company by the Secretary of State under section 139; and

b

loans which are to be treated as having been made to that company, including loans which are to be treated as having been so made by virtue of the issue of debentures in pursuance of section 135.

General

141 Interpretation of Part IV.

1

In this Part—

“the Commission” means the Independent Television Commission;
“debentures” includes debenture stock;
“the IBA” means the Independent Broadcasting Authority;
“the nominated company” means the company nominated for the purposes of section 127(1);
“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;
“shares” includes stock;
“subsidiary” has the meaning given by F532section 1159 of the Companies Act 2006;
“the transfer date” means the day appointed under section 127(1).

2

Other expressions used in this Part which are also used in the M8Broadcasting Act 1981 have the same meaning as in that Act.

3

The nominated company shall be regarded for the purposes of this Part as wholly owned by the Crown at any time when each of the issued shares in the company is held by, or by a nominee of, the Secretary of State.

C25 F35Part V The Broadcasting Complaints Commission

Annotations:

Amendments (Textual)

F35

Ss.142-150 repealed (1.4.1997) by 1996 c. 55, ss.148(2), 149(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Modifications etc. (not altering text)

C25

Pt. V (ss. 142–150) modified by S.I. 1990/2579, art. 2(2)

142 The Broadcasting Complaints Commission. C36

1

The commission which at the commencement of this section is known as the Broadcasting Complaints Commission (in this Part referred to as “the BCC”) shall continue in existence as a body corporate but shall be constituted in accordance with, and have the functions conferred by, this Part.

2

The BCC shall consist of not less than three members appointed by the Secretary of State.

3

The Secretary of State shall appoint one member of the BCC to be chairman, and may appoint another to be deputy chairman.

4

Schedule 13 to this Act shall have effect with respect to the BCC.

143 Function of BCC. C37

1

Subject to the provisions of this Part, the function of the BCC shall be to consider and adjudicate upon complaints of—

a

unjust or unfair treatment in programmes to which this Part applies, or

b

unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

C382

This Part applies to—

a

any television or sound programme broadcast by the BBC on or after such date as is specified in an order made by the Secretary of State for the purposes of this subsection;

b

any television programme broadcast by the Welsh Authority on or after that date; and

c

any television or sound programme included, on or after that date, in a licensed service.

144 Making and entertaining of complaints. C39

1

Complaints must be made in writing.

2

A complaint may be made by an individual or by a body of persons, whether incorporated or not, but, subject to subsection (3), shall not be entertained by the BCC unless made by the person affected or by a person authorised by him to make the complaint for him.

3

Where the person affected is an individual who has died or is for any other reason both unable to make a complaint himself and unable to authorise another person to do so for him, a complaint may be made by the personal representative of the person affected, or by a member of his family, or by some other person or body closely connected with him (whether as his employer, or as a body of which he is or was at his death a member, or in any other way).

4

The BCC shall not entertain, or proceed with the consideration of, a complaint if it appears to them—

a

that the complaint relates to the broadcasting of the relevant programme, or to its inclusion in a licensed service, on an occasion more than five years after the death of the person affected, or

b

that the unjust or unfair treatment or unwarranted infringement of privacy complained of is the subject of proceedings in a court of law in the United Kingdom, or

c

that the unjust or unfair treatment or unwarranted infringement of privacy complained of is a matter in respect of which the person affected has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the BCC to consider a complaint about it, or

d

that the complaint is frivolous,

or if it appears to them for any other reason inappropriate for them to entertain, or proceed with the consideration of, the complaint.

5

The BCC may refuse to entertain a complaint if it appears to them not to have been made within a reasonable time after the last occasion on which the relevant programme was broadcast or, as the case may be, included in a licensed service.

6

Where, in the case of a complaint, the relevant programme was broadcast or included in a licensed service within five years after the death of the person affected, subsection (5) shall apply as if at the end there were added “within five years after the death of the person affected”.

7

The BCC may refuse to entertain—

a

a complaint of unjust or unfair treatment if the person named as the person affected was not himself the subject of the treatment complained of and it appears to the BCC that he did not have a sufficiently direct interest in the subject-matter of that treatment to justify the making of a complaint with him as the person affected; or

b

a complaint made under subsection (3) by a person other than the person affected or a person authorised by him, if it appears to the BCC that the complainant’s connection with the person affected is not sufficiently close to justify the making of the complaint by him.

the employees of the body,

to attend the BCC and assist them in their consideration of the complaint, or

c

where the relevant person is an individual, to attend, or to arrange for one or more of his employees to attend, the BCC and assist them in their consideration of the complaint.

7

Where the relevant person receives from the BCC a copy of a complaint and, in connection with the complaint, the BCC make to any other person a request to which this subsection applies, it shall be the duty of the relevant person to take such steps as he reasonably can to ensure that the request is complied with.

8

Subsection (7) applies to the following requests by the BCC to any such other person as is there mentioned, namely—

a

a request to make suitable arrangements for enabling the complainant and any member or employee of the BCC to view or hear the relevant programme, or any specified part of it, if and so far as the person requested has in his possession a visual or sound recording of it;

b

a request to provide the BCC and the complainant with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as the person requested is able to do so;

c

a request to provide the BCC and the complainant with copies of any documents in the possession of the person requested, being the originals or copies of any correspondence between that person and the person affected or the complainant in connection with the complaint;

d

a request to furnish to the BCC and the complainant a written statement in answer to the complaint;

e

a request to attend, or (where the person requested is not an individual) to arrange for a representative to attend, the BCC and assist them in their consideration of the complaint.

9

The BCC may, if they think fit, make to any person who attends them in connection with a complaint such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him so to attend.

10

In this section “the relevant person” means—

a

in a case where the relevant programme was broadcast by a broadcasting body, that body; and

b

in a case where the relevant programme was included in a licensed service, the licence holder providing the service.

which is licensed under Part I or (as the case may be) Part III of this Act, or any additional service (within the meaning of Part I or III of this Act) which is licensed under that Part of this Act and constitutes a teletext service;

“participant”, in relation to a programme, means a person who appeared, or whose voice was heard, in the programme;
“the person affected”—

a

in relation to any such unjust or unfair treatment as is mentioned in section 143(1), means a participant in the programme in question who was the subject of that treatment or a person who, whether such a participant or not, had a direct interest in the subject-matter of that treatment; and

b

in relation to any such unwarranted infringement of privacy as is so mentioned, means a person whose privacy was infringed;

“regulatory body” means the Independent Television Commission or the Radio Authority;
“the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;
“television programme” includes a teletext transmission, and references to programmes shall be construed accordingly;
“unjust or unfair treatment” includes treatment which is unjust or unfair because of the way in which material included in a programme has been selected or arranged.

F36Part VI The Broadcasting Standards Council

Annotations:

Amendments (Textual)

F36

Ss. 151-161 repealed (1.4.1997) by 1996 c. 55, ss. 148(2), 149(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

151 The Broadcasting Standards Council.

1

The council which at the commencement of this section is known as the Broadcasting Standards Council shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Act.

2

The Council shall consist of—

a

a chairman and a deputy chairman appointed by the Secretary of State; and

b

such number of other members appointed by the Secretary of State, not being less than four, as he may from time to time determine.

3

Schedule 14 to this Act shall have effect with respect to the Council.

each broadcasting or regulatory body; and

b

such other persons as appear to the Council to be appropriate.

153 Monitoring by Council of broadcasting standards.

1

It shall be the duty of the Council to monitor programmes to which this Part applies with a view to enabling the Council—

a

to make reports on the portrayal of violence and sexual conduct in, and the standards of taste and decency attained by, such programmes generally, and

b

to determine whether to issue complaints in respect of such programmes under section 154(7).

2

Subject to section 160(2), the Council may make reports on the matters specified in subsection (1)(a) on such occasions as they think fit; and any such report may include an assessment of either or both of the following, namely—

a

the attitudes of the public at large towards the portrayal of violence or sexual conduct in, or towards the standards of taste and decency attained by, programmes to which this Part applies; and

b

any effects or potential effects on the attitudes or behaviour of particular categories of persons of the portrayal of violence or sexual conduct in such programmes or of any failure on the part of such programmes to attain such standards.

3

The Council may publish any report made by them in pursuance of subsection (1)(a).

4

b

where the relevant programme is a sound programme, more than three weeks after that date,

unless it appears to them that in the particular circumstances it is appropriate for them to do so.

4

In subsection (3) “the relevant date” means—

a

the date on which the relevant programme was broadcast by a broadcasting body or included in a licensed service, or

b

where it has been so broadcast or included on more than one occasion, the date on which it was last so broadcast or included.

5

The Council shall not entertain, or proceed with the consideration of, a complaint if it appears to them—

a

that the matter complained of is the subject of proceedings in a court of law in the United Kingdom, or

b

that the matter complained of is a matter in respect of which the complainant has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the Council to consider a complaint about it, or

c

that the complaint is frivolous, or

d

that for any other reason it is inappropriate for them to entertain, or proceed with the consideration of, the complaint.

6

Where, apart from this subsection, there would fall to be considered by the Council two or more complaints which appear to them to raise the same, or substantially the same, issue or issues in relation to a particular programme, the Council may determine that those complaints shall be treated for the purposes of this Part as constituting a single complaint.

7

If it appears to the Council to be appropriate to do so, they may of their own motion issue complaints relating to matters falling within subsection (1)(a) or (b).

8

Any such complaint shall give particulars of the matters complained of.

in a case where the relevant programme was included in a licensed service, the licence holder providing that service.

156 Publication of Council’s findings.

1

Where the Council have considered and made their findings on any complaint, they may give the following directions, namely—

a

b

2

Those matters are—

a

a summary of the complaint; and

b

the Council’s findings, and any observations by them, on the complaint, or a summary of those findings and any such observations.

3

The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as may be approved by the Council.

4

A broadcasting or regulatory body shall comply with any directions given to them under this section.

5 157 Power of Council to commission research.

1

The Council may make arrangements for the undertaking of research into matters related to or connected with—

a

the portrayal of violence or sexual conduct in programmes to which this Part applies, or

b

standards of taste and decency for such programmes generally.

2

a

to each broadcasting or regulatory body; and

b

to every person providing a licensed service.

161 Interpretation of Part VI.

1

In this Part—

“the appropriate regulatory body”, in relation to a programme included in a licensed service, means the regulatory body by whom that service is licensed;
“broadcasting body” means the BBC or the Welsh Authority;
“the code” means the code referred to in section 152(1) (as for the time being in force);
“the Council” means the Broadcasting Standards Council;
“licensed service” means—

a

a television programme service (within the meaning of Part I of this Act), or

b

an independent radio service falling within paragraph (a) or (b) of section 84(1),

which is licensed under Part I or (as the case may be) Part III of this Act, or so much of any licensed delivery service (within the meaning of Part II of this Act) as is, by virtue of section 79(2) or (4), treated as the provision of a service licensed under Part I of this Act;

“regulatory body” means the Independent Television Commission or the Radio Authority;
“the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;
“sexual conduct” means any form of sexual activity or other sexual behaviour.

2

Any reference in this Part to programmes to which this Part applies shall be construed in accordance with section 152(2).

Part VII Prohibition on Inclusion of Obscene and Other Material in Programme Services

Obscenity

162 Obscenity in programme services: England and Wales.

1

In section 1 of the M9Obscene Publications Act 1959 (test of obscenity)—

a

the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have effect; and

b

the following subsections shall be added after that subsection—

4
For the purposes of this Act a person also publishes an article to the extent that any matter recorded on it is included by him in a programme included in a programme service.
5
Where the inclusion of any matter in a programme so included would, if that matter were recorded matter, constitute the publication of an obscene article for the purposes of this Act by virtue of subsection (4) above, this Act shall have effect in relation to the inclusion of that matter in that programme as if it were recorded matter.
6
In this section “programme” and “programme service” have the same meaning as in the Broadcasting Act 1990.

2

Schedule 15 to this Act shall have effect for the purpose of supplementing subsection (1) above.

163 Obscenity in programme services: Scotland.

1

Section 51 of the M10Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.

2

After subsection (2) there shall be inserted the following subsection—

2A
Subject to subsection (4) below, any person who—
a
is responsible for the inclusion of any obscene material in a programme included in a programme service; or
b
with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,
shall be guilty of an offence under this section.

3

In subsection (6), paragraph (a) shall cease to have effect.

4

In subsection (8)—

a

in the definition of “material”, the words from “and” onwards shall be omitted;

b

after the definition of “prescribed sum” there shall be inserted—

“programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;

c

the word “showing,” shall be omitted.

Racially inflammatory material etc.

164 Inclusion in programme services in Great Britain of racially inflammatory material.

1

Part III of the M11Public Order Act 1986 (racial hatred) shall be amended as follows.

