Broadcasting Act 1990

185 Contributions towards maintenance of national television archive. U.K.

(1) [F1 OFCOM] shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 [F2 , Channel 4 ] and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.

(2) In this section “the nominated body” means such body as may for the time being be nominated by [F1 OFCOM] for the purposes of this section, being a body which—

(a) is for the time being a designated body for the purposes of section 75 of the M1 Copyright, Designs and Patents Act 1988 (recordings for archival purposes), and

(b) appears to [F1 OFCOM] to be in a position to maintain a national television archive.

(3) A Channel 3 [F3 , Channel 4 ] or Channel 5 licence shall include conditions requiring the licence holder to pay to [F1 OFCOM] , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).

(4) Any amount received by [F1 OFCOM] by virtue of subsection (3) shall be transmitted by them to the nominated body.

(5) In this section—

• F4 ...

• “Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.

• [F5 “Channel 4 licence” means—

  (a)

  the licence referred to in section 231(1)(b) of the Communications Act 2003; and

  (b)

  a licence renewing that licence on the first or any subsequent occasion.]

Textual Amendments

F1 Words in s. 185 substituted (with effect in accordance with Sch. 15 para. 64(2) of the amending Act) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 185(1) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 185(3) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 185(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 185(5) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C1 S. 185: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 8 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Marginal Citations

M1 1988 c. 48.