http://www.legislation.gov.uk/id/ukpga/1990/42

F21 C51Part I Independent Television Services

Annotations:

Amendments (Textual)

F21

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)

C51

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)

C51Chapter 1 Regulation by Commission of Television Services Generally

Establishment of Independent Television Commission

F701 The Independent Television Commission.

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Function of Commission

F712 Regulation by Commission of provision of television services.

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General provisions about licences

3C51 Licences under Part I.

1

Any licence granted by F72OFCOM 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 F73 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

F72OFCOM —

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 F72OFCOM 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

F72OFCOM 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 F72OFCOM 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 F72OFCOM .

7

Without prejudice to the generality of subsection (6), F72OFCOM 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.

F748

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 F402a 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 F79contained in the licence to provide F75OFCOM 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 F80or (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).

C425C51 Restrictions on the holding of licences.

C11

F112OFCOM shall do all that they can to secure—

C2a

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

F104b

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

F112OFCOM 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;

F105da

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 F107the 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—

F108a

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b

a change in the national market share (within the meaning of F109Part 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 (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).

F1106B

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F46C

F112OFCOM 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 F112OFCOM 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 F111a 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 F112OFCOM 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

F3796 General requirements as to licensed services.

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F3797 General code for programmes.

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F3798 General provisions as to advertisements.

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F3799 Control of advertisements.

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F37910 Government control over licensed services.

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F37911 Monitoring by Commission of programmes included in licensed services.

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F37912 Audience research.

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Prohibition on providing unlicensed television services

C313 Prohibition on providing television services without a licence.

C41

Subject to subsection (2), any person who provides any F82relevant 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.

F811A

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 F83OFCOM , 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.

C51Chapter II Television Broadcasting on Channels 3, 4 and 5

Channel 3

14C51 Establishment of Channel 3.

1

F84OFCOM 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 F84OFCOM may determine in the case of that service.

3

If it appears to F84OFCOM 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 F84OFCOM 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 F84OFCOM may determine.

5

If F84OFCOM 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).

7

Any reference in this section to an area in the United Kingdom does not include an area which comprises or includes the whole of England or the whole of 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 F85OFCOM 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).

C51 C4616C51 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, F91OFCOM 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 F92that 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 F91OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F932

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F933

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4

In deciding whether an applicant’s proposed service would comply with the requirements F94that 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,

F91OFCOM shall take into account any representations made to them in pursuance of section 15(6)(b) with respect to that service; F95....

F965

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F966

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F967

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F968

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C59 C51 C4617C51 Award of licence to person submitting highest cash bid.

1

Subject to the following provisions of this section, F97OFCOM 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) F97OFCOM 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

F97OFCOM 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), F97OFCOM 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 F97OFCOM —

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 F97OFCOM 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 F97OFCOM 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.

C60 C51 C4617AC51F8 Award of Channel 3 licence subject to conditions.

1

F378OFCOM 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 F378OFCOM 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 F378OFCOM decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.

18C70 C71 C51 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 F378OFCOM that he does not intend to provide the service in question, or

b

F378OFCOM 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

F378OFCOM 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 F378OFCOM 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.

C53

Where F378OFCOM 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, F99a specified financial penalty.

F1003A

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 F378OFCOM as a debt due to them from any person who controls that body.

19C51 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 F378OFCOM (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).

C58 C492

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.

C58 C493

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.

C58 C494

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 F408Statistics Board.

F10120 Duration and renewal of Channel 3 licences.

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21C51 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 F102OFCOM ,

then (subject to subsection (4)) F102OFCOM 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 F103is 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

F102OFCOM 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 F102OFCOM 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

F102OFCOM 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) F102OFCOM 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.

F11321A Variation of regional Channel 3 licence following change of control.

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22C51 Temporary provision of regional Channel 3 service for additional area.

1

Where it appears to F114OFCOM —

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,

F114OFCOM 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, F114OFCOM 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

C51 C5223C51 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

F1186

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F11925 Conditions to be included in Channel 4 licence.