2

In each of the following provisions, namely—

a

section 18(6) (exemption from prohibition applying to use of threatening words etc.),

b

section 20(3)(c) (exemption from prohibition applying to public performances of plays), and

c

section 21(4) (exemption from prohibition applying to distribution etc. of recordings),

c

the following definition shall be inserted after that definition—

F508 C27 C51 C90168 Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508 C28 C51 C90169 Offence of allowing premises to be used for purpose of unlawful broadcasting.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508 C29 C51 C90170 Prohibition of acts facilitating unauthorised broadcasting.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508 C30 C51 C90171 Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508 C31 C51 C90172 Amendments of provisions of 1949 Act relating to penalties and forfeiture.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508 C32 C51 C90173 Extension of search and seizure powers in relation to unlawful broadcasting etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F508174 Application of Part VIII to Isle of Man and Channel Islands.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IX Copyright and Related Matters

175 Use as of right of sound recordings in broadcasts and cable programme services.

1

In Chapter VII of Part I of the M21Copyright, Designs and Patents Act 1988 (copyright licensing) there shall be inserted after section 135—

Use as of right of sound recordings in broadcasts and cable programme services
135A Circumstances in which right available.
1
Section 135C applies to the inclusion in a broadcast or cable programme service of any sound recordings if—
a
a licence to include those recordings in the broadcast or cable programme service could be granted by a licensing body or such a body could procure the grant of a licence to do so,
b
the condition in subsection (2) or (3) applies, and
c
the person including those recordings in the broadcast or cable programme service has complied with section 135B.
2
Where the person including the recordings in the broadcast or cable programme service does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence—
a
whose terms as to payment for including the recordings in the broadcast or cable programme service would be acceptable to him or comply with an order of the Copyright Tribunal under section 135D relating to such a licence or any scheme under which it would be granted, and
b
allowing unlimited needletime or such needletime as he has demanded.
3
Where he holds a licence to include the recordings in the broadcast or cable programme service, the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within subsection (2)(a).
4
The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.
5
In the group of sections from this section to section 135G—
“needletime” means the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast or cable programme service;
“sound recording” does not include a film sound track when accompanying a film.
6
In sections 135B to 135G, “terms of payment” means terms as to payment for including sound recordings in a broadcast or cable programme service.
135B Notice of intention to exercise right.
1
A person intending to avail himself of the right conferred by section 135C must—
a
give notice to the licensing body of his intention to exercise the right, asking the body to propose terms of payment, and
b
after receiving the proposal or the expiry of a reasonable period, give reasonable notice to the licensing body of the date on which he proposes to begin exercising that right, and the terms of payment in accordance with which he intends to do so.
2
Where he has a licence to include the recordings in a broadcast or cable programme service, the date specified in a notice under subsection (1)(b) must not be sooner than the date of expiry of that licence except in a case falling within section 135A(3).
3
Before the person intending to avail himself of the right begins to exercise it, he must—
a
give reasonable notice to the Copyright Tribunal of his intention to exercise the right, and of the date on which he proposes to begin to do so, and
b
apply to the Tribunal under section 135D to settle the terms of payment.
135C Conditions for exercise of right.
1
A person who, on or after the date specified in a notice under section 135B(1)(b), includes in a broadcast or cable programme service any sound recordings in circumstances in which this section applies, and who—
a
complies with any reasonable condition, notice of which has been given to him by the licensing body, as to inclusion in the broadcast or cable programme service of those recordings,
b
provides that body with such information about their inclusion in the broadcast or cable programme service as it may reasonably require, and
c
makes the payments to the licensing body that are required by this section,
shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question.
2
Payments are to be made at not less than quarterly intervals in arrears.
3
The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under section 135D or, if no such order has been made—
a
in accordance with any proposal for terms of payment made by the licensing body pursuant to a request under section 135B, or
b
where no proposal has been so made or the amount determined in accordance with the proposal so made is unreasonably high, in accordance with the terms of payment notified to the licensing body under section 135B(1)(b).
4
Where this section applies to the inclusion in a broadcast or cable programme service of any sound recordings, it does so in place of any licence.
135D Applications to settle payments.
1
On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
2
An order under subsection (1) has effect from the date the applicant begins to exercise the right conferred by section 135C and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.
135E References etc. about conditions, information and other terms.
1
A person exercising the right conferred by section 135C, or who has given notice to the Copyright Tribunal of his intention to do so, may refer to the Tribunal—
a
any question whether any condition as to the inclusion in a broadcast or cable programme service of sound recordings, notice of which has been given to him by the licensing body in question, is a reasonable condition, or
b
any question whether any information is information which the licensing body can reasonably require him to provide.
2
On a reference under this section, the Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
135F Application for review of order.
1
A person exercising the right conferred by section 135C or the licensing body may apply to the Copyright Tribunal to review any order under section 135D or 135E.
2
An application shall not be made, except with the special leave of the Tribunal—
a
within twelve months from the date of the order, or of the decision on a previous application under this section, or
b
if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.
3
On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
4
An order under this section has effect from the date on which it is made or such later date as may be specified by the Tribunal.
135G Factors to be taken into account.
1
In determining what is reasonable on an application or reference under section 135D or 135E, or on reviewing any order under section 135F, the Copyright Tribunal shall—
a
have regard to the terms of any orders which it has made in the case of persons in similar circumstances exercising the right conferred by section 135C, and
b
exercise its powers so as to secure that there is no unreasonable discrimination between persons exercising that right against the same licensing body.
2
In settling the terms of payment under section 135D, the Tribunal shall not be guided by any order it has made under any enactment other than that section.
3
Section 134 (factors to be taken into account: retransmissions) applies on an application or reference under sections 135D to 135F as it applies on an application or reference relating to a licence.

2

In section 149 of that Act (jurisdiction of the Copyright Tribunal), after paragraph (c) there shall be inserted—

“(cc) section 135D or 135E (application or reference with respect to use as of right of sound recordings in broadcasts or cable programme services);”.

3

In section 179 of that Act (index of defined expressions)—

a

in the appropriate places in alphabetical order there shall be inserted—

needletime section 135A

terms of payment section 135A

b

in the entry for sound recordings, for “section 5” there shall be substituted “ sections 5 and 135A ”.

176 Duty to provide advance information about programmes.

1

A person providing a programme service to which this section applies must make available in accordance with this section information relating to the programmes to be included in the service to any person (referred to in this section and Schedule 17 to this Act as “the publisher”) wishing to publish in the United Kingdom any such information.

2

The duty imposed by subsection (1) is to make available information as to the titles of the programmes which are to be, or may be, included in the service on any date, and the time of their inclusion, to any publisher who has asked the person providing the programme service to make such information available to him and reasonably requires it.

3

Information to be made available to a publisher under this section is to be made available as soon after it has been prepared as is reasonably practicable but, in any event—

a

not later than when it is made available to any other publisher, and

b

in the case of information in respect of all the programmes to be included in the service in any period of seven days, not later than the beginning of the preceding period of fourteen days, or such other number of days as may be prescribed by the Secretary of State by order.

4

An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

The duty imposed by subsection (1) is not satisfied by providing the information on terms, other than terms as to copyright, prohibiting or restricting publication in the United Kingdom by the publisher.

6

Schedule 17 applies to any information or future information which the person providing a programme service to which this section applies is or may be required to make available under this section.

7

For the purposes of this section and that Schedule, the following table shows the programme services to which the section and Schedule apply and the persons who provide them or are to be treated as providing them.

Programme service	Provider of service
Services other than services under the Act
Television and national radio services provided by the BBC for reception in the United Kingdom	The BBC
Services under the Act
Television programme services subject to F370regulation by OFCOM	The person licensed to provide the service
F371The public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003)	The Authority
Any national service (see F372section 126(1) ) subject to regulation by F373OFCOMF37, any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by F373OFCOM	The person licensed to provide the service
Services provided during interim period only
Television broadcasting services provided by the Independent Television Commission in accordance with Schedule 11, other than Channel 4	The programme contractor
Channel 4, as so provided	The body corporate referred to in section 12(2) of the Broadcasting Act 1981

8

This section does not require any information to be given about any advertisement.

Part X Miscellaneous and General

Foreign satellite services

C61177 Orders proscribing unacceptable foreign satellite services.

1

F576180 Transfer to BBC of functions connected with television licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F495 C50181 Certain apparatus to be deemed to be apparatus for wireless telegraphy.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Listed events

F41182.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gaelic television programmes

C33 C62183 Financing of programmes in Gaelic out of Gaelic Television Fund.

F5681

The Scottish Ministers must, for each financial year, pay to OFCOM such amount as they may determine to be appropriate for the purposes of this section.

2

Any amount received by F378OFCOM under subsection (1) shall be carried by them to the credit of a fund established F383by the Independent Television Commission under this section and known as the F42Gaelic Broadcasting Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of F378OFCOM).

3

The Fund shall be under the management of a body established for the purposes of this section F382...

F3813A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3773B

The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.

4A

In carrying out their functions, the Service may finance, or engage in, any of the following—

a

the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;

b

the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;

c

research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.

4B

But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—

a

a Channel 3 service;

b

Channel 4;

c

Channel 5;

d

a national sound broadcasting service;

e

a national digital sound programme service; or

f

a television multiplex service or a radio multiplex service.

5

When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.

F3796

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3797

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5698

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3809

In this section, section 183A and Schedule 19—

“Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1;
“national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996;
“national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section;
“Gaelic” means the Gaelic language as spoken in Scotland;
“programme” includes any item included in a programme service;
“radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996;
“the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service);
“television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996;

and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.

183AF425Membership of the Gaelic Media Service

1

The Service shall consist of not more than twelve members.

2

The members of the Service are to be appointed by OFCOM

3

OFCOM must appoint one of the members to be the chairman of the Service.

4

The approval of the Secretary of State F570and the Scottish Ministers is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.

5

The members of the Service must include—

a

a member nominated by the BBC;

b

a member nominated by Highlands and Islands Enterprise; and

c

a member nominated by F504Bòrd na Gàidhlig.

6

When appointing members of the Service, OFCOM must have regard to—

a

the desirability of having members of the Service who are proficient in written and spoken Gaelic; and

b

any guidance issued by the Secretary of State F571with the agreement of the Scottish Ministers for the purposes of this section.

7

OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—

F565a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F565b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the independent television and radio production industries in Scotland;

d

other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.

8

Schedule 19 to this Act shall have effect with respect to the Service.

9

In this section—

F505“Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005
“regional Channel 3 service” has the same meaning as in Part 1.

F50610

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50611

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F566184 Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National television archive

C63185 Contributions towards maintenance of national television archive.

1

F388OFCOM shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 F384, Channel 4 and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.

2

In this section “the nominated body” means such body as may for the time being be nominated by F388OFCOM for the purposes of this section, being a body which—

a

is for the time being a designated body for the purposes of section 75 of the M24Copyright, Designs and Patents Act 1988 (recordings for archival purposes), and

b

appears to F388OFCOM to be in a position to maintain a national television archive.

3

A Channel 3 F385, Channel 4 or Channel 5 licence shall include conditions requiring the licence holder to pay to F388OFCOM , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).

4

Any amount received by F388OFCOM by virtue of subsection (3) shall be transmitted by them to the nominated body.

5

In this section—

F387...
“Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.
F386“Channel 4 licence” means—
1. a
  the licence referred to in section 231(1)(b) of the Communications Act 2003; and
2. b
  a licence renewing that licence on the first or any subsequent occasion.

Duties of BBC as respects independent productions

F389186 Duty of BBC to include independent productions in their television services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

187 Information to be furnished by BBC for purposes of reports under section 186.

F3901

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3902

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to give directions relating to international obligations

188 Power to give broadcasting bodies etc. directions relating to international obligations.

1

A body to which this section applies shall carry out any functions which the Secretary of State may by order direct them to carry out for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any international obligations of the United Kingdom.

2

This section applies to—

a

the BBC;

F391b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the Welsh Authority;

F392d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F392e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Matters relating to telecommunication systems

F424189 Sharing of apparatus by operators of telecom- munication systems.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F424190 Modification of certain references in Telecom- munications Act licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F424191 Revocation of class licence to run broadcast relay systems.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of competition legislation

F99192 Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C46193F102Modification of networking arrangements in consequence of competition legislation

1

Where F394the relevant authority makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

2

In subsection (1) “relevant order” means—

a

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

i

one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or

ii

one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or

b

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.

F3932A

In subsection (1), “relevant authority” means—

a

in relation to a relevant order falling within subsection (2)(a), the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State;

b

in relation to a relevant order falling within subsection (2)(b), the Office of Fair Trading, the Competition Commission, the Secretary of State or (as the case may be) OFCOM.

3

Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

4

In this section —

“networking arrangements” means any such arrangements as are mentioned in F395section 290(4) of the Communications Act 2003; and
“regional Channel 3 service” has the meaning given by section 14(6) above.

C641

If a justice of the peace is satisfied by information on oath—

a

that there is reasonable ground for suspecting that an offence under section 13 F409... or 97 has been or is being committed on any premises specified in the information, and

b

that evidence of the commission of the offence is to be found on those premises,

he may grant a search warrant conferring power on any person or persons authorised in that behalf by F410OFCOM to enter and search the premises specified in the information at any time within one month from the date of the warrant.

F4082

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

4

A person who discloses, otherwise than for the purposes of any legal proceedings or of a report of any such proceedings, any information obtained by means of an exercise of powers conferred by this section shall be guilty of an offence and liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

5

In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.

6

In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to a complaint on oath.

F411197 Restriction on disclosure of information.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

198 Financial provisions.

1

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

2

Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

199 Notices.

F4121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Any notice served F414by OFCOM under section 21, 41, 42, 55,F543 97B, 103, F553105A, 109, 110, 111 or 120 shall be published in such manner as that body consider appropriate, and shall be so published as soon as reasonably practicable after it is served.

F4136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

200 Regulations and orders.

1

Any power of the Secretary of State to make regulations or an order under this Act shall be exercisable by statutory instrument.

2

Any regulations or order made by the Secretary of State under this Act may make—

a

different provision for different cases; and

b

such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

201 Programme services.

1

In this Act “programme service” means any of the following services (whether or not it is, or it requires to be, licensed F418...), namely—

F416aa

any service which is a programme service within the meaning of the Communications Act 2003;

c

any other service which consists in the sending, by means of F417an electronic communications network (within the meaning of the Communications Act 2003) , of sounds or visual images or both either—

i

for reception at two or more places in the United Kingdom (whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service); or

ii

for reception at a place in the United Kingdom for the purpose of being presented there to members of the public or to any group of persons.

F4152A

Subsection (1)(c) does not apply to so much of a service consisting only of sound programmes as—

a

is a two-way service (within the meaning of section 248(4) of the Communications Act 2003);

b

satisfies the conditions in section 248(5) of that Act; or

c

is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 248(7) of that Act.

2B

Subsection (1)(c) does not apply to so much of a service not consisting only of sound programmes as—

a

is a two-way service (within the meaning of section 232 of the Communications Act 2003);

b

satisfies the conditions in section 233(5) of that Act; or

c

is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 233(7) of that Act.

202 General interpretation.

1

In this Act (unless the context otherwise requires)—

“advertising agent” shall be construed in accordance with subsection (7);
F557“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services
“the BBC” means the British Broadcasting Corporation;
F46“a BBC company” means—
1. a
  any body corporate which is controlled by the BBC, or
2. b
  any body corporate in which the BBC or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);
“body”, without more, means a body of persons whether incorporated or not, and includes a partnership;
“broadcast” means broadcast by wireless telegraphy;
F47“a Channel 4 company” means—
1. a
  any body corporate which is controlled by the Channel Four Television Corporation, or
2. b
  any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);
“connected”, in relation to any F48person, shall be construed in accordance with paragraph 3 in Part I of Schedule 2;
“control”, in relation to a body, has the meaning given by paragraph 1(1) in that Part of that Schedule;
“dwelling-house” includes a hotel, inn, boarding-house or other similar establishment;
F577“EEA Agreement” and “EEA State” have the meaning given by Schedule 1 to the Interpretation Act 1978;
F577...
“financial year” shall be construed in accordance with subsection (2);
“frequency” includes frequency band;
“modifications” includes additions, alterations and omissions;
F420“OFCOM” means the Office of Communications;
F420“pension scheme” means a scheme for the payment of pensions, allowances or gratuities;
F545“product placement” has the meaning given by paragraph 1 of Schedule 11A to the Communications Act 2003;
“programme” includes an advertisement and, in relation to any service, includes any item included in that service;
F49“an S4C company” means—
1. a
  any body corporate which is controlled by the Welsh Authority, or
2. b
  any body corporate in which the Welsh Authority or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);
F421...
“the Welsh Authority” means the authority renamed Sianel Pedwar Cymru by section 56(1);
F513“wireless telegraphy” and “wireless telegraphy station” each has the same meaning as in the Wireless Telegraphy Act 2006.

