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Broadcasting Act 1996
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Changes over time for: Section 63
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Broadcasting Act 1996, Section 63 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 63:
- s. 97(1)-(2A) substituted for s. 97(1)(2) by 2003 c. 21 s. 299(1) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
- s. 97(5A)(5B) inserted by 2003 c. 21 s. 299(4) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
- s. 101(1)-(1D) substituted for s. 101(1) by 2003 c. 21 s. 300(2) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
- specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 97(1)-(2A) substituted for s. 97(1)(2) by 2003 c. 21 s. 299(1) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
- s. 97(5A)(5B) inserted by 2003 c. 21 s. 299(4) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
- s. 101(1)-(1D) substituted for s. 101(1) by 2003 c. 21 s. 300(2) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
63 Digital additional services.U.K.
(1)In this Part “digital additional service” means any service which—
[F1(a)is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;
(aa)is so provided with a view to the broadcasting being by means of a radio multiplex service or by means of a general multiplex service; and]
(b)is not a digital sound programme service, a simulcast radio service, [F2a television licensable content service, an ancillary service, a relevant ancillary service within the meaning of section 232 of the Communications Act 2003] or a technical service.
(2)In this Part “ancillary service” [F3(except in the expression “relevant ancillary service”)] means any service which is provided by the holder of a digital sound programme licence or by an independent national broadcaster and consists in the provision of any service (other than advertising) which—
(a)is ancillary to programmes included in a digital sound programme service or simulcast radio service provided by him and is directly related to their contents, or
(b)relates to the promotion or listing of such programmes.
(3)In this Part “technical service” means a service which—
(a)is provided for technical purposes connected with the encryption or decryption of one or more digital sound programme services or digital additional services [F4, television licensable content services] , and
(b)is of a description specified in an order made by the Secretary of State.
[F5(3A)In this section “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003.]
(4)An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1S. 63(1)(a)(aa) substituted for s. 63(1)(a) (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 63(1)(b) substituted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(a)
F3Words in s. 63(2) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(b)
F4Words in s. 63(3)(a) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(c)
F5S. 63(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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