Broadcasting Act 1996

Changes over time for: Section 98

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Changes to legislation:

Broadcasting Act 1996, Section 98 is up to date with all changes known to be in force on or before 15 January 2025. 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 98:

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)

[F198 Categories of service.U.K.

(1)[F2For the purposes of this Part, television programme services F3... shall be divided into two categories as follows—

(a)those television programme services and F3... which for the time being satisfy the qualifying conditions, and

(b)all other television programme services F3....]

[F2For the purposes of this Part, relevant services are divided into two categories as follows—

(a)those relevant services which for the time being fall within subsection (1A) or (2A), and

(b)all other relevant services.

(1A)A television programme service falls within this subsection if it is—

(a)a service provided by the BBC or a BBC company otherwise than with a view to generating a profit,

(b)a Channel 3 service, Channel 4 or Channel 5,

(c)S4C Digital, or

(d)a service, other than a Channel 3 service, Channel 4, Channel 5 or S4C Digital, which is provided by the provider of one of those services or by a Channel 4 company, S4C company or body corporate controlled by the provider of a Channel 3 service or Channel 5,

and it satisfies the conditions in subsection (2).]

(2)[F2In this section “the qualifying conditions”, in relation to a service, means the conditions—

(a)that the service is provided without any consideration being required for reception of the service, and

(b)that the service is received by at least 95 per cent. of the population of the United Kingdom.]

[F2The conditions in this subsection are—

(a)that the television programme service may be received free of charge;

(b)that, in the case of a service described in subsection (1A)(d), the provider’s latest statement of programme policy under—

(i)section 266 or 267 of the Communications Act 2003, or

(ii)paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

(2A)A relevant service falls within this subsection if—

(a)it is or forms part of a designated internet programme service,

(b)where it is a service that forms part of a designated internet programme service, it satisfies the conditions in subsection (2B), and

(c)it and the programmes included in it may be accessed free of charge.

(2B)The conditions are—

(a)that the relevant service is provided by—

(i)the BBC or a person associated with the BBC otherwise than with a view to generating a profit,

(ii)the provider of a Channel 3 service, Channel 4 or Channel 5,

(iii)S4C, or

(iv)a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);

(b)that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;

(c)that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under—

(i)section 266 or 267 of the Communications Act 2003, or

(ii)paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

(2C)Where a relevant service would satisfy the conditions in subsection (2A) but for access to some of the programmes included in the service not being free of charge—

(a)so much of the service as includes programmes that may be accessed free of charge, and

(b)the remainder of the service,

are to be regarded as separate relevant services for the purposes of this Part.

(2D)Section 362AZ12 (6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2B) as it applies for the purposes of Part 3A of that Act.]

(3)There shall be disregarded for the purposes of subsection (2)(a) [F4, (2A) or (2C)] any fee payable in respect of a [F5licence for the purposes of section 363 of the Communications Act 2003].

(4)[F6The condition in subsection (2)(b)

(a)is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

(b)is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.]

(5)[F7OFCOM] shall from time to time publish a list of the [F8television programme services F9... which appear to them to satisfy the qualifying conditions] [F8relevant services which appear to them to fall within subsection (1A) or (2A)].

[F10(5A)[F11The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).]

(5B)[F11An amendment made by regulations under this section does not affect—

(a)the validity of any contract entered into before the regulations came into force, or

(b)the exercise of any rights acquired under such a contract.]

(5C)[F11Regulations under subsection (5A) may make transitional, transitory or saving provision.]

(5D)[F11A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]]

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(7)In this Part, “relevant service” means—

(a)a television programme service;

(b)an on-demand programme service;

(c)a non-UK on-demand programme service;

(d)a service, or a dissociable section of a service, which has the following characteristics—

(i)its principal purpose is the provision of programmes;

(ii)the programmes it provides are accessed by means of the internet;

(iii)there is a person who has general control over what programmes are included in the service or the dissociable section of the service (see subsection (8));

(iv)it is made available by that person for use by members of the public;

(v)the members of the public who use the service, or the dissociable section of the service, are or include members of the public in the United Kingdom;

(vi)it is not a television programme service, on-demand programme service or non-UK on-demand programme service;

(vii)it is not a service of the kind described in section 362AA (10)(c) of the Communications Act 2003 (internet programme services which provide programmes by means of an on-demand programme service or non-UK on-demand programme service and at least one other service).

(8)The person by reference to whom the requirement in subsection (7)(d)(iii) is satisfied need not have control of the contents of individual programmes or of the distribution of the service.

(9)In this section, “programme” means such programme as is described in section 368ZA of the Communications Act 2003.]]

Textual Amendments

F1S. 98 substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 1 (with reg. 4(2))

F2S. 98(1)-(2D) substituted for s. 98(1)(2) (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 20(2), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F3Words in s. 98(1) omitted (31.12.2020) by virtue of The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 9(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in s. 98(3) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 20(3), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F5Words in s. 98(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6S. 98(4) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 13(2) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F7Words in s. 98(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8Words in s. 98(5) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 13(3) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F9Words in s. 98(5) omitted (31.12.2020) by virtue of The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 9(3) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F10S. 98(5A)-(5D) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 97, 118(2)