2

In any provision of—

a

F50. . .

b

Schedule F422..., 2, 3, 6, F422..., F51. . . or 19,

“financial year” means a financial year of the body with which that provision is concerned; and in any other provision of this Act “financial year” means the twelve months ending with 31st March.

3

In this Act—

a

references to pensions, allowances or gratuities include references to like benefits to be given on death or retirement; and

b

any reference to the payment of pensions, allowances or gratuities to or in respect of any persons includes a reference to the making of payments towards provision for the payment of pensions, allowances or gratuities to or in respect of those persons.

a person who carries on such a business shall be regarded as carrying on business as an advertising agent irrespective of whether in law he is the agent of those for whom he acts;

c

a person who is the proprietor of a newspaper shall not be regarded as carrying on business as an advertising agent by reason only that he makes arrangements on behalf of advertisers whereby advertisements appearing in the newspaper are also to appear in one or more other newspapers;

d

a company or other body corporate shall not be regarded as carrying on business as an advertising agent by reason only that its objects or powers include or authorise that activity.

203 Consequential and transitional provisions.

1

The enactments mentioned in Schedule 20 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the provisions of this Act).

2

Unless the context otherwise requires, in any enactment amended by this Act—

“programme”, in relation to a programme service, includes any item included in that service; and
“television programme” includes a teletext transmission.

3

The enactments mentioned in Schedule 21 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

4

The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

204 Short title, commencement and extent.

1

This Act may be cited as the Broadcasting Act 1990.

C342

This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

3

Subject to subsections (4) and (5), this Act extends to the whole of the United Kingdom.

4

In Part VII—

a

section 162 and Schedule 15 extend to England and Wales only;

b

section 163 extends to Scotland only;

c

section 164 extends to England and Wales and Scotland; and

d

section 165 extends to Northern Ireland only.

5

The amendments and repeals in Schedules 20 and 21 have the same extent as the enactments to which they refer.

6

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such modifications, if any, as appear to Her Majesty to be appropriate.

SCHEDULES

F446SCHEDULE 1 The Independent Television Commission: Supplementary Provisions

Section 1.

Annotations:

Amendments (Textual)

F446

Sch. 1 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F446 Status and capacity

F4461

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Appointment of members

F4462

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Tenure of office

F4463

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Remuneration and pensions of members

F4464

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Disqualification of members of Commission for House of Commons and Northern Ireland Assembly

F4465

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Proceedings

F4466

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4467

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4468

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Employees of the Commission

F4469

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Authentication of Commission’s seal

F44610

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Presumption of authenticity of documents issued by Commission

F44611

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Finances of Commission

F44612

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Advances to Commission

F44613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Accounts and audit

F44614

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Annual reports

F44615

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F446 Advisory committees

F44616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 Restrictions on the Holding of Licences

Sections 5 and 88.

C72Part I General

Annotations:

Modifications etc. (not altering text)

C72

Sch. 2 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 14 para. 18 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

1

In this Schedule—

F53“the 1996 Act” means the Broadcasting Act 1996;
“advertising agency” means an individual or a body corporate who carries on business as an advertising agent (whether alone or in partnership) or has control over any body corporate which carries on business as an advertising agent, and any reference to an advertising agency includes a reference to an individual who—
1. a
  is a director or officer of any body corporate which carries on such a business, or
2. b
  is employed by any person who carries on such a business;
“associate”—
1. a
  F54in relation to a body corporate, shall be construed in accordance with paragraph (1A), and
2. b
  in relation to an individual, shall be construed in accordance with sub-paragraph (2);
F486“Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;
“control”—
1. a
  in relation to a body corporate, shall be construed in accordance with sub-paragraph (3), and
2. b
  in relation to any body other than a body corporate, means the power of a person to secure, F55by whatever means and whether directly or indirectly, that the affairs of the first-mentioned body are conducted in accordance with the wishes of that person;
F490...
F490...
“equity share capital” has the same meaning as in F533the Companies Acts (see section 548 of the Companies Act 2006);
“local authority”—
1. a
  in relation to England F56. . ., means any of the following, that is to say, the council of a county, district or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;
2. aa
  F57in relation to Wales, means a county council or county borough council;
3. b
  in relation to Scotland, means a F58council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
4. c
  in relation to Northern Ireland, means a district council;
F490...
F490...
F490...
“participant”, in relation to a body corporate, means a person who holds or is beneficially entitled to shares in that body or who possesses voting power in that body.
F490...

F591A

For the purpose of determining the persons who are the associates of a body corporate for the purposes of this Schedule—

a

an individual shall be regarded as an associate of a body corporate if he is a director of that body corporate, and

b

a body corporate and another body corporate shall be regarded as associates of each other if one controls the other or if the same person controls both.

2

For the purpose of determining the persons who are an individual’s associates for the purposes of this Schedule, the following persons shall be regarded as associates of each other, namely—

a

any individual and that individual’s husband or wife F500or civil partner and any relative, or husband or wife F500or civil partner of a relative, of that individual or of that individual’s husband or wife F500or civil partner;

b

any individual and any body corporate of which that individual is a director;

c

any person in his capacity as trustee of a settlement and the settlor or grantor and any person associated with the settlor or grantor;

d

persons carrying on business in partnership and the husband or wife F501or civil partner and relatives of any of them;

e

7

Sub-paragraph (6) shall have effect subject to the necessary modifications in relation to other references in this Schedule—

a

to an interest of more than a specified percentage in a body corporate, or

b

to an interest of a specified percentage or more in a body corporate.

F4918

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

1

F62Subject to sub-paragraph (1A)Any reference in paragraph 1 above to a person—

a

holding or being entitled to shares, or any amount of the shares or equity share capital, in a body corporate, or

b

F4733B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4784

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C92Part II Disqualification for Holding Licences

Annotations:

Modifications etc. (not altering text)

C92

Sch. 2 Pt. II applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), arts. 1(2), 6 (as amended (27.3.2015) by S.I. 2015/1000, art. 2)

General disqualification of non-EEC nationals and bodies having political connections

1

Subject to F480sub-paragraph (1A), the following persons are disqualified persons in relation to F444a Broadcasting Act licence—

F482a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F482b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a local authority;

d

a body whose objects are wholly or mainly of a political nature;

e

a body affiliated to a body falling within paragraph (d);

f

an individual who is an officer of a body falling within paragraph (d) or (e);

g

a body corporate which is an associate of a body corporate falling within paragraph (d) or (e);

h

a body corporate in which a body falling within any of paragraphs (c) to (e) and (g) is a participant with more than a 5 per cent. interest;

F67hh

a body corporate which is controlled by a body corporate falling within paragraph (h);

i

a body which is controlled by a person falling within any of paragraphs F483(c) to (g) or by two or more such persons taken together; and

j

a body corporate in which a body falling within paragraph (i), other than one which is controlled—

i

by a person falling within paragraph F484... (f), or

ii

by two or more such persons taken together,

is a participant with more than a 5 per cent. interest.

F4811A

Where a service is provided exclusively for the purposes of the carrying out of the functions of a local authority under section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities), a person is disqualified by virtue of sub-paragraph (1) in relation to a licence to provide that service only if he would be so disqualified disregarding paragraph (c) of that sub-paragraph.

F4852

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4853

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification of religious bodies

2

1

F106The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)—

a

a body whose objects are wholly or mainly of a religious nature;

b

a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together;

c

a body which controls a body falling within paragraph (a);

d

a body corporate which is an associate of a body corporate falling within paragraph (a), (b) or (c);

e

a body corporate in which a body falling within any of paragraphs (a) to (d) is a participant with more than a 5 per cent. interest;

f

an individual who is an officer of a body falling within paragraph (a); and

g

a body which is controlled by an individual falling within paragraph (f) or by two or more such individuals taken together.

F1071A

A licence falls within this sub-paragraph if it is—

a

a Channel 3 licence;

b

a Channel 5 licence;

c

a national sound broadcasting licence;

d

a public teletext licence;

e

an additional television service licence;

f

a television multiplex licence; or

g

a radio multiplex licence.

1B

In this paragraph—

“additional television service licence” means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;
“Channel 3 licence” and “Channel 5 licence” each has the same meaning as in Part 1 of this Act;
“national sound broadcasting licence” means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);
“public teletext licence” means a licence to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);
“radio multiplex licence” means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and
“television multiplex licence” means a licence under Part 1 of the Broadcasting Act 1996 to provide a multiplex service within the meaning of that Part.

Disqualification of publicly-funded bodies for radio service licences

3

1

The following persons are disqualified persons in relation to any licence granted F479under Part 3 of this Act or Part 2 of the Broadcasting Act 1996 other than a licence to provide a restricted service—

a

a body F68(other than a local authority, the Welsh Authority or the BBC) which has, in its last financial year, received more than half its income from public funds;

b

a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together; and

c

a body corporate in which a body falling within paragraph (a) or (b) is a participant with more than a 5 per cent. interest.

2

For the purposes of sub-paragraph (1)(a) money is received from public funds if it is paid—

a

by a Minister of the Crown out of money provided by Parliament or out of the National Loans Fund;

b

by a Northern Ireland department out of the Consolidated Fund of Northern Ireland or out of money appropriated by Measure of the Northern Ireland Assembly; or

c

by a body which itself falls within sub-paragraph (1)(a), including a body which falls within that provision by virtue of this paragraph;

but, in each case, there shall be disregarded any money paid as consideration for the acquisition of property or the supply of goods or services or as remuneration, expenses, pensions, allowances or similar benefits for or in respect of a person as the holder of an office.

General disqualification on grounds of undue influence

4

1

A person is a disqualified person in relation to F444a Broadcasting Act licence if in the opinion of F474OFCOM—

a

any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the activities of that person, and

b

that influence has led, is leading or is likely to lead to results which are adverse to the public interest.

2

In sub-paragraph (1) “relevant body”—

a

in relation to a licence granted F475under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) above or a body which is controlled—

i

by a person falling within paragraph 1(1)(c) to (g) above, or

ii

by two or more such persons taken together; and

b

in relation to a licence granted F476under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) or 3 above or a body which is controlled .

F477i

by a person falling within paragraph 1(1)(c) to (g) above;

ii

by a person falling within paragraph 3 above; or

iii

by two or more persons taken together each of whom falls within sub-paragraph (i) or (ii) (whether or not they all fall within the same sub-paragraph).

General disqualification of broadcasting bodies

5

The following persons are disqualified persons in relation to F444a Broadcasting Act licence —

a

the BBC;

b

the Welsh Authority;

F69c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71Disqualification of certain companies for certain licences

Annotations:

Amendments (Textual)

F71

Sch. 2 Pt. II para. 5A and cross-heading inserted (24.7.1996 for certain purposes, otherwise 1.10.1996) by 1996 c. 55, ss. 73, 149(1)(a), Sch. 2 Pt. II para. 9 (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F705A

1

A BBC company, a Channel 4 company or an S4C company is a disqualified person in relation to—

a

any licence F468... to provide regional or national Channel 3 services or Channel 5, F469...

F469b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

A BBC company is also a disqualified person in relation to any licence F470... to provide a national, local or restricted service within the meaning of Part III of this Act.

F4713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General disqualification of advertising agencies

6

The following persons are disqualified persons in relation to F444a Broadcasting Act licence—

a

an advertising agency;

b

an associate of an advertising agency;

c

any body which is controlled by a person falling within sub-paragraph (a) or (b) or by two or more such persons taken together;

d

any body corporate in which a person falling within any of sub-paragraphs (a) to (c) is a participant with more than a 5 per cent. interest.

F445Part III. Restrictions to Prevent Accumulations of Interests in Licensed Services

Annotations:

Amendments (Textual)

F445

Sch. 2 Pts. III-V repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 350(1), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F445Part IV Restrictions on Controlling Interests in Both Newspapers and Licensed Services

F445Part V Restriction on Holding of Licences by Operators of Public Telecommunication Systems

C76SCHEDULE 3 The Channel Four Television Corporation: Supplementary Provisions

Section 23.

Annotations:

Modifications etc. (not altering text)

C76

Sch. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 4 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Status and capacity

a

to each member other than an ex-officio member such remuneration and allowances, and

b

to each ex-officio member such allowances,

as F443OFCOM may determine.

2

The Corporation may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as F443OFCOM may determine.

3

Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to F443OFCOM that there are special circumstances which make it right for him to receive compensation, the Corporation may make a payment to him of such amount as F443OFCOM may determine.

4

Sub-paragraphs (2) and (3) do not apply in relation to ex-officio members of the Corporation.

5

The approval of the Treasury shall be required for any determination under this paragraph other than a determination under sub-paragraph (1) having effect in relation to an ex-officio member of the Corporation.

Disqualification of members of Corporation for House of Commons and Northern Ireland Assembly

5

In Part II of Schedule 1 to the M25House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there shall be inserted at the appropriate place—

The Channel Four Television Corporation

Proceedings

6

1

Subject to paragraph 7, the quorum of the Corporation and the arrangements relating to their meetings shall be such as the Corporation may determine.

2

The arrangements may, with the approval of F443OFCOM , provide for the discharge, under the general direction of the Corporation, of any of the Corporation’s functions by a committee or by one or more of the members or employees of the Corporation.

7

1

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Corporation shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the Corporation, or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Corporation at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the Corporation by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the Corporation include references to a meeting of any of their committees.

8

The validity of any proceedings of the Corporation shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.

Employees of the Corporation

9

1

The Corporation shall appoint a chief executive of the Corporation, and may appoint such other employees as they may determine.

2

If the Corporation determine to do so in the case of any of their employees, the Corporation shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Corporation may determine.

