The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Broadcasting from outside the United Kingdom

8.—(1) No person may, with intent to influence persons to give or refrain from giving their votes in the referendum, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the referendum in any programme service (within the meaning of the Broadcasting Act 1990(1)) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

(c) the holder of any licence granted by the Office of Communications,

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this paragraph is an illegal practice, but the court before whom a person is convicted of an offence under this paragraph may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 25.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this paragraph, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is to be deemed guilty of the illegal practice, unless that person proves—

(a) that the act or omission took place without that person’s consent or connivance; and

(b) that the person exercised all such diligence to prevent the commission of the illegal practice as the person ought to have exercised having regard to the nature of that person’s functions in that capacity and to all the circumstances.

(1)

1990 c. 42. See section 201 of the Broadcasting Act 1990 for the meaning of programme service. Section 201 has been amended by the Communications Act 2003 (c. 21), section 360(1)(a) and (b) and (2) and Schedule 19(1).