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F12026 Revenue deficits of Corporation to be funded by Channel 3 licensees.

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F12127 Application of excess revenues of Corporation.

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Channel 5

28 Channel 5.

1

F122OFCOM 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 F122OFCOM 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 F122OFCOM 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 F122OFCOM 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 F123OFCOM in accordance with section 28(2); F124...

F124b

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F1253

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F37730 Initial Channel 5 licensee required to retune equipment susceptible to interference.

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Provision of news programmes

F37731 Provision of news on Channels 3 and 5.

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F37731A Appointment of news provider by holders of regional Channel 3 licences.

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F37732 Nomination of bodies to provide news for regional Channel 3 services.

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

Miscellaneous provisions relating to Channels 3, 4 and 5

F37733 Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service.

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

F37734 Schools programmes.

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

F37735 Subtitling for the deaf.

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

F37736 Party political broadcasts.

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

37C51 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 F126OFCOM 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.

38C51 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 F65the Office of Fair Trading, and

b

in the case of any such modification as is so referred to, to inform F67it 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

C51 C6140C51 Power to direct licensee to broadcast correction or F127a statement of findings or not to repeat programme.

C6 C821

If F376OFCOM 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 F127a 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 F127a statement of findings (or both) in such form, and at such time or times, as they may determine.

C62

F376OFCOM 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.

C63

Where the holder of a licence includes a correction or F127a 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.

C64

If F376OFCOM 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.

F1286

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.

41C51 Power to impose financial penalty or shorten licence period.

C841

If F376OFCOM 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 F376OFCOM under or by virtue of any provision of this Part F130, 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 F376OFCOM; or

b

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

F1291A

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

F376OFCOM 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), F376OFCOM 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 F376OFCOM 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 F376OFCOM 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, F376OFCOM will revoke his licence under subsection (3).

3

If at the end of the period specified in a notice under subsection (2) F376OFCOM 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 F376OFCOM 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 F376OFCOM 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 F376OFCOM 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

F376OFCOM 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,F132...

F132b

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

42B Licensing etc. of restricted services.

1

An application for a licence to provide a restricted service shall be made in such manner as F134OFCOM may determine, and shall be accompanied by such fee (if any) as F134OFCOM may determine.

2

Subject to F135subsections (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 F136subsections (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 F137is the maximum penalty given by subsection (3A).

F1333A

The maximum penalty is whichever is the greater of—

C78a

£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.

F380Chapter III Satellite Television Services

Annotations:

Amendments (Textual)

F380

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)

F38043 Satellite television services.

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

F380 F1244 Licensing etc. of domestic satellite services.

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

F38045 Licensing etc. of satellite television services.

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

F38045A Special power of revocation and suspension on certain grounds in case of licence to provide satellite television service.

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

F381Chapter IV. Licensable Programme Services

Annotations:

Amendments (Textual)

F381

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)

F38146 Licensable programme services.

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

F38147 Licensing etc. of licensable programme services.

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

C51Chapter V Additional Services Provided on Television Broadcasting Frequencies

48C51 Additional services.

1

In this Part “additional service” means any service which consists in the sending of F62electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any television broadcasting service provided—F139 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—F140any 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.

F1382A

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

F141OFCOM shall, when determining under subsection F142(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—

F143a

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—

F144a

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).

F1455

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

F1466

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.

49C51 Licensing of additional services.

1

Subject to subsection (2), F147OFCOM shall do all that they can to secure that, in the case of each F149relevant 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 F147OFCOM in accordance with this section.

F1481A

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 F147OFCOM 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 F147OFCOM 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 F147OFCOM .

10

In this Part “additional services licence” means a licence to provide additional services F150and “relevant frequency” has the same meaning as in section 48.

such other information connected with his application as F153OFCOM consider appropriate.

F1517

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

51C51 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, F154OFCOM 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—

F155a

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 F154OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F1562

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

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 F154OFCOM 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 F154OFCOM that none of the services in question will be provided once the licence has come into force, or

b

F154OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

i

F154OFCOM 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 F154OFCOM 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.