3

If any employee of the Corporation—

a

is a participant in any pension scheme applicable to his employment, and

b

becomes a member of the Corporation other than an ex-officio member,

he may, if F443OFCOM so determine, be treated for the purposes of the pension scheme as if his service as a member of the Corporation were service as an employee of the Corporation.

Authentication of Corporation’s seal

10

The application of the seal of the Corporation shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by Corporation

11

Any document purporting to be an instrument issued by the Corporation and to be duly executed under the seal of the Corporation or to be signed on behalf of the Corporation shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

12

1

The Corporation shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury.

2

The accounts of the Corporation shall be audited by auditors to be appointed by the Corporation with the approval of the Secretary of State.

F723

A person shall not be qualified to be appointed as a auditor in pursuance of sub-paragraph (2) unless he is eligible for appointment as a F522statutory auditor under Part 42 of the Companies Act 2006.

4

The Corporation shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

a

afford to him or them full liberty to examine the accounts of the Corporation; and

b

furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of the Corporation.

Annual reports

13

1

As soon as possible after the end of every financial year, the Corporation shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.

2

The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement, and shall include such information (including information relating to the financial position of the Corporation) as the Secretary of State may from time to time direct.

F266SCHEDULE 4 References with Respect to Networking Arrangements

Section 39.

Annotations:

Amendments (Textual)

F266

Sch. 4 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F266 Report by OFT on reference under s. 39

F2661

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 The competition test

F2662

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Duty to modify arrangements in consequence of OFT’s report

F2663

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 References to Monopolies and Mergers CommissionMMC

F2664

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266Further provision about references under paragraph 4

F2664A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Report by Monopolies and Mergers CommissionMMC on reference under paragraph 4

F2665

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Duty to modify arrangements in consequence of Monopolies and Mergers CommissionMMC’s report

F2666

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Power of OFT to review previous decision with respect to arrangements

F2667

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Power to obtain information

F2668

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266Enforcement

F2668A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2668B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266False or misleading information

F2668C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Duty of OFT to assist Monopolies and Mergers CommissionMMC

F2669

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 Interpretation

F26610

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267SCHEDULE 5 Special Provisions Relating to Public Teletext Service

Section 50.

Annotations:

Amendments (Textual)

F267

Sch. 5 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F267 The relevant service

F2671

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Applications for licence to provide the relevant service

F2672

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Consideration of applications and award of licence

F2673

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Conditions requiring licence holder to deliver promised service

F2674

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Failure to begin providing licensed service and financial penalties on revocation of licence

F2675

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Renewal of licence to provide relevant service

F2676

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 Additional methods of enforcement of licence to provide relevant service

F2677

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 The Welsh Authority: Supplementary Provisions

Section 56.

Status and capacity

1

The Welsh Authority (in this Schedule referred to as “the Authority”) shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown.

F4652

The Authority may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

3

The powers of the Authority under sub-paragraph (2) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

a

to carry on activities (other than those comprised in their duty to carry out their functions under section 204 of the Communications Act 2003) through S4C companies; and

b

to participate with others in the carrying on of any such activities.

Appointment of members

In Part II of Schedule 1 to the M27House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there shall be inserted at the appropriate place—

Sianel Pedwar Cymru

Proceedings

6

1

Subject to paragraph 7, the quorum of the Authority and the arrangements relating to their meetings shall be such as the Authority may determine.

2

The arrangements may provide for the discharge, under the general direction of the Authority, of any of the Authority’s functions by a committee or by one or more of the members or employees of the Authority.

7

1

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the Authority, or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Authority at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the Authority by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the Authority in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the Authority include references to a meeting of any of their committees.

8

The validity of any proceedings of the Authority shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.

Employees of the Authority

9

1

The Authority shall appoint a secretary and may appoint such other employees as they may determine.

2

If the Authority determine to do so in the case of any of their employees, the Authority shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Authority may determine.

3

If any employee of the Authority—

a

is a participant in any pension scheme applicable to his employment, and

b

becomes a member of the Authority,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Authority were service as an employee of the Authority.

Authentication of Authority’s seal

10

The application of the seal of the Authority shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by Authority

11

Any document purporting to be an instrument issued by the Authority and to be duly executed under the seal of the Authority or to be signed on behalf of the Authority shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

12

1

The Authority shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury.

F731A

The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with F211the assets of the Authority that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets.

2

The accounts of the Authority shall be audited by auditors to be appointed by the Authority with the approval of the Secretary of State.

F743

A person shall not be qualified to be appointed as a auditor in pursuance of sub-paragraph (2) unless he is eligible for appointment as a F523statutory auditor under Part 42 of the Companies Act 2006.

4

The Authority shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

a

afford to him or them full liberty to examine the accounts of the Authority; and

b

furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of the Authority.

Annual reports

13

1

As soon as possible after the end of every financial year, the Authority shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.

2

The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement, F210....

F2093

The report shall also—

a

set out every contravention notification given by OFCOM to the Authority during the year; and

b

include such other information (including information relating to the Authority’s financial position) as the Secretary of State may from time to time direct.

4

In sub-paragraph (3), “contravention notification” means a notification of a determination by OFCOM of a contravention by the Authority of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.

Advisory committees

14

The Authority may appoint, or arrange for the assistance of, advisory committees to give advice to them on such matters relating to the Authority’s functions as the Authority may determine.

SCHEDULE 7 Qualifying Revenue: Supplementary Provisions

Sections 67, 77 and 121.

C66 C71 C56Part I Qualifying Revenue for purposes of Part I or II of this Act

Annotations:

Modifications etc. (not altering text)

C66

Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 9 para. 8(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C71

Sch. 7 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 15(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C56

Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 237(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Computation of qualifying revenue

1

It shall be the duty of F441OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person—

a

for any accounting period of his, or

b

for any year,

for the purposes of any provision of Part I or Part II of this Act.

2

3

Before drawing up or revising a statement under this paragraph F442OFCOM shall consult the Secretary of State and the Treasury.

4

F442OFCOM shall—

a

publish the statement drawn up under this paragraph and every revision of that statement; and

b

transmit a copy of that statement, and every revision of it, to the Secretary of State;

and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.

Disputes

2

1

For the purposes of any provision of Part III of this Act—

a

the amount of the qualifying revenue for any accounting period of a person, or

b

the amount of any payment to be made to F442OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,

shall, in the event of a disagreement between F442OFCOM and that person, be the amount determined by F442OFCOM .

2

No determination of F442OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.

F269SCHEDULE 8 The Radio Authority: Supplementary Provisions

Section 83.

Annotations:

Amendments (Textual)

F269

Sch. 8 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F269 Status and capacity

F2691

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Appointment of members

F2692

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Tenure of office

F2693

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Remuneration and pensions of members

F2694

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Disqualification of members of Authority for House of Commons and Northern Ireland Assembly

F2695

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Proceedings

F2696

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2697

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2698

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Employees of the Authority

F2699

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Authentication of Authority’s seal

F26910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Presumption of authenticity of documents issued by Authority

F26911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Finances of Authority

F26912

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Advances to Authority

F26913

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Accounts and audit

F26914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Annual reports

F26915

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269 Advisory committees

F26916

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 Scheme Providing for Division of Assets of IBA

Section 127.

Preliminary

1

In this Schedule—

“relevant transferee” shall be construed in accordance with paragraph 2(1) below; and
“transfer scheme” means a scheme under this Schedule made either by the IBA under paragraph 2(1) below or by the Secretary of State under paragraph 2(4) below.

Making and modification of transfer scheme

5

1

This paragraph applies where—

a

in consequence of any transfer made in accordance with a transfer scheme, any right or liability of a person (other than the IBA or any relevant transferee) which was enforceable against or by the IBA becomes enforceable against or by one or more relevant transferees; and

b

apart from this Schedule that person’s consent or concurrence would have been required for that right or liability to become so enforceable;

and in this paragraph references to a third party are references to any such person.

2

Subject to sub-paragraph (3), the IBA shall take reasonable steps to identify any third party and to notify him of the effect of the transfer in question on any right or liability of his falling within sub-paragraph (1), and of the effect of sub-paragraph (4).

3

A transfer scheme may provide that the duties imposed on the IBA by sub-paragraph (2) in relation to a transfer shall be imposed instead on such one of the relevant transferees as may be specified in the scheme.

4

Where—

a

any right or liability of a third party has become enforceable against or by more than one relevant transferee, and

b

the value of any property or interest of the third party is diminished thereby,

such compensation as is just shall be paid to the third party by one or more of the relevant transferees.

5

Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (4), or as to the person to or by whom it shall be paid, shall be referred to and determined by—

a

an arbitrator appointed by the Lord Chancellor; or

b

where the proceedings are to be held in Scotland, an arbiter appointed by the Lord President of the Court of Session.

Supplemental provisions of scheme

6

1

A transfer scheme may contain supplemental, consequential and transitional provisions for the purposes of, or in connection with, the division effected or any other provision made by the scheme.

2

Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—

a

that for purposes connected with any transfer made in accordance with the scheme a relevant transferee to whom anything is transferred in accordance with the scheme is to be treated as the same person in law as the IBA;

b

that, so far as may be necessary for the purposes of or in connection with any such transfer, agreements made, transactions effected and other things done by or in relation to the IBA are to be treated as made, effected or done by or in relation to the relevant transferee to whom the transfer is made;

c

that, so far as may be necessary for the purposes of or in connection with any such transfer, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any member or officer of, the IBA are to have effect with such modifications as are specified in the scheme;

d

that proceedings commenced by or against the IBA are to be continued by or against such one of the relevant transferees as the scheme may provide in relation to any circumstances specified or described in it;

e

that the effect of any transfer made in accordance with the scheme in relation to contracts of employment with the IBA is not to be to terminate any such contracts but is to be that periods of employment with the IBA are to count for all purposes as periods of employment with the relevant transferee to whom the transfer is made;

f

that disputes as to the effect of the scheme between any of the relevant transferees are to be referred to such arbitration as may be specified in or determined under the scheme;

g

that determinations on such arbitrations, and certificates given jointly by all or any two of the relevant transferees as to the effect of the scheme as between the transferees concerned, are to be conclusive for all purposes.

Vesting of IBA’s property after coming into force of scheme

7

1

A transfer scheme may provide for the imposition of duties—

a

on the IBA, and

b

on all or any of the relevant transferees,

Where any such division and distribution is referred to the Secretary of State under sub-paragraph (1), he may by order direct that the relevant assets shall be divided and distributed by the trustees in such manner, and at such time, as is specified in the order; and any provision of—

a

the Plan referred to in sub-paragraph (1), or

b

any enactment relating to occupational pension schemes, including any enactment relating to transfer values,

shall not have effect to the extent that it is inconsistent with the division and distribution of those assets in accordance with any such order.

3

When making an order under sub-paragraph (2) the Secretary of State shall have regard to the interests of all classes of persons who are for the time being beneficiaries or potential beneficiaries under the Plan referred to in sub-paragraph (1).

4

In this paragraph—

“the relevant assets” means the assets held by or on behalf of the trustees; and
“the trustees” means the trustees of the Plan referred to in sub-paragraph (1).

5

An order under sub-paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Discharge by IBA of contingent etc. liabilities

10

1

This paragraph applies to any liabilities to which the IBA are subject on or after the transfer date, being liabilities which—

a

had not become enforceable against the IBA before that date, and

b

are not specifically and exclusively referable to any particular part or parts of the undertaking of the IBA which has or have been transferred in accordance with a transfer scheme to one or more of the relevant transferees.

2

Any sums required by the IBA for the purpose of discharging any liabilities to which this paragraph applies shall be paid to them by the Secretary of State out of money provided by Parliament.

3

Any payments made to the IBA under sub-paragraph (2) may be so made subject to such conditions as the Secretary of State may determine with the approval of the Treasury.

Final accounts and annual report of IBA

11

1

The IBA shall, as soon as possible after the transfer date, prepare such a statement of accounts as is mentioned in subsection (1) of section 42 of the Act 1981 (accounts and audit) in respect of the period between—

a

the end of the financial year for which the last statement of accounts was prepared by them under that section, and

b

the transfer date,

whether that period is a financial year or not; and that section shall continue to apply on and after that date in relation to the auditing of accounts kept in accordance with that subsection in respect of that period.

2

The IBA shall, as soon as possible after the transfer date, prepare and transmit to the Secretary of State, in accordance with section 43 of that Act (annual reports), such a report as is mentioned in subsection (1) of that section in respect of the period between—

a

the end of the financial year for which the last such report was prepared by them under that section, and

b

the transfer date,

whether that period is a financial year or not.

3

Subsection (2) of that section shall apply to any such report as if the references to the statement of accounts for the year in question included references to the statement of accounts prepared in accordance with sub-paragraph (1) above.

4

The Secretary of State shall lay copies of any such report before each House of Parliament.

5

Any expenses incurred by the IBA under this paragraph shall be met by such one or more of the relevant transferees, and (if more than one) in such proportions, as may be determined by or under a transfer scheme.

SCHEDULE 10 Supplementary Provisions Relating To Dissolution of Cable Authority

Section 128.

Provisions as to vesting of property etc. of Cable Authority

1

Sub-paragraph (2) below shall have effect for the purposes of, or in connection with, the vesting in the Commission by virtue of section 128(1) of this Act of property, rights or liabilities of the Cable Authority.

2

Any agreement made, transaction effected or other thing done by or in relation to the Cable Authority which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by or in relation to the Commission, in all respects as if the Commission were the same person, in law, as the Cable Authority; and accordingly references to the Cable Authority—

a

in any agreement (whether or not in writing) and in any deed, bond or instrument,

b

in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority, and

c

in any other document whatever (other than an enactment),

shall be taken as from the transfer date as referring to the Commission.

2

1

Where immediately before the transfer date there is in force an agreement which—

a

confers or imposes on the Cable Authority any rights or liabilities which vest in the Commission by virtue of section 128(1), and

b

refers (in whatever terms and whether expressly or by implication) to a member or officer of the Cable Authority,

the agreement shall have effect, in relation to anything falling to be done on or after the transfer date, as if for that reference there were substituted a reference to such person as the Commission may appoint or, in default of appointment, to the member or employee of the Commission who corresponds as nearly as possible to the member or officer of the Authority in question.

2

References in this paragraph to an agreement include references to a deed, bond or other instrument.

