Broadcasting Act 1996

1. Introductory Text

2. Part I Digital terrestrial television broadcasting

   1. Introductory

      1. 1. Multiplex services and digital programme services.

      2. 2. Meaning of “independent analogue broadcaster” and “qualifying service”.

   2. General provisions about licences

      1. 3. Licences under Part I.

      2. 4. General licence conditions.

      3. 5. Restrictions on holding of licences under Part I.

   3. Multiplex services

      1. 6. Assignment of frequencies by Secretary of State.

      2. 7. Multiplex licences.

      3. 8. Award of multiplex licences.

      4. 9. Power to require two or more multiplex licences to be granted to one person.

      5. 10. Award of multiplex licence subject to conditions.

      6. 11. Failure to begin providing licensed service and financial penalties on revocation of licence.

      7. 12. Conditions attached to multiplex licence.

      8. 13. Additional payments to be made in respect of multiplex licences.

      9. 14. Multiplex revenue.

      10. 15. Attribution of multiplex revenue to licence holder and others.

      11. 16. Duration and renewal of multiplex licences.

      12. 17. Enforcement of multiplex licences.

   4. Digital programme services

      1. 18. Licensing of digital programme services.

      2. 19. Duration and conditions of digital programme licence.

      3. 20. Code relating to provision for deaf and visually impaired.

      4. 21. Powers of Secretary of State in relation to code under section 20.

      5. 22. Compliance with code under section 20.

      6. 23. Enforcement of digital programme licences.

   5. Digital additional services provided on television broadcasting frequencies

      1. 24. Digital additional services.

      2. 25. Licensing of digital additional services.

      3. 26. Duration and conditions of digital additional services licence.

      4. 27. Enforcement of digital additional services licences.

   6. Digital broadcasting of services provided by independent analogue broadcasters

      1. 28. Provision for broadcasting of services provided by independent analogue broadcasters.

      2. 29. The S4C digital service.

      3. 30. The qualifying teletext service.

      4. 31. Advertisements included in qualifying services.

   7. Miscellaneous and supplemental

      1. 32. Digital broadcasting of Gaelic programmes.

      2. 33. Review of digital television broadcasting.

      3. 34. Promotion of equal opportunities and fair treatment.

      4. 35. Enforcement of licences held by BBC companies.

      5. 36. Power to vary amount of financial penalties.

      6. 37. Computation of multiplex revenue.

      7. 38. Certain receipts of Commission to be paid into Consolidated Fund.

      8. 39. Interpretation of Part I.

3. Part II Digital terrestrial sound broadcasting

   1. Introductory

      1. 40. Radio multiplex services.

      2. 41. Meaning of “independent national broadcaster” and “simulcast radio service”.

   2. General provisions about licences

      1. 42. Licences under Part II.

      2. 43. General licence conditions.

      3. 44. Restrictions on holding of licences under Part II.

   3. Radio multiplex services

      1. 45. Assignment of frequencies by Secretary of State.

      2. 46. National radio multiplex licences.

      3. 47. Award of national radio multiplex licences.

      4. 48. Reservation of capacity for independent national broadcasters.

      5. 49. Duty of Authority to reserve digital capacity for certain purposes of BBC.

      6. 50. Local radio multiplex licences.

      7. 51. Award of local radio multiplex licences.

      8. 52. Power to require two or more local radio multiplex licences to be granted to one person.

      9. 53. Failure to begin providing licensed service and financial penalties on revocation of licence.

      10. 54. Conditions attached to national or local radio multiplex licence.

      11. 55. Additional payments to be made in respect of national radio multiplex licences.

      12. 56. Multiplex revenue.

      