F1577

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

52C51 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 F158OFCOM (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,

53C51 Duration of licences, and renewal of licences for provision of services on assigned frequencies.

1

F161A 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 F164OFCOM 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 F164OFCOM 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.

C73F16012

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.

54C51 Additional services not to interfere with other transmissions.

1

An additional services licence may include such conditions as F166OFCOM 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.

F1672

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

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.

F1736

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

F17559 Requirements to be complied with in relation to S4C programmes.

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

C1160C51 Advertising on S4C.

F1771

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

F1772

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

F1773

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

4

Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament.

8

An order shall not be made under subsection (4) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

61AC51F16 Welsh Authority public service fund.

F1791

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

2

All amounts received by the Welsh Authority under section 61 F181... shall be kept by the Authority in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of F180their functions in relation to the provision of the services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003).

3

No S4C company shall receive any direct or indirect subsidy from the public service fund.

4

The Welsh Authority shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast F182 on a television programme service that is one of their public services (within the meaning of section 207 of the Communications Act 2003).

F1835

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

F1836

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

F18462 Information to be supplied to Commission by Welsh Authority.

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

63C51 Government control over S4C.

1

If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require the Welsh Authority to broadcast, at such times as may be specified in the notice, any announcement specified in the notice, with or without visual images of any picture, scene or object mentioned in the announcement; and it shall be the duty of the Authority to comply with the notice.

2

Where the Welsh Authority broadcast any announcement in pursuance of a notice under subsection (1), they may announce that they are doing so in pursuance of such a notice.

3

The Secretary of State may at any time by notice require the Welsh Authority to refrain from broadcasting any matter or classes of matter specified in the notice; and it shall be the duty of the Authority to comply with the notice.

4

Where the Secretary of State has given the Welsh Authority a notice under subsection (3), the Authority may broadcast an announcement of the giving of the notice or, when it has been revoked or has expired, of its revocation or expiration.

5

The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.

C1364C51 Audience research by Welsh Authority.

1

The Welsh Authority shall make arrangements for ascertaining—

a

the state of public opinion concerning programmes broadcast on S4C;

b

any effects of such programmes on the attitudes or behaviour of persons who watch them; and

c

the types of programme that members of the public would like to be broadcast on S4C.

2

Those arrangements shall—

a

secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Welsh Authority; and

b

include provision for full consideration by the Authority of the results of any such research.

C51Chapter VII Supplemental

F18565 Assignment of frequencies by Secretary of State.

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

66C51 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 F188so 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 F186OFCOM 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 F186OFCOM 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 F188so as to be available for reception by members of the public.

F1872A

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 F186OFCOM 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) F186OFCOM 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

F189d

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

e

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

67C51 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.

F37568 Certain receipts of Commission to be paid into Consolidated Fund.

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

F37569 Frequency planning and research and development.

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

F37570 Representation by Commission of Government and other interests in connection with broadcasting matters.

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

71C51 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 F193... 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;
F193...
“the Corporation” means the Channel Four Television Corporation established by section 23;
F19. . .
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
F193...
“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;
F19. . .
“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;
F20“restricted service” has the meaning given by section 42A;
F191“S4C” F415and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;
F193...
“spare capacity” shall be construed in accordance with section 48(2);
F192“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.

F209Part II Local Delivery Services

Annotations:

Amendments (Textual)

F209

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)

F209 Preliminary

F20972 Local delivery services.

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

F209 Licensing of local delivery services

F20973 Licensing of local delivery services.

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

F20974 Applications for local delivery licences.

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

F20975 Procedure to be followed by Commission in connection with consideration of applications for licences.

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

F20976 Award of licence to person submitting highest cash bid.

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

F20976A Award of local delivery licence subject to conditions.

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

F20977 Additional payments to be made in respect of local delivery licences.

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

F20978 Duration and renewal of local delivery licences.

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

F20978A Inclusion of certain services in local delivery service provided by digital means.