Transfer of employees

3

1

It is hereby declared for the avoidance of doubt that—

a

the effect of section 128(1) in relation to any contract of employment with the Cable Authority in force immediately before the transfer date is merely to modify that contract (as from that date) by substituting the Commission as the employer (and not to terminate the contract or vary it in any other way); and

b

that provision is effective to vest the rights and liabilities of the Cable Authority under any agreement or arrangement for the payment of pensions, allowances or gratuities in the Commission along with all the other rights and liabilities of the Authority.

2

Accordingly, for the purposes of any such agreement or arrangement as it has effect as from the transfer date, any period of employment with the Cable Authority shall count as employment with the Commission.

3

The Transfer of Undertakings M29(Protection of Employment) Regulations 1981 shall apply to the transfer to the Commission, by virtue of section 128(1), of the undertaking of the Cable Authority, whether or not they would otherwise so apply; and that undertaking shall accordingly (whether or not it would otherwise be so regarded) be regarded for the purposes of those Regulations as an undertaking in the nature of a commercial venture.

Final accounts and annual report of Cable Authority

F4974

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11 Transitional Provisions Relating to IBA’s Broadcasting Services

Section 129.

Part I General

In this Schedule—

“the M301981 Act” means the Broadcasting Act 1981;
“the Authority” means the Radio Authority;
“Channel 4” means the additional broadcasting service referred to in section 10(1) of the 1981 Act, but excluding so much of that service as consisted, immediately before the transfer date, in the broadcasting of programmes for reception wholly or mainly in Wales, and “on Channel 4” means in the said service;
“the interim period” means the period referred to in paragraph 1(1) in Part II of this Schedule;
“local licence” and “local service” have the same meaning as in Part III of this Act;
“S4C” means the television broadcasting service referred to in section 57(1) of this Act, and “on S4C” means in that service.

Part II Television Broadcasting Services to be provided by Commission

IBA’s television broadcasting services to be provided by Commission during interim period

1

During the period beginning with the transfer date and ending with 31st December 1992 (referred to in this Schedule as “the interim period”) the following television broadcasting services, namely—

a

ITV,

b

Channel 4,

c

any teletext service provided by the IBA down to the transfer date, and

d

any DBS services so provided,

shall be provided by the Commission in accordance with this Part of this Schedule.

2

The services provided by the Commission as mentioned in sub-paragraph (1) shall be of high quality both as to the transmission and as to the matter transmitted and (subject to paragraph 3(1) below) shall be provided by the Commission for so much of the United Kingdom as may from time to time be reasonably practicable.

3

During the interim period the following provisions of the 1981 Act, namely—

a

section 2(2),

b

sections 3 to 9,

c

sections 14(3) and 15,

d

sections 28 and 29, and

e

Schedule 2,

shall (subject to the provisions of this Part of this Schedule) have effect in connection with the provision of those services by the Commission as they had effect, immediately before the transfer date, in connection with the provision of those services by the IBA.

4

c

after “methods of advertising” (wherever occurring) there were inserted “ or sponsorship ”;

sections 32 to 35, and

d

Schedule 4,

shall have effect in relation to any contract to which sub-paragraph (1) applies, or (as the case may be) in relation to the programme contractor or teletext contractor under any such contract, subject to the modifications specified in sub-paragraph (3) and subject also to paragraphs 4 and 5 below.

3

The modifications of the provisions specified in sub-paragraph (2) are as follows—

a

any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed as a reference to the Commission;

b

sections 21 and 23 shall have effect as if any reference to the IBA’s obligation to transmit the programmes supplied by a programme contractor were a reference to the right and the duty of the programme contractor under his contract to provide programmes for broadcasting in one of the services provided by the Commission as mentioned in paragraph 1(1) above;

c

section 22 shall have effect as if any reference to the programmes, or television programmes, supplied to the IBA were a reference to the programmes, or television programmes, supplied for broadcasting in one of those services; and

d

section 32(1)(a) shall have effect as if—

i

for “the branch” there were substituted “ the part ”, and

ii

for “section 36(2) in relation to that branch” there were substituted “ paragraph 12(1) of Schedule 1 to the Broadcasting Act 1990 in relation to that part ”.

4

The Commission shall do all that they can to secure that during the interim period no person who is, or is an associate of, a TV programme contractor—

a

holds any local licence, or

b

controls any body which holds any such licence, or

c

is a participant with more than a 20 per cent. interest in a body corporate which holds any such licence,

in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the area for which television programmes are to be provided under the TV programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act.

5

The Commission may make such variations of a contract to which sub-paragraph (1) applies as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.

Provisions relating to Channel 4

3

1

Channel 4 shall be provided by the Commission during the interim period for so much of England, Scotland and Northern Ireland as may from time to time be reasonably practicable.

2

The programmes (other than advertisements) broadcast by the Commission on Channel 4 shall (without prejudice to section 12(2) of the 1981 Act, as applied by this paragraph) be provided by the Commission.

3

In consequence of sub-paragraph (2), sections 3(2) and 6 of the 1981 Act (as applied by paragraph 1 above) do not apply in the case of Channel 4.

4

Subject to the modifications specified in sub-paragraph (5), sections 11 to 13 of the 1981 Act shall have effect in connection with the provision of Channel 4 by the Commission during the interim period as they had effect immediately before the transfer date in connection with the provision of that service by the IBA.

5

The modifications of the provisions specified in sub-paragraph (4) are as follows—

a

any reference in those provisions to the IBA shall (subject to paragraph (c) below) be construed as a reference to the Commission;

b

section 12(1) shall have effect as if for the reference to paragraph 4(1) of Schedule 1 to the 1981 Act there were substituted a reference to paragraph 1(3) of Schedule 1 to this Act;

c

section 12(2) shall have effect as if for the reference to a subsidiary of the IBA formed by them for the purpose there were substituted a reference to a subsidiary of the Commission (being the body corporate formed by the IBA in pursuance of that provision); and

d

in section 13, subsection (4) shall (in consequence of paragraph 1(6) above) have effect with the omission of paragraph (c).

Provisions relating to teletext services

4

1

For the purposes of—

a

this Part of this Schedule, and

b

the provisions of the 1981 Act which have effect in accordance with this Part of this Schedule,

teletext transmissions shall not be treated as programmes; but this is subject to sub-paragraph (2) and to any of those provisions of the 1981 Act which expressly requires such transmissions to be so treated for the purposes of any particular provision.

2

In paragraphs 1(8) and 2(3)(b) above and 10 below and in the provisions specified in Part I of Schedule 3 to the 1981 Act (as they have effect in accordance with this Part of this Schedule)—

a

references to programmes or to television programmes shall be read as including references to teletext transmissions; and

b

references to programme contractors shall be read as including references to teletext contractors.

3

In section 3(2) of the 1981 Act, in its application to teletext transmissions or teletext contractors by virtue of sub-paragraph (2), the reference to section 2(3) of that Act shall be read as a reference to section 14(2) of that Act (as it has effect by virtue of paragraph 2(1) above).

4

The following provisions of the 1981 Act, namely—

a

section 20(2)(b) and (3), and

b

section 22,

shall not have effect by virtue of paragraph 2(2) above in relation to teletext contractors or their contracts.

Provisions relating to DBS services

5

1

The following provisions of the 1981 Act, namely—

a

in section 2(2), paragraph (c) and in paragraph (b) the words “and a proper balance and wide range in their subject matter”,

b

in section 4(1), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient amount of time in the programmes to news and news features,

c

section 20(2)(b) and (3),

d

section 22, and

e

section 24,

section 8(5) of the 1981 Act shall apply in relation to the programmes broadcast by the Welsh Authority on S4C as that provision applies, in accordance with this Part of this Schedule, in relation to the programmes broadcast by the Commission on ITV;

b

the Commission shall do all that they can to secure that the provisions of—

i

Schedule 2 to the 1981 Act (as it applies in accordance with this Part of this Schedule), and

ii

the code under section 9 of that Act,

are complied with in relation to the advertisements broadcast by the Welsh Authority on S4C and in relation to the sponsorship of programmes so broadcast;

c

section 9(2) and (3) of that Act shall apply accordingly in relation to advertisements and other programmes so broadcast; and

d

(except in the case of any programme to which the Welsh Authority determine that this paragraph is not to apply) S4C shall not contain any programme which is sponsored by any person whose business consists, wholly or mainly—

i

in the manufacture or supply of a product, or

ii

in the provision of a service,

the advertising of which on ITV is prohibited by virtue of any provision of that Act or of the code under section 9 of that Act.

8

So long as any directions given under section 9(4) of the 1981 Act (whether by the IBA or by the Commission) remain in force, the Welsh Authority shall, in broadcasting advertisements on S4C, give effect to the provisions of the directions as if they were provisions regulating the times when advertisements are to be allowed to be broadcast on S4C.

9

Section 60(1) to (4) and (6) of this Act shall not have effect in relation to the Welsh Authority during the interim period.

Financing of S4C during interim period

iii

if requested to do so by the Commission for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4) or 155(3) of this Act, to produce to them any transcript of any such programme which he is able to produce to them; and

b

for ensuring compliance by the programme contractor with any request to which section 145(7) of this Act applies which may be made to him by the BCC.

3

For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the interim period, the Secretary of State shall notify to the Commission the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts to which paragraph 2(1) above applies, towards the expenses of the BCC; and the Commission shall pay to the Secretary of State any sum notified to them under this sub-paragraph.

4

Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the interim period as if the reference to the BBC or the Welsh Authority included a reference to the Commission.

5

In this paragraph “the BCC” means the Broadcasting Complaints Commission.

Provisions relating to Broadcasting Standards Council

11

Part VI of this Act shall have effect during the interim period as if—

a

section 152(2) of this Act included a reference to any television programme broadcast by the Commission during that period;

b

the Commission were—

i

in relation to the provision by them of television broadcasting services in accordance with this Part of this Schedule, and

ii

in relation to the broadcasting of advertisements on S4C during the interim period,

a broadcasting body within the meaning of that Part of this Act; and

c

the Welsh Authority accordingly were not a broadcasting body within the meaning of that Part of this Act in relation to any such broadcasting of advertisements on S4C.

Supplementary provisions

12

1

Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA—

a

in pursuance of a provision of the 1981 Act which has effect during the interim period in accordance with this Part of this Schedule, and

b

in connection with any of the IBA’s television broadcasting services,

Section 41 shall have effect in relation to any such licence with the omission of subsection (2); and the maximum amount which the holder of any such licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be the sum for the time being specified in section 45(6).

8

Except as provided in the preceding provisions of this paragraph, Part I of this Act applies to a licence granted in pursuance of this paragraph as it applies to any other licence to provide a domestic satellite service.

9

In this Part of this Schedule—

a

“the relevant date” means the day immediately following the end of the interim period; and

b

“additional services licence” and “domestic satellite licence” have the same meaning as in Part I of this Act.

Power to require licence holder to make additional payments under 1981 Act

2

1

The Secretary of State may by order provide for such of the provisions of sections 32 to 35 of, and Schedule 4 to, the 1981 Act as are specified in the order to have effect (subject to such modifications as are so specified)—

a

in relation to the holder of any licence granted in pursuance of paragraph 1 above, or

b

in relation to any such licence,

with a view to making provision for and in connection with the making by the holder of any such licence to the Commission of payments determined in accordance with section 32 of that Act in respect of profits or advertising revenue (or both) within the meaning of that section.

2

Any such order shall be so framed as to secure that, subject to such modifications as the Secretary of State considers appropriate and to sub-paragraph (4), the provisions of the 1981 Act applied by the order as mentioned in sub-paragraph (1)(a) and (b) so apply in a similar way to that in which they applied immediately before the relevant date in relation to a DBS programme contractor or (as the case may be) in relation to the contract of any such contractor.

3

Without prejudice to the generality of sub-paragraph (2), any such order shall provide for any excess of a DBS programme contractor’s relevant expenditure over his relevant income to be carried forward and treated as relevant expenditure for the purpose of computing his profits as the holder of a licence granted in pursuance of paragraph 1 above.

Schedule 2,

shall have effect in connection with the provision of those services by the Authority as they had effect, immediately before the transfer date, in connection with the provision of local sound broadcasting services by the IBA.

4

The provisions specified in sub-paragraph (3) above shall have effect in accordance with that sub-paragraph with the following general modifications, namely—

a

any reference to the IBA shall (subject to paragraph (b) and sub-paragraph (8) below) be construed as a reference to the Authority; and

b

5

Section 3(2)(b) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the substitution of the following sub-paragraph for sub-paragraph (ii)—

ii
by reason of the termination of any contract with a programme contractor; and

6

Section 8 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the omission of subsections (6) to (9) of that section; but (except in the case of any programme to which the Authority determine that the following prohibition is not to apply) none of the broadcasting services provided by the Authority as mentioned in sub-paragraph (1) above shall include a programme which is sponsored by any person whose business consists, wholly or mainly—

a

in the manufacture or supply of a product, or

b

in the provision of a service,

7

Section 9 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if—

a

in subsection (1)(a), after “standards and practice in advertising” there were inserted “ and in the sponsoring of programmes ”;

b

in subsection (1)(b), there were inserted at the end “ and as regards the sponsoring of programmes so broadcast ”; and

c

after “methods of advertising” (wherever occurring) there were inserted “ or sponsorship ”;

and the Authority may give effect to paragraph (a) above by making modifications to the code in force under section 9 immediately before the transfer date.

8

Section 29(5) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if the reference to requiring the IBA by notice in writing to do, or not to do, anything mentioned in that provision were a reference to requiring the Authority by notice in writing to direct any programme contractor specified in the notice—

a

to do, or not to do, that thing, or

b

(if the context so requires) to secure that that thing is or is not done.

9

Without prejudice to the generality of sub-paragraph (6) of paragraph 2 below, the Authority may make such variations of a contract to which sub-paragraph (1) of that paragraph applies as appear to them to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on them under section 28 or 29 of the 1981 Act (as applied by this paragraph).

Preservation of certain local sound broadcasting contracts

2

1

Where—

a

the IBA has, at any time before the transfer date, entered into a contract with a programme contractor for the provision by the contractor of local sound broadcasts in any locality, and

b

the contract is effective immediately before that date,

then, unless the contract is one to which paragraph 2 in Part V of this Schedule applies (and subject to paragraph 1 in that Part)—

i

the contract shall continue to have effect on and after that date (subject to and in accordance with this Part of this Schedule) as a contract between the Authority and that contractor and any other party to it, and

ii

any reference in the contract to the IBA shall accordingly be construed, in relation to any time falling on or after that date, as a reference to the Authority.

