Broadcasting Act 1996

Part IIOther amendments of Broadcasting Act 1990

12In section 2 of the 1990 Act (regulation by Commission of provision of television services), in subsection (4), in the definition of “television programme service”, after paragraph (a) there is inserted—

“(aa)a restricted service (as defined by section 42A);”.

13In section 6 of the 1990 Act (general requirements as to licensed services), in subsection (8), for “the teletext service referred to in section 49(2)” there is substituted “a teletext service”.

14In section 33 of the 1990 Act (conditions requiring holder of Channel 3 or Channel 5 licence to deliver licensed service), in subsection (3), after “subsection (1)” there is inserted “or section 21A(3) or (4)”.

15(1)Section 43 of the 1990 Act (domestic and non-domestic satellite services) is amended as follows.

(2)In subsection (3), after “shall”, where first occurring, there is inserted “subject to subsection (3A)”.

(3)After that subsection there is inserted—

“(3A)For the purposes of this Part, any non-domestic satellite service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company—

(a)shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service), and

(b)shall be regarded as provided from a place in the United Kingdom.”

(4)At the end of subsection (4) there is inserted—

““relevant broadcasting body” means—

(a)in relation to a BBC company, the BBC,

(b)in relation to a Channel 4 company, the Channel Four Television Corporation, and

(c)in relation to an S4C company, the Welsh Authority.”

16In section 46 of the 1990 Act (licensable programme services), in subsection (2)(a), after “television broadcasting service” there is inserted “a multiplex service (as defined by section 1(1) of the Broadcasting Act 1996), a restricted service”.

17In section 71 of the 1990 Act (interpretation of Part I), after the definition of “regional Channel 3 service” there is inserted—

““restricted service” has the meaning given by section 42A;”.

18In section 72 of the 1990 Act (local delivery services), in subsection (2) after paragraph (a) there is inserted—

“(aa)any restricted service (within the meaning of that Part);”.

19(1)Section 84 of the 1990 Act (regulation by Radio Authority of independent radio services) is amended as follows.

(2)In subsection (3), after “shall”, where first occurring, there is inserted “subject to subsection (3A)”.

(3)After that subsection there is inserted—

“(3A)For the purposes of this Part, any satellite service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company—

(a)shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service), and

(b)shall be regarded as provided from a place in the United Kingdom.

(3B)In subsection (3A) “relevant broadcasting body” means—

(a)in relation to a BBC company, the BBC,

(b)in relation to a Channel 4 company, the Channel Four Television Corporation, and

(c)in relation to an S4C company, the Welsh Authority.”

20In section 188 of the 1990 Act (power to give broadcasting bodies etc. directions relating to international obligations), in subsection (2)(e), for “Broadcasting Standards Council” there is substituted “Broadcasting Standards Commission”.

21In section 202(1) of the 1990 Act (interpretation)—

(a)after the definition of “broadcast” there is inserted—

““a Channel 4 company” means—

(a)any body corporate which is controlled by the Channel Four Television Corporation, or

(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);”

(b)in the definition of “connected”, for “licence” there is substituted “person”, and

(c)after the definition of “programme” there is inserted—

““an S4C company” means—

(a)any body corporate which is controlled by the Welsh Authority, or

(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);”.

22In paragraph 2(1) of Schedule 1 to the 1990 Act (persons disqualified for membership of the Independent Television Commission), for paragraphs (c) and (d) there is substituted— “or

(c)a member or employee of the Broadcasting Standards Commission.”

23In paragraph 2(1) of Schedule 3 to the 1990 Act (persons disqualified for membership of the Channel Four Television Corporation), for paragraphs (d) and (e) there is substituted— “or

(d)a member or employee of the Broadcasting Standards Commission.”

24In paragraph 2(1) of Schedule 6 to the 1990 Act (persons disqualified for membership of the Welsh Authority), for paragraphs (b) and (c) there is substituted— “or

(b)a member or employee of the Broadcasting Standards Commission.”

25In paragraph 2(1) of Schedule 8 to the 1990 Act (persons disqualified for membership of the Radio Authority), for paragraphs (d) and (e) there is substituted— “or

(d)a member or employee of the Broadcasting Standards Commission.”

26In Schedule 19 to the 1990 Act (the Gaelic Broadcasting Committee: supplementary provisions)—

(a)in paragraph 8—

(i)for “Gaelic Television Fund” there is substituted “Gaelic Broadcasting Fund”; and

(ii)in sub-paragraph (c), after “Commission” there is inserted “and (where the expenses relate to the Commission’s functions in connection with sound programmes) the Radio Authority”; and

(b)in paragraph 11(4)—

(i)after “Commission” there is inserted “or the Radio Authority”; and

(ii)for “them”, where it first occurs, there is substituted “the Commission or, as the case may be, the Authority”.