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

F209 Regulation of delivery of certain programmes

F20979 Regulation of delivery of programmes provided by licence holder and foreign satellite programmes.

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

F20980 Directions requiring licence holder to cease relaying foreign television programmes.

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

F209 Enforcement of licences

F20981 Enforcement of local delivery licences.

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

F209 Prohibition on providing unlicensed local delivery services

F20982 Prohibition on providing local delivery services without a licence.

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

C53Part III Independent Radio Services

Annotations:

Modifications etc. (not altering text)

C53

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)

C53Chapter I Regulation by Authority of Independent Radio Services Generally

Establishment of Radio Authority

F19483 The Radio Authority.

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

Function of Authority

F19584 Regulation by Authority of independent radio services.

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

85 Licensing functions of Authority.

1

Subject to subsection (2), F198OFCOM may, in accordance with the following provisions of this Part, grant F199 licences to provide relevant independent radio services.

2

F198OFCOM 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 F198OFCOM, is not pop music; and

b

a range and diversity of local services.

F1973

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

F1974

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

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).

F224A

Where F200OFCOM 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

F200OFCOM 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 F200OFCOM about the variation.

6

Paragraph (a) of subsection (5) does not affect the operation of section 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 F200OFCOM .

8

Without prejudice to the generality of subsection (7), F200OFCOM 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.

F2039

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

a

any liability in respect of a failure to hold F403a 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).

87C53 General licence conditions.

1

A licence may include—

a

such conditions as appear to F207OFCOM 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 F205, the Broadcasting Act 1996 or the Communications Act 2003;

b

conditions enabling F207OFCOM 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 F207OFCOM (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;

C81d

conditions requiring the licence holder to furnish F207OFCOM, 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 F206, the Broadcasting Act 1996 or the Communications Act 2003;

e

conditions requiring the licence holder, if found by F207OFCOM to be in breach of any condition of his licence, to reimburse to F207OFCOM, 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 F207OFCOM to be appropriate.

2

A licence may in particular include—

a

conditions requiring the licence holder—

i

to comply with any direction given by F207OFCOM as to such matters as are specified in the licence or are of a description so specified, or

ii

(except to the extent that F207OFCOM 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, F207OFCOM, F204...

F204ii

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

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 F207OFCOM by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by F207OFCOM; F208...

4

A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and F207OFCOM 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 F207OFCOM 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 C4388C53 Restrictions on the holding of licences.

C141

F218OFCOM shall do all that they can to secure—

C15a

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

F210b

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

F232A

Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, F218OFCOM shall give the Secretary of State notice of their intention to do so, specifying the relevant change.

3

Where F218OFCOM —

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 F218OFCOM 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 F218OFCOM 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,

F218OFCOM 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.

F246

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

a

the Commission have notified him of the matters F212constituting 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 F213the 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.

F2192

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

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 F220concerned in—

a

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

b

the operation of F405a wireless telegraphy station used for broadcasting the service.

General provisions about licensed services

F37490 General requirements as to licensed services.

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

F37491 General code for programmes.

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

F37492 General provisions as to advertisements.

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

F37493 Control of advertisements.

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

F37494 Government control over licensed services.

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

F37495 Monitoring by Authority of programmes included in licensed services.

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

F37496 Audience research.

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

Prohibition on providing unlicensed independent radio services

97 Prohibition on providing independent radio services without a licence.

C16 C901

Subject to subsection (2), any person who provides any F222relevant regulated radio service without being authorised to do so by or under a licence under this Part F28or Part II of the Broadcasting Act 1996 shall be guilty of an offence.

F2211A

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 F223OFCOM, 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.

C53Chapter II Sound Broadcasting Services

c

such other information connected with his application as F232OFCOM consider appropriate.

7

In this section

F231“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

F238OFCOM 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 F238OFCOM, 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 F238OFCOM, 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 F238OFCOM 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 F238OFCOM 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 F238OFCOM 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.

100AF373Licence 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.