2

Section 2(3) of the 1981 Act shall have effect in relation to the programmes broadcast by the Authority in accordance with paragraph 1(1) above as if—

a

any reference in that subsection to the IBA were a reference to the Authority; and

b

the reference in that subsection to any such contracts as are there mentioned were a reference to contracts which continue in force by virtue of sub-paragraph (1) above.

3

As from the transfer date the following provisions of the 1981 Act, namely—

a

sections 19(1) to (2B) and 20(2) to (9),

b

sections 21 to 25,

c

sections 32 to 35, and

d

Schedule 4,

shall have effect in relation to any contract which continues in force by virtue of sub-paragraph (1), or (as the case may be) in relation to the programme contractor under any such contract, subject to the modifications specified in sub-paragraph (4).

4

The modifications of the provisions specified in sub-paragraph (3) are as follows—

a

any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed as a reference to the Authority;

b

c

section 22 shall have effect as if any reference to the programmes supplied to the IBA were a reference to the programmes supplied for broadcasting in one of those services; and

d

section 32(2)(a) shall have effect as if—

i

for “the branch” there were substituted “ the part ”, and

ii

for “section 36(2) in relation to that branch” there were substituted “ paragraph 12(1) of Schedule 8 to the Broadcasting Act 1990 in relation to that part ”.

5

The Authority shall do all that they can to secure that, so long as any contract continues in force by virtue of sub-paragraph (1), neither the programme contractor under the contract nor any associate of his—

a

holds any local licence, or

b

controls any body which holds any such licence, or

c

is a participant with more than a 20 per cent. interest in a body corporate which holds any such licence,

in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the locality for which local sound broadcasts are to be provided under the programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act.

6

The Authority may make such variations of a contract which continues in force by virtue of sub-paragraph (1) as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.

Delivery of programmes by means of local delivery services

3

Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any local sound broadcasting service provided by the Authority in accordance with this Part of this Schedule.

Provisions relating to Broadcasting Complaints Commission

4

1

Part V of this Act shall have effect as if—

a

section 143(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

b

(subject to sub-paragraph (2)) the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

2

Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Authority shall make such variations of any contract which continues in force by virtue of paragraph 2(1) above as appear to them to be appropriate—

a

for requiring the programme contractor under that contract—

i

in the case of every programme provided by him which is broadcast by the Authority in accordance with this Part of this Schedule, to retain a recording of that programme for the period of 42 days beginning with the broadcast,

ii

if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4), 155(3) or 167(1) of this Act, to produce any such recording to them, and

iii

if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4) or 155(3) of this Act, to produce to them any transcript of any such programme which he is able to produce to them; and

b

for ensuring compliance by the programme contractor with any request to which section 145(7) of this Act applies which may be made to him by the BCC.

3

For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the period during which the Authority provide local sound broadcasting services in accordance with this Part of this Schedule, the Secretary of State shall notify to the Authority the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts which continue in force by virtue of paragraph 2(1) above, towards the expenses of the BCC; and the Authority shall pay to the Secretary of State any sum notified to them under this sub-paragraph.

4

Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the period referred to in sub-paragraph (3) above as if the reference to the BBC or the Welsh Authority included a reference to the Authority.

5

In this paragraph “the BCC” means the Broadcasting Complaints Commission.

Provisions relating to Broadcasting Standards Council

5

Part VI of this Act shall have effect as if—

a

section 152(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

b

the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

Supplementary provisions

6

1

Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA—

a

in pursuance of a provision of the 1981 Act which has effect as from the transfer date in accordance with this Part of this Schedule, and

b

in connection with any of the IBA’s local sound broadcasting services which are to be provided by the Authority as from that date in accordance with paragraph 1(1) above,

shall, if in force or effective immediately before that date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Authority.

2

3

As from that date sections 61 and 62 of the 1981 Act shall have effect for the relevant purposes as if any reference to the IBA were a reference to the Authority.

4

In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect as from the transfer date in accordance with this Part of this Schedule.

Part V Replacement of Programme Contracts by Local Licences

Replacement of contracts to which paragraph 2(1) in Part IV applies by local licences

1

The Authority may, if the programme contractor under a relevant contract so requests—

a

determine the contract as from any time falling on or after the transfer date; and

b

subject to paragraph 3(2) below, grant to the programme contractor as from that time a licence to provide a local service for the locality in which local sound broadcasts were to be provided by him under the contract.

2

In sub-paragraph (1) “relevant contract” means a contract which (apart from that sub-paragraph) would continue in force by virtue of paragraph 2(1) in Part IV of this Schedule.

3

A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force for such period as the Authority may determine, except that the licence shall not expire—

a

before the date on which the contract referred to in that sub-paragraph would have expired if it had not been determined under that sub-paragraph, or

b

later than 31st December 1996 or the date which falls three years after the date referred to in paragraph (a), whichever is the earlier.

Replacement by local licences of certain contracts for the provision of local sound broadcasts in localities in which such broadcasts were already provided

2

1

Any contract which—

a

the IBA has, at any time on or after 1st September 1989, entered into with a programme contractor for the provision by the contractor of local sound broadcasts in a locality comprised in the locality in which such broadcasts were for the time being to be provided by another programme contractor under a contract entered into before that time, and

b

is effective immediately before the transfer date,

shall cease to have effect on that date; but, if the first-mentioned programme contractor so requests at any time before that date, the Authority may, subject to paragraph 3(2) below, grant to him as from that date a licence to provide a local service for that locality.

2

A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force until 31st December 1994.

Common provisions applying to licences granted in pursuance of paragraph 1(1) or 2(1) above

3

1

A request for the grant of a licence which is made to the Authority by any person in pursuance of paragraph 1(1) or 2(1) above must be in writing and accompanied by—

a

his proposals for providing a service that would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons; and

b

such information as the Authority may reasonably require as to his present financial position and his projected financial position during the period for which the licence would be in force.

2

The Authority shall not grant a licence to any person in pursuance of paragraph 1(1) or 2(1) above unless they are satisfied that the service proposed to be provided by that person would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons.

3

Section 104 of this Act shall not apply in relation to the grant of any such licence.

4

Section 106(1) of this Act shall apply to any such licence as if for “when making his application” there were substituted “ in pursuance of paragraph 3(1) in Part V of Schedule 11 ”.

5

In section 86(4) of this Act the reference to Part III of this Act shall include a reference to this Part of this Schedule.

6

Except as provided in the preceding provisions of this paragraph, Part III of this Act applies to a licence granted in pursuance of paragraph 1(1) or 2(1) above as it applies to any other local licence granted under that Part.

Saving for liabilities under terminated contracts

4

1

Where the contract of a programme contractor is terminated by the Authority under this Part of this Schedule, the termination of that contract shall not affect any liability of his which has accrued under or by virtue of the contract before its termination.

2

Where any such contract is so terminated but the programme contractor is granted a local licence as from the date of its termination, any agreement—

a

made before that date between the contractor and any other person, and

b

framed (whether expressly or by implication) by reference to the contract or to the contractor’s status as a programme contractor,

shall (unless it expressly provides otherwise) have effect as from that date with such modifications as are necessary to take account of the replacement of the contract by the licence or of the contractor’s new status as the holder of the licence (as the case may require).

3

References in sub-paragraph (2) to an agreement include references—

a

to an oral agreement, and

b

to a deed, bond or other instrument.

F268SCHEDULE 12 Transitional Provisions Relating to Existing Cable Services

Section 134.

Annotations:

Amendments (Textual)

F268

Sch. 12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F268Part I General

F2681

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2682

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268Part II Licensing of Existing Cable Services

F268 Prescribed diffusion services: continuation in force of existing licences

F2681

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Prescribed diffusion services: replacement of cable licences by local delivery licences

F2682

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Prescribed diffusion services: grant of new licences to provide existing services

F2683

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Prescribed diffusion services: cable licences to be succeeded on their expiry by local delivery licences

F2684

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Other diffusion services: continuation in force of existing licences

F2685

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Other diffusion services: replacement of cable licences by local delivery licences

F2686

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Other diffusion services: certain licences to cease to have effect

F2687

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Other diffusion services: certain unlicensed services to be licensed as cableservices or local delivery services

F2688

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Other diffusion services: services falling partly within and partly outside franchise areas

F2689

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Restricted services: replacement of existing licences

F26810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Requests made under this Part

F26811

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Saving for liabilities under terminated licences

F26812

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268Part III Provisions Relating to Licences in Force under or by virtue of this Schedule

F268 Effect of relevant licences

F2681

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 General provisions about relevant licences

F2682

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Restrictions on the holding of certain relevant licences

F2683

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Inclusion of broadcasts in licensed services

F2684

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2684A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Inclusion of local material in prescribed diffusion services

F2685

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Revocation of licences

F2686

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F268 Supplementary provisions

F2687

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75SCHEDULE 13

Annotations:

Amendments (Textual)

F75

Sch. 13 repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Status and capacity

Tenure of office

3

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the BCC shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the BCC, or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the BCC at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the BCC by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the BCC in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the BCC include references to a meeting of any of their committees.

7

The validity of any proceedings of the BCC shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 6.

Employees of the BCC

8

1

The BCC may appoint such number of employees as they may determine.

2

The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the BCC.

3

If the BCC determine to do so in the case of any of their employees, the BCC shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the BCC may determine.

4

Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury.

5

If any employee of the BCC—

a

is a participant in any pension scheme applicable to his employment, and

b

becomes a member of the BCC,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the BCC were service as an employee of the BCC.

6

The M40Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the BCC.

Financial provisions

9

1

The Secretary of State shall pay to the BCC—

a

any expenses incurred or to be incurred by the BCC by virtue of paragraph 4 or 8; and

b

with the consent of the Treasury, such sums as he thinks fit for enabling the BCC to meet other expenses.

2

Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of BCC’s seal

10

The application of the seal of the BCC shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by BCC

11

Any document purporting to be an instrument issued by the BCC and to be duly executed under the seal of the BCC or to be signed on behalf of the BCC shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

12

1

The BCC shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury.

2

The accounts of the BCC shall be audited by auditors to be appointed by the BCC with the approval of the Secretary of State.

F933

A person shall not be qualified to be appointed as an auditor in pursuance of sub-paragraph (2) above unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.

4

The BCC shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

a

afford to him or them full liberty to examine the accounts of the BCC; and

b

furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of the BCC.

F76SCHEDULE 14

Annotations:

Amendments (Textual)

F76

Sch. 14 repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Status and capacity

Tenure of office

3

1

Subject to the following provisions of this paragraph, each member of the Council shall hold and vacate office in accordance with the terms of his appointment.

2

A person shall not be appointed to be a member of the Council for more than five years at a time.

3

Any member of the Council may at any time resign his office by notice in writing to the Secretary of State.

Remuneration and pensions of members

4

1

The Council may pay to each member such remuneration and allowances as the Secretary of State may determine.

2

The Council may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

3

Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Council may make a payment to him of such amount as the Secretary of State may determine.

4

The approval of the Treasury shall be required for any determination under this paragraph.

Disqualification of members of Council for House of Commons and Northern Ireland Assembly

5

In Part II of Schedule 1 to the M41House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there shall be inserted at the appropriate place—

The Broadcasting Standards Council

and a corresponding amendment shall be made in Part II of Schedule 1 to the M42Northern Ireland Assembly Disqualification Act 1975.

Proceedings

6

1

Subject to paragraph 7 and to the provisions of Part VI of this Act, the quorum of the Council and the arrangements relating to their meetings shall be such as the Council may determine.

2

The arrangements may provide for the discharge, under the general direction of the Council, of any of the Council’s functions by a committee or by one or more of the members or employees of the Council.

7

1

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Council shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the Council, or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Council at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the Council by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the Council in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the Council include references to a meeting of any of their committees.

8

The validity of any proceedings of the Council shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.

Employees of the Council

9

1

The Council may appoint such number of employees as they may determine.

2

The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Council.

3

If the Council determine to do so in the case of any of their employees, the Council shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Council may determine.

4

Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury.

5

If any employee of the Council—

a

is a participant in any pension scheme applicable to his employment, and

b

becomes a member of the Council,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Council were service as an employee of the Council.

6

The M43Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Council.

Financial provisions

10

1

The Secretary of State shall pay to the Council—

a

any expenses incurred or to be incurred by the Council by virtue of paragraph 4 or 9; and

b

with the consent of the Treasury, such sums as he thinks fit for enabling the Council to meet other expenses.

2

Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Council’s seal

11

The application of the seal of the Council shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by Council

12

Any document purporting to be an instrument issued by the Council and to be duly executed under the seal of the Council or to be signed on behalf of the Council shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

13

1

It shall be the duty of the Council—

a

to keep proper accounts and proper records in relation to the accounts,

b

to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury, and

c

to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

2

The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Council and shall lay a copy of every such statement and of his report before each House of Parliament.

SCHEDULE 15 Application of 1959 Act to Television and Sound Programmes

Section 162.

Interpretation

1

In this Schedule—

“the 1959 Act” means the M31Obscene Publications Act 1959;
“relevant programme” means a programme included in a programme service;

and other expressions used in this Schedule which are also used in the 1959 Act have the same meaning as in that Act.

Liability of person providing live programme material

2

Where—

a

any matter is included by any person in a relevant programme in circumstances falling within section 1(5) of the 1959 Act, and

b

that matter has been provided, for inclusion in that programme, by some other person,

the 1959 Act shall have effect as if that matter had been included in that programme by that other person (as well as by the person referred to in sub-paragraph (a)).

Obscene articles kept for inclusion in programmes

3

It is hereby declared that where a person has an obscene article in his ownership, possession or control with a view to the matter recorded on it being included in a relevant programme, the article shall be taken for the purposes of the 1959 Act to be an obscene article had or kept by that person for publication for gain.

Defences

5

1

A person shall not be convicted of an offence under section 2 of the 1959 Act in respect of the inclusion of any matter in a relevant programme if he proves that he did not know and had no reason to suspect that the programme would include matter rendering him liable to be convicted of such an offence.

2

Where the publication in issue in any proceedings under that Act consists of the inclusion of any matter in a relevant programme, section 4(1) of that Act (general defence of public good) shall not apply; but—

a

a person shall not be convicted of an offence under section 2 of that Act, and

b

an order for forfeiture shall not be made under section 3 of that Act,

if it is proved that the inclusion of the matter in question in a relevant programme is justified as being for the public good on the ground that it is in the interests of—

i

drama, opera, ballet or any other art,

ii

science, literature or learning, or

iii

any other objects of general concern.

3

Section 4(2) of that Act (admissibility of opinions of experts) shall apply for the purposes of sub-paragraph (2) above as it applies for the purposes of section 4(1) and (1A) of that Act.

Exclusion of proceedings under common law

6

Without prejudice to section 2(4) of the 1959 Act, a person shall not be proceeded against for an offence at common law—

a

in respect of a relevant programme or anything said or done in the course of such a programme, where it is of the essence of the common law offence that the programme or (as the case may be) what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or

b

in respect of an agreement to cause a programme to be included in a programme service or to cause anything to be said or done in the course of a programme which is to be so included, where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.

F507SCHEDULE 16 Amendments of the Marine, &c., Broadcasting (Offences) Act 1967

Section 171.

Annotations:

Amendments (Textual)

F507

Sch. 16 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

F5071

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5072

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5073

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5074

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marginal Citations

M34

1949 c. 54.

1F514

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 F4921

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F772

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4933

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F515

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4944

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F575Part IIAmendments of Part I of Wireless Telegraphy Act 1967

Annotations:

Amendments (Textual)

F575

Sch. 18 Pt. 2 repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 2

F5751

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5752

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5753

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5754

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5755

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5756

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5757

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C77SCHEDULE 19 The Gaelic Television F439Service : Supplementary Provisions

Section 183.

Annotations:

Amendments (Textual)

F439

Word in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C77

Sch. 19: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 7 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Status and capacity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

4

1

Subject to paragraph 5, the quorum of the F439Service and the arrangements relating to their meetings shall be such as the F439Service may determine.

2

The arrangements may, with the approval of F440OFCOM , provide for the discharge, under the general direction of the F439Service , of any of the F439Service ’s functions by a committee or by one or more of the members or employees of the F439Service .

5

1

A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the F439Service shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

a

the disclosure shall be recorded in the minutes of the meeting, and

b

(subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the F439Service , or of any of their committees, with respect to that matter.

2

Sub-paragraph (1)(b) shall not apply in relation to any meeting of the F439Service at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

3

For the purposes of sub-paragraph (1), a general notification given at a meeting of the F439Service by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

4

A member need not attend in person at a meeting of the F439Service in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

5

In this paragraph references to a meeting of the F439Service include references to a meeting of any of their committees.

6

The validity of any proceedings of the F439Service shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 5.

Employees of the F439Service

7

1

The F439Service may appoint such employees as they may determine with the consent of F440OFCOM as to numbers and terms of employment.

2

If the F439Service determine to do so in the case of any of their employees, the F439Service shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the F439Service may determine.

3

The M35Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the F439Service.

F2064

A person who is an employee of the Service is not to be eligible to be appointed as a member of the Service.

Financial provision

8

There shall be defrayed out of the F79Gaelic Broadcasting Fund—

a

any expenses incurred by F440OFCOM —

i

by virtue of paragraph 2,

ii

in paying the salaries of any employees of F440OFCOM whose services have been furnished to the F439Service by F440OFCOM, or

iii

in connection with providing the F439Service with office accommodation or other facilities;

b

any expenses incurred by the F439Service by virtue of paragraph 7; and

c

with the approval of F440OFCOMF205..., any other expenses incurred by the F439Service.

F4388A

1

The Service must pay all their receipts to OFCOM.

2

OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).

Authentication of F439Service ’s seal

9

The application of the seal of the F439Service shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by the F439Service

10

Any document purporting to be an instrument issued by the F439Service and to be duly executed under the seal of the F439Service or to be signed on behalf of the F439Service shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

11

1

The F439Service shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as F440OFCOM may direct.

2

The accounts of the F439Service shall be audited by auditors to be appointed by the F439Service with the approval of F440OFCOM .

F803

A person shall not be qualified to be appointed in pursuance of sub-paragraph (2) unless he is eligible for appointment as a F524statutory auditor under Part 42 of the Companies Act 2006.

4

The F439Service shall at all reasonable times upon demand made by F440OFCOMF204... or by any persons authorised by F81F440OFCOMF204... in that behalf—

a

afford to them full liberty to examine the accounts of the F439Service; and

b

furnish them with all forecasts, estimates, information and documents which they may require with respect to the financial transactions and commitments of the F439Service.

Annual reports

12

1

As soon as possible after the end of each financial year, the F439Service shall prepare a general report of their proceedings during that year and transmit it to F440OFCOM.

F2031A

The report must include a statement of how the Service are proposing to carry out their functions during the next financial year.

2

The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.

C353

F440OFCOM shall send a copy of each annual report received by them in accordance with this paragraph to

F572a

the Secretary of State, who must lay a copy of it before each House of Parliament, and

b

the Scottish Ministers, who must lay a copy of it before the Scottish Parliament.

F5734

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20 Minor and Consequential Amendments

Section 203(1).

Parliamentary Papers Act 1840 (c. 9)

1

Section 3 (protection in respect of proceedings for printing extracts from or abstracts of parliamentary papers) shall have effect as if the reference to printing included a reference to including in a programme service.

Law of Libel Amendment Act 1888 (c. 64)

F5602

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1933 (c. 12)

3 F5591

~~In section 28 (powers of entry)—~~

a

~~in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute~~ ~~“ programme service ”; and~~

b

~~for subsection (4) substitute—~~

4
~~In this section—~~
“~~broadcasting studio” means a studio used in connection with the provision of a programme service;~~
“~~programme service” has the same meaning as in the Broadcasting Act 1990.~~

2

~~Sections 39~~ F82. . . (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as they apply in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.

Children and Young Persons (Scotland) Act 1937 (c. 37)

4

1

In section 36 (power to enter studios)—

a

in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “ programme service ”; and

b

for subsection (4) substitute—

4
In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990

2

Section 46 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as it applies in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

5

In section 1(7) (admission of public to meetings of local authorities and other bodies), for the words from “or for” to “licensed” substitute “ or for programme services (within the meaning of the Broadcasting Act 1990) other than sound or television broadcasting services ”.

Children and Young Persons Act 1963 (c. 37)

6

In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—

d
any performance not falling within paragraph (c) above but included in a programme service (within the meaning of the Broadcasting Act 1990);

Licensing Act 1964 (c. 26)

F4987

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Private Places of Entertainment (Licensing) Act 1967 (c. 19)

F4998

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wireless Telegraphy Act 1967 (c. 72)

F2029

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Cab Act 1968 (c. 7)

F9810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Descriptions Act 1968 (c. 29)

11

In section 39(2) (interpretation), for “or in a programme included in a cable programme service” substitute “ or in any programme included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Theatres Act 1968 (c. 54)

13

In section 7(2)(b) (exceptions for performance given in certain circumstances), for sub-paragraph (iii) substitute—

iii
the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

Gaming Act 1968 (c. 65)

F8314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

15 F841

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F842

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F853

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F854

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1972 (c. 70)

16

In section 100K (interpretation and application of Part VA of the Act), in paragraph (b) of the definition of “newspaper”, for sub-paragraph (ii) substitute—

ii
for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17

In section 148(1) (interpretation), in the definition of “newspaper”, for the words from “or for” onwards substitute “ or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Employment Agencies Act 1973 (c. 35)

18

In section 13(4) (interpretation), for paragraphs (c) and (d) substitute

or
c
to providing a programme service (within the meaning of the Broadcasting Act 1990).

Northern Ireland Constitution Act 1973 (c. 36)

F8619

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fair Trading Act 1973 (c. 41)

F10020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Procedure (Scotland) Act 1975 (c. 21)

21

In subsection (2) of sections 169 and 374 (restrictions on report of proceedings involving person under 16), for the words from “broadcasts” to “service” substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990) ”.

Industry Act 1975 (c. 68)

22 F87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish Development Agency Act 1975 (c. 69)

23

In section 17 (the Scottish Development Agency and the media), for “Cable and Broadcasting Act 1984” substitute “ Broadcasting Act 1990 ”.

Welsh Development Agency Act 1975 (c. 70)

24

In section 19 (the Welsh Development Agency and the media)—

a

in subsection (1), for paragraphs (b) and (c) substitute—

b
shall become the holder of a relevant licence.

b

in subsection (3), for paragraphs (ii) and (iii) substitute—

ii
activities connected with the provision of a service under a relevant licence.

c

in subsection (9)—

i

for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “ the holder of a relevant licence, they shall consult the appropriate authority ”; and

F201ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

omit subsection (9A);

e

in subsection (10), for “programme contractor” substitute “ holder of a relevant licence ”; and

f

for subsection (11) substitute—

11
In this section—
“appropriate authority” means—
a
in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and
b
in relation to a licence granted under Part III of that Act, the Radio Authority;
“relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.

Restrictive Trade Practices Act 1976 (c. 34)

25

In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” insert “ or the Broadcasting Act 1990 ”.

Sexual Offences (Amendment) Act 1976 (c. 82)

26

1

In section 4 (anonymity of complainants in rape etc. cases)—

a

in subsection (1), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “included in a relevant programme for reception” and for “broadcasting or inclusion in a cable programme” substitute “inclusion in a relevant programme”;

b

in subsection (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for paragraphs (c) and (d) substitute

and
c
in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

c

in subsection (5A), for “or broadcast of any matter or the inclusion of any matter in a cable programme,” substitute “of any matter or the inclusion of any matter in a relevant programme,” and for “, broadcast or cable programme” substitute “or programme”;

d

in subsection (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

e

in subsection (7), for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

2

In section 5(5) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

3

In section 7(6) (extent to Northern Ireland), for “broadcast or inclusion in a cable programme” substitute “in, or such an inclusion of matter in a relevant programme for reception in,”.

Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I.5))

27

1

In Article 6 (anonymity of complainants in rape offence cases)—

F88a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in paragraph (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for sub-paragraphs (c) and (d) substitute

and
c
in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

c

in paragraph (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

d

in paragraph (7), for “broadcasting or inclusion in a cable programme” substitute “or inclusion in a relevant programme” and for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

2

In Article 7(3) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

F883

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competition Act 1980 (c. 21)

F10128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts Act 1980 (c. 43)

29

1

~~F574In section 8 (restrictions on reports of committal proceedings)—~~

a

~~in subsection (1), for “broadcast or include in a cable programme” substitute~~ ~~“ include in a relevant programme for reception ”~~;

b

~~in subsections (2B), (4), (5) and (8), for “broadcast or included in a cable programme”, in each place where those words occur, substitute~~ ~~“ or included in a relevant programme ”~~;

c

~~in subsection (3), for “broadcast or include in a cable programme”, in each place where those words occur, substitute~~ ~~“ or include in a relevant programme ”~~;

d

~~in subsection (5), for paragraphs (c) and (d) substitute—~~

c
in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

e

~~in subsection (10), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—~~

“~~relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).~~

2

In section 71 (reports of domestic proceedings), for subsection (1) substitute—

1
In the case of domestic proceedings in a magistrates’ court (other than proceedings under the Adoption Act 1976) it shall not be lawful for a person to whom this subsection applies—
a
to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or
b
to include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Great Britain,
any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.
1A
The particulars referred to in subsection (1) above are—
a
the names, addresses and occupations of the parties and witnesses;
b
the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;
c
submissions on any point of law arising in the course of the proceedings and the decision of the court on the submissions;
d
the decision of the court, and any observations made by the court in giving it.
1B
Subsection (1) above applies—
a
in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and
b
in relation to paragraph (b) of that subsection, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

and in subsection (2), for “subsection (1)” substitute “ subsection (1A) ”.

Indecent Displays (Control) Act 1981 (c. 42)

30

In section 1(4) (provisions relating to indecent displays disapplied in relation to broadcasting etc.), for paragraph (a) substitute—

a
included by any person in a television broadcasting service or other television programme service (within the meaning of Part I of the Broadcasting Act 1990);

Contempt of Court Act 1981 (c. 49)

31

1

In section 2 (limitation of scope of strict liability)—

a

in subsection (1), for “broadcast cable programme” substitute “ programme included in a programme service ”; and

b

after subsection (4) insert—

5
In this section “programme service” has the same meaning as in the Broadcasting Act 1990.

2

In section 19 (interpretation), omit the definition of “cable programme”.

Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839 (N.I.20))

32

In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substitute

or
c
to providing a programme service (within the meaning of the Broadcasting Act 1990).

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

33

1

In Article 44 (reports of preliminary proceedings)—

a

in paragraphs (1) and (2), for “or published”, in each place where those words occur, substitute “ , published or included in a relevant programme ”; and

b

after paragraph (5) insert—

6
In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.

2

In Article 90 (reports of domestic proceedings), for paragraph (1) substitute—

1
A person to whom this paragraph applies shall not—
a
print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or
b
include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland,
any particulars of any domestic proceedings other than such particulars as are mentioned in paragraph (1A) below.
1A
The particulars referred to in paragraph (1) above are—
a
the names, addresses and occupations of the parties and witnesses;
b
the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;
c
submissions on any point of law arising in the course of the proceedings, and decisions of the court on the submissions; and
d
the decisions of the court, and any observations made by the court in giving its decision.
1B
Paragraph (1) above applies—
a
in relation to sub-paragraph (a) of that paragraph, to the proprietor, editor or publisher of the newspaper or periodical, and
b
in relation to sub-paragraph (b) of that paragraph, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

Insurance Companies Act 1982 (c. 50)

34

In section 72(6) (meaning of “advertisement” for the purposes of insurance advertisements), for “or by inclusion in a cable programme service” substitute “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Representation of the People Act 1983 (c. 2)

35

1

Part II shall be amended as follows.

2

In section 75(1)(i) (election expenses in relation to publications or broadcasts), for the words from “the Independent” onwards substitute “ or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990; ”.

3

In section 92 (broadcasting from outside United Kingdom), for subsection (1) substitute—

1
No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—
a
the British Broadcasting Corporation;
b
Sianel Pedwar Cymru; or
c
the holder of any licence granted by the Independent Television Commission or the Radio Authority,
for the reception and re-transmission of that matter by that body or the holder of that licence.

4

In section 93 (broadcasting during elections)—

a

in subsection (1)(a), for “broadcast from a television or other wireless transmitting station in the United Kingdom” substitute—

a
broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru; or
b
included in any service licensed under Part I or III of the Broadcasting Act 1990

and

b

omit subsection (3).

5

Without prejudice to the generality of section 20(2) of the M36Interpretation Act 1978, any reference in this paragraph to a provision of the Representation of the M37People Act 1983 includes a reference to that provision as applied by any regulations made under paragraph 2 of Schedule 1 to the M38European Parliamentary Elections Act 1978.

National Audit Act 1983 (c. 44)

36

In Part II of Schedule 4 (nationalised industries and other public authorities liable to examination by Comptroller and Auditor General), for the entries relating to the Independent Broadcasting Authority and the Welsh Fourth Channel Authority substitute—

Sianel Pedwar Cymru.

Value Added Tax Act 1983 (c. 55)

F8937

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telecommunications Act 1984 (c. 12)

F20038

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Video Recordings Act 1984 (c. 39)

39

In section 3(8) (exempted supplies), for paragraphs (a) and (b) substitute “ a programme service (within the meaning of the Broadcasting Act 1990) ”.

Cinemas Act 1985 (c. 13)

40

In section 21(1) (interpretation), in the definition of “film exhibition”, for paragraphs (a) and (b) substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990); ”.

Bankruptcy (Scotland) Act 1985 (c. 66)

41

In subsection (5) of section 70 (supplies by utilities), for the words from “services”, where it second occurs, onwards substitute “ local delivery services within the meaning of Part II of the Broadcasting Act 1990 ”.

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I.11))

42

In Article 130(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), after “television,” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, ”.

Insolvency Act 1986 (c. 45)

43

In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), for the words “services consisting” onwards, in each place where they occur, substitute “ local delivery services within the meaning of Part II of the Broadcasting Act 1990. ”

Building Societies Act 1986 (c. 53)

44

In section 50(10) (powers to control advertising), in the definition of “advertisement”, for the words from “whether” to “and references” substitute

whether—
a
documentary,
b
by way of sound broadcasting or television or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, or
c
by any pictorial means not falling within paragraph (a) or (b) above;
and references

Financial Services Act 1986 (c. 60)

45

(1) In section 207 (interpretation)—

a

in subsection (2), after “television” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”; and

b

omit subsection (4).

2

In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes excluded from activities constituting investment business)—

a

in sub-paragraph (1), for the words from “or teletext” onwards substitute “ included, or made for inclusion, in a programme service. ”; and

b

for sub-paragraph (2) substitute—

2
In this paragraph—
a
“programme”, in relation to a programme service, includes an advertisement and any other item included in that service; and
b
“programme service” has the same meaning as in the Broadcasting Act 1990.

Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3))

46

In Article 2(2) (interpretation), in the definition of “newspaper”, for the words from “cable programme” onwards substitute “ programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Criminal Justice Act 1987 (c. 38)

F9047

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer Protection Act 1987 (c. 43)

F52548

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer Protection (Northern Ireland) Order 1987 (S.I.1987/2049 (N.I.20))

F52649

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9150

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915)

51

1

In regulation 2(1) (interpretation)—

a

omit the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”;

b

before the definition of “court” insert—

“the Commission” means the Independent Television Commission

c

for the definition of “licensed service” insert—

“licensed service” means—
a
in relation to a complaint made to the Commission, a service in respect of which the Commission have granted a licence under Part I or II of the Broadcasting Act 1990; and
b
in relation to a complaint made to the Radio Authority, a service in respect of which the Radio Authority have granted a licence under Part III of that Act;
and “licensed local delivery service” means a service in respect of which the Commission have granted a licence under Part II of that Act;

d

after the definition of “publication” insert—

“relevant body” means the Commission or the Radio Authority;
“on S4C” has the same meaning as in Part I of the Broadcasting Act 1990;
“the Welsh Authority” has the same meaning as in that Act;

2

In regulation 4(2) (exceptions to complaints to be considered by Director General of Fair Trading), for “the IBA or the Cable Authority” substitute “ the Commission, the Radio Authority or the Welsh Authority ”.

3

For regulations 8 to 11 substitute—

Complaints to the Commission and the Radio Authority
8
1
Subject to paragraph (2) below, it shall be the duty of a relevant body to consider any complaint made to it that any advertisement included or proposed to be included in a licensed service is misleading, unless the complaint appears to the body to be frivolous or vexatious.
2
The Commission shall not consider any complaint about an advertisement included or proposed to be included in a licensed local delivery service by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.
3
A relevant body shall give reasons for its decisions.
4
In exercising the powers conferred on it by these Regulations a relevant body shall have regard to all the interests involved and in particular the public interest.
Control by the Commission and the Radio Authority of misleading advertisments
9
1
If, having considered a complaint about an advertisement pursuant to regulation 8(1) above, it considers that the advertisement is misleading, a relevant body may, if it thinks it appropriate to do so, exercise in relation to the advertisement the power conferred on it—
a
where the relevant body is the Commission, by section 9(6) of the Broadcasting Act 1990 (power of Commission to give directions about advertisements), or
b
where the relevant body is the Radio Authority, by section 93(6) of that Act (power of Radio Authority to give directions about advertisements).
2
A relevant body may require any person appearing to it to be responsible for an advertisement which the body believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the body shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.
3
If such evidence is not furnished to it following a requirement made by it under paragraph (2) above or if it considers such evidence inadequate, a relevant body may consider the factual claim inaccurate.
Complaints to the Welsh Authority
10
1
Subject to paragraph (2) below, it shall be the duty of the Welsh Authority to consider any complaint made to them that any advertisement broadcast or proposed to be broadcast on S4C is misleading, unless the complaint appears to the Authority to be frivolous or vexatious.
2
The Welsh Authority shall not consider any complaint about an advertisement broadcast or proposed to be broadcast on S4C by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.
3
The Welsh Authority shall give reasons for their decisions.
4
In exercising the powers conferred on them by these Regulations the Welsh Authority shall have regard to all the interests involved and in particular the public interest.
Control by the Welsh Authority of misleading advertisements
11
1
If, having considered a complaint about an advertisement pursuant to regulation 10(1) above, they consider that the advertisement is misleading, the Welsh Authority may, if they think it appropriate to do so, refuse to broadcast the advertisement.
2
The Welsh Authority may require any person appearing to them to be responsible for an advertisement which the Authority believe may be misleading to furnish them with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the Authority shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.
3
If such evidence is not furnished to them following a requirement made by them under paragraph (2) above or if they consider such evidence inadequate, the Welsh Authority may consider the factual claim inaccurate.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I.1988/1846 (N.I.16))

52

In Article 10 (restrictions on reporting applications for dismissal and preparatory hearings)—

a

in paragraph (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;

b

in paragraphs (5), (9) and (13), for “, broadcast or included in a cable programme” substitute “ or included in a relevant programme ”;

c

in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “ or include in a relevant programme ”;

d

in paragraph (12), for “broadcast or included in a cable programme” substitute “ included in a relevant programme ” and for “, broadcast or inclusion in a cable programme” substitute “ or inclusion in a relevant programme ”;

e

in paragraph (13), for sub-paragraphs (c) and (d) substitute—

c
in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

f

in paragraph (16), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).

Children Act 1989 (c. 41)

53

In section 97(5) (privacy for children involved in certain proceedings), for paragraph (a) of the definition of “publish” substitute—

a
include in a programme service (within the meaning of the Broadcasting Act 1990);

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))

F19954

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 21Repeals

Section 203(3).

Chapter	Short title	Extent of repeal
1933 c. 12.	Children and Young Persons Act 1933.	In section 28(2)(a), the words “a cable programme studio”.
1937 c. 37.	Children and Young Persons (Scotland) Act 1937.	In section 36(2)(a), the words “a cable programme studio”.
1949 c. 54.	Wireless Telegraphy Act 1949.	Section 14(1B)(a).
		In section 15, in subsection (1) the words “and named in the warrant”, and in subsection (2) the words “and named in the authorisation”.
1952 c. 66.	Defamation Act 1952.	Section 1.
1955 c. 7.	Wireless Telegraphy (Blind Persons) Act 1955.	The whole Act.
1955 c. 11 (N.I.).	Defamation Act (Northern Ireland) 1955.	Section 1.
1959 c. 66.	Obscene Publications Act 1959.	In section 1, the proviso to subsection (3).
1967 c. 72.	Wireless Telegraphy Act 1967.	Section 3(2).
		Section 5(2).
1968 c. 34 (N.I.).	Children and Young Persons Act (Northern Ireland) 1968.	In section 45(2)(a), the words “a cable programme studio”.
1973 c. 41.	Fair Trading Act 1973.	In Schedule 7, in Part I, paragraphs 8 and 9.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to the Cable Authority, the Independent Broad- casting Authority and the Welsh Fourth Channel Authority.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to the Cable Authority and the Independent Broad- casting Authority.
1975 c. 68.	Industry Act 1975.	Section 9(9A).
1975 c. 70.	Welsh Development Agency Act 1975.	Section 19(9A).
1976 c. 82.	Sexual Offences (Amendment) Act 1976.	In section 4(6), the definitions of “a broadcast” and “cable programme”.
S.I. 1978/460 (N.I.5).	Sexual Offences (Northern Ireland) Order 1978.	In Article 6(6), the definitions of “a broadcast” and “cable programme”.
1980 c. 43.	Magistrates Courts Act 1980.	In section 8(10), the definitions of “broadcast” and “cable programme”.
1980 c. 65.	Local Government, Planning and Land Act 1980.	In Schedule 16, paragraph 16.
1981 c. 49.	Contempt of Court Act 1981.	In section 19, the definition of “cable programme”.
1981 c. 68.	Broadcasting Act 1981.	The whole Act.
1982 c. 39.	Finance Act 1982.	Section 144(3).
1982 c. 45.	Civic Government (Scot- land) Act 1982.	In section 51, subsection (6)(a) and, in subsection (8), in the definition of “material” the words from “and” onwards, and the word “showing,”.
1983 c. 2.	Representation of the People Act 1983.	Section 93(3).
1984 c. 12.	Telecommunications Act 1984.	Section 6(1).
		Section 49(2).
		In section 79(2), the words “or them”.
		In Schedule 4, paragraph 81.
		In Schedule 5, paragraphs 8(1) and (3) and 30.
1984 c. 46.	Cable and Broadcasting Act 1984.	The whole Act.
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entries relating to the Broadcasting Act 1981.
1986 c. 41.	Finance Act 1986.	Section 111.
		Schedule 22.
1986 c. 60.	Financial Services Act 1986.	Section 207(4).
1986 c. 64.	Public Order Act 1986.	In section 22, in subsection (2) the words “broad- casting or cable”, in subsections (4)(b) and (5)(b) the words “broad- cast or”, wherever occur- ring, and subsections (7) and (8).
		Section 23(4).
		In section 29, the definitions of “broadcast” and “cable programme service”.
		In Schedule 2, paragraphs 5 and 6.
1987 c. 10.	Broadcasting Act 1987.	The whole Act.
1987 c. 38.	Criminal Justice Act 1987.	In section 11(15), the definitions of “broadcast” and “cable programme”.
1987 c. 43.	Consumer Protection Act 1987.	In section 24(6), the definition of “cable programme service”.
S.I.1987/463 (N.I.7).	Public Order (Northern Ireland) Order 1987.	In Article 12, in paragraph (2)(a) the words “broad- casting or cable”, in paragraphs (4)(b) and (5)(b) the words “broadcast or”, wherever occurring, and paragraphs (7) and (8).
		Article 13(4).
		In Article 17, the defini- tions of “broadcast” and “cable programme service”.
S.I.1987/2049 (N.I.20).	Consumer Protection (Northern Ireland) Order 1987.	In Article 17(6), the definition of “cable programme service”.
1988 c. 40.	Education Reform Act 1988.	In Schedule 12, paragraph 49.
1988 c. 48.	Copyright, Designs and Patents Act 1988.	In section 73, subsection (2)(a) and the word “or” immediately following it, and subsection (3)(a) and the word “or” immediately following it.
		Section 134(4).
		Section 299(2).
		In Schedule 2, paragraph 19(2)(a) and the word “or” immediately following it.
		In Schedule 7, paragraphs 29 and 30.
S.I.1988/915.	Control of Misleading Advertisements Regulations 1988.	In regulation 2(1), the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”.
S.I.1988/1846 (N.I.16).	Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.	In Article 10(16), the definitions of “broadcast” and “cable programme”.
1989 c. 26.	Finance Act 1989.	Section 181.
		Schedule 16.

SCHEDULE 22 Transitional Provisions and Savings

Section 203(4).

Preservation of appointments of existing members of the Welsh Authority, the BCC and the BSC

F4371

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make provision with respect to complaints to the BCC or BSC

F4372

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988

F4373

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving of amendments made by Cable and Broadcasting Act 1984

4

The amendments made by paragraphs 12, F92. . ., 32 F198... of Schedule 5 to the M39Cable and Broadcasting Act 1984 shall not be affected by the repeals made by this Act but shall continue to have effect, subject to any amendments made by Schedule 20 to this Act.

Transitional modification of amendments made by this Act

F1975

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—

a

the reference to the holder of a licence granted by the Independent Television Commission or the Radio Authority included a reference to the holder of a relevant licence within the meaning of Part III of Schedule 12 to this Act; and

b

there were added at the end

or in pursuance of arrangements made with—
i
the Independent Television Commission or the Radio Authority, or
ii
any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,
for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.

7

Regulation 8(1) and (2) of the Control of Misleading Advertisements Regulations 1988 (as amended by this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of Schedule 12 to this Act as they apply to a service licensed under Part II of this Act.

Broadcasting Act 1990

F20C58Part I Independent Television Services

C58Chapter 1 Regulation by Commission of Television Services Generally

Establishment of Independent Television Commission

F1131 The Independent Television Commission.

Function of Commission

F1142 Regulation by Commission of provision of television services.

General provisions about licences

3C58 Licences under Part I.

1

2

3

a

b

F13A

4

a

b

5

6

7

F1178

a

b

4C58 General licence conditions.

1

a

b

C93c

d

2

a

b

3

4

5

a

b

6

C475C58 Restrictions on the holding of licences.

C61

C7a

F147b

c

2

a

i

ii

iii

b

c

d

i

ii

F148da

i

ii

db

i

ii

e

F22A

3

a

b

4

5

a

b

F36

a

b

i

ii

6A

F151a

b

c

F5616AA

6AB

F20 C58Part I Independent Television Services

C58 C5215C58 Applications for Channel 3 licences.