Broadcasting Act 1996

[F1 98 Categories of service. U.K.

(1) For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows—

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

(b) all other television programme services and EEA satellite services.

(2) In 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.

(3) There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a [F2 licence for the purposes of section 363 of the Communications Act 2003] .

(4) The 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) [F3 OFCOM] shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.

[F4 (5A) The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).

(5B) An 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) Regulations under subsection (5A) may make transitional, transitory or saving provision.

(5D) A 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.]

(6) In this section “EEA satellite service” means any service which—

(a) consists in the [F5 broadcasting of television programmes from a satellite so as to be available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003)] , and

(b) is provided by a person who for the purposes of [F6 the Audiovisual Media Services Directive] is under the jurisdiction of an EEA State other than the United Kingdom.]

Textual Amendments

F1 S. 98 substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 1 (with reg. 4(2))

F2 Words 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)

F3 Words 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)

F4 S. 98(5A)-(5D) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 97, 118(2)

F5 Words in s. 98(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 Words in s. 98(6)(b) substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(4)