101C53 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 F244OFCOM that he does not intend to provide F240the 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

F244OFCOM for any other reason have reasonable grounds for believing that that person will not provide F241the licensed national service or any such simulcast radio service once the licence has come into force,

then, subject to subsection (2)—

i

F244OFCOM 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 F244OFCOM have served on him a notice stating their grounds for believing that he will not provide F242the 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.

C173

Where F244OFCOM 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, F243a specified financial penalty.

F2393A

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

C76a

£250,000; and

b

3C

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

C77a

£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 F244OFCOM as a debt due to them from any person who controls that body.

102C53 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 F409Statistics Board.

C63 C53103C53 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 F248OFCOM,

then (subject to subsection (5)) F248OFCOM 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 F247is 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 F246as it has effect for the purposes of that Schedule.

3

F248OFCOM 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

F248OFCOM 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

F248OFCOM 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) F248OFCOM 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 F387OFCOM 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 F387OFCOM 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.

F39310

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

F38310A

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—

F394...
“the relevant date”, in relation to a national licence, means the date which F387OFCOM 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.

3

At any time after receiving such an application and before determining it F250OFCOM may require the applicant to furnish additional information under subsection (2)(b), (c) or (d).

4

F250OFCOM shall, at the request of any person and on the payment by him of such sum (if any) as F250OFCOM may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) by the applicants for a local licence.

F305

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

6

F249An application for a licence to provide a restricted service shall be made in such manner as F250OFCOM may determine, and shall be accompanied by such fee (if any) as F250OFCOM may determine.

7

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

104AC53F31 Renewal of local licences.

1

A local licence may (subject to the following provisions of this section) be renewed on one occasion for a period of F253twelve years beginning with the date of renewal.

2

No application for the renewal of a local licence under subsection (1) may be made before F258OFCOM 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.

C693

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 F254the 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 F258OFCOM 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 F256paragraph 8(2) of Schedule 14 to the Communications Act 2003.

but, in relation to a departure from the character of a service provided under a local licence, does not include a service that is provided otherwise than wholly or mainly for reception by persons living and working in the area or locality in question.

106ZAF371Consultation about change of character of local services

1

Before deciding for the purposes of a condition imposed under subsection (1A) of section 106 whether to consent to a departure from the character of a service provided under a local licence on any of the grounds mentioned in paragraphs (b) to (d) of that subsection, OFCOM must publish a notice specifying—

a

the proposed departure; and

b

the period in which representations may be made to OFCOM about the proposal.

2

That period must end not less than 28 days after the date of publication of the notice.

3

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

F372108 Promotion of equal opportunities in relation to employment by holder of national licence.

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

Enforcement of licences

C18 C50 C53109C53 Power to require scripts etc. or broadcasting of correction or F273a statement of findings.

1

If F370OFCOM 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 F370OFCOM under or by virtue of any provision of this Part, they may serve on him a notice—

a

stating that F370OFCOM 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), F370OFCOM 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), F370OFCOM may direct him—

a

to provide F370OFCOM 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 F370OFCOM 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.

C833

If F370OFCOM 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 F273a 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 F273a statement of findings (or both) in such form, and at such time or times, as they may determine.

4

F370OFCOM shall not give any person a direction under subsection (3) unless they have given him a reasonable opportunity of making representations to F370OFCOM about the matters complained of.

5

Where the holder of a licence includes a correction or F273a 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.

F2726

C50 C53110C72 C53 Power to impose financial penalty or suspend or shorten licence period.

C871

If F370OFCOM 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 F370OFCOM;

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.

F2741A

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.

C673

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any other licence shall not exceed F275£250,000.

4

F370OFCOM 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), F370OFCOM 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 F370OFCOM 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.

F2767

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

C19 C50 C53111C53 Power to revoke licences.

C881

If F370OFCOM 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 F370OFCOM 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, F370OFCOM will revoke his licence under subsection (3).

3

If at the end of the period specified in a notice under subsection (2) F370OFCOM 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 F370OFCOM 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 F370OFCOM 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 F370OFCOM 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

F370OFCOM 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.

C50 C53111AC53F33 Enforcement of licences held by BBC companies.

Where F370OFCOM —

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),

F370OFCOM shall send a copy of the direction, notice or representations to the Secretary of State.

C64 C53111BC53F34 Power to suspend licence to provide satellite service.

1

If F279OFCOM are satisfied—

a

that the holder of a licence to provide a F277 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 F278which 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 F279OFCOM 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 F279OFCOM 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 F279OFCOM 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 F279OFCOM decide not to revoke the licence.

3

If F279OFCOM, 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

F280112 Licensable sound programme services.

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

F281113 Licensing etc. of licensable sound programme services.

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

C53Chapter IV Additional Services Provided on Sound Broadcasting Frequencies

114C53 Additional services.

1

In this Part “additional service” means any service which consists in the sending of F63electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any sound broadcasting service provided—F284on 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 F285any 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.

F2822A

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

F286OFCOM 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).

F2875

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

F2836

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.

115C53 Licensing of additional services.

1

F288OFCOM shall do all that they can to secure that, in the case of each F289relevant 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 F288OFCOM 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 F288OFCOM 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 F64and 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 F288OFCOM 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 F288OFCOM.

8

The holder of a licence to provide a F290local 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 F291OFCOM consider appropriate.

117C53 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, F296OFCOM 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—

F295a

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 F296OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.

F2932

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

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 F296OFCOM that none of the services in question will be provided once the licence has come into force, or

b

F296OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

i

F296OFCOM 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 F296OFCOM 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.

F2947

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

118C53 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,

119C53 Additional services not to interfere with other transmissions.

1

An additional services licence may include such conditions as F299OFCOM 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.

F2982

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

120C53 Enforcement of additional services licences.

C891

If F301OFCOM 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 F301OFCOM 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 F301OFCOM.

F3001A

1B

1C

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

3

F301OFCOM 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).

C53Chapter V Supplemental

121C53 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.

F369122 Certain receipts of Authority to be paid into Consolidated Fund.

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

F369123 Frequency planning and general research and development.

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

F369124 Authority to assist Secretary of State in connection with licensing functions under 1949 Act.

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

F369125 Representation by Authority of Government and other interests in connection with broadcasting matters.

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

126C53 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);
F307...
“cash bid” has the meaning given by section 98(8);
F304“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;
F307...
“local licence” and “national licence” mean a licence to provide a local service and a licence to provide a national service, respectively;
F305“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;
F303“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 F35but does not include a radio multiplex service F306(within the meaning of Part 3 of the Communications Act 2003) ;
“spare capacity” shall be construed in accordance with section 114(2).

F3021A

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.

C201

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.

F308134 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 F416the 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 F410section 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 F411section 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 F417section 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.

C21 F36Part V The Broadcasting Complaints Commission

Annotations:

Amendments (Textual)

F36

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)

C21

Pt. V (ss. 142–150) modified by S.I. 1990/2579, art. 2(2)

142 The Broadcasting Complaints Commission. C31

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. C32

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.

C332

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. C34

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.

F37Part VI The Broadcasting Standards Council

Annotations:

Amendments (Textual)

F37

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—

F401 C23 C45 C79168 Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.

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

F401 C24 C45 C79169 Offence of allowing premises to be used for purpose of unlawful broadcasting.

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

F401 C25 C45 C79170 Prohibition of acts facilitating unauthorised broadcasting.

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

F401 C26 C45 C79171 Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

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

F401 C27 C45 C79172 Amendments of provisions of 1949 Act relating to penalties and forfeiture.

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

F401 C28 C45 C79173 Extension of search and seizure powers in relation to unlawful broadcasting etc.

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

F401174 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 F309regulation by OFCOM	The person licensed to provide the service
F310The 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 F311section 126(1) ) subject to regulation by F312OFCOMF38, 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 F312OFCOM	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

C54177 Orders proscribing unacceptable foreign satellite services.

1

Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.

2

If F313OFCOM consider that the quality of any foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.

3

Listed events

F42182.

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

Gaelic television programmes

C29 C55183 Financing of programmes in Gaelic out of Gaelic Television Fund.

1

The Secretary of State—

a

may, for the financial year beginning with 1st April 1991, and

b

shall, for each subsequent financial year,

pay to F317OFCOM such amount as he may, with the approval of the Treasury, determine to be appropriate for the purposes of this section.

2

Any amount received by F317OFCOM under subsection (1) shall be carried by them to the credit of a fund established F322by the Independent Television Commission under this section and known as the F43Gaelic Broadcasting Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of F317OFCOM).

3

The Fund shall be under the management of a body established for the purposes of this section F321...

F3203A

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

F3163B

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.

F3186

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

F3187

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

8

Any sums required by the Secretary of State under subsection (1) shall be paid out of money provided by Parliament.

F3199

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.

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—

F399“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.

F40010

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

F40011

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

C66184 Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

3

A Channel 3 F328, Channel 4 or Channel 5 licence shall include conditions requiring the licence holder to pay to F331OFCOM , 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 F331OFCOM by virtue of subsection (3) shall be transmitted by them to the nominated body.

5

In this section—

F330...
“Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.
F329“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

F332186 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.

F3331

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

F3332

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

F563

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

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;

F334b

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

c

the Welsh Authority;

F335d

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

F335e

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

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

F367189 Sharing of apparatus by operators of telecom- munication systems.

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

F367190 Modification of certain references in Telecom- munications Act licences.

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

F367191 Revocation of class licence to run broadcast relay systems.

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

Application of competition legislation

F60192 Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services.

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

C41193F61Modification of networking arrangements in consequence of competition legislation

1

Where F337the 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.

F3362A

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 F338section 290(4) of the Communications Act 2003; and
“regional Channel 3 service” has the meaning given by section 14(6) above.

C571

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 F352... 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 F353OFCOM to enter and search the premises specified in the information at any time within one month from the date of the warrant.

F3512

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

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.

F354197 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.

F3551

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

F3552

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

F3553

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

F3554

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

5

Any notice served F357by OFCOM under section 21, 41, 42, 55, 103, 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.

F3566

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

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 F361...), namely—

F359aa

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 F360an 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.

F3582A

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);
“the BBC” means the British Broadcasting Corporation;
F47“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;
F48“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 F49person, 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;
F50“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“financial year” shall be construed in accordance with subsection (2);
“frequency” includes frequency band;
“modifications” includes additions, alterations and omissions;
F363“OFCOM” means the Office of Communications;
F363“pension scheme” means a scheme for the payment of pensions, allowances or gratuities;
“programme” includes an advertisement and, in relation to any service, includes any item included in that service;
F51“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);
F364...
“the Welsh Authority” means the authority renamed Sianel Pedwar Cymru by section 56(1);
F407“wireless telegraphy” and “wireless telegraphy station” each has the same meaning as in the Wireless Telegraphy Act 2006.

2

In any provision of—

a

F52. . .

b

Schedule F365..., 2, 3, 6, F365..., F53. . . 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.

C302

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.

F21C51Part I Independent Television Services

C51Chapter 1 Regulation by Commission of Television Services Generally

Establishment of Independent Television Commission

F701 The Independent Television Commission.

Function of Commission

F712 Regulation by Commission of provision of television services.

General provisions about licences

3C51 Licences under Part I.

1

2

3

a

b

F13A

4

a

b

5

6

7

F748

a

b

4C51 General licence conditions.

1

a

b

C80c

d

2

a

b

3

4

5

a

b

6

C425C51 Restrictions on the holding of licences.

C11

C2a

F104b

c

2

a

i

ii

iii

b

c

d

i

ii

F105da

i

ii

db

i

ii

e

F22A

3

a

b

4

5

a

b

F36

a

b

i

ii

6A

F108a

b

c

F1106B

F46C

F46D

F21 C51Part I Independent Television Services

C51 C4615C51 Applications for Channel 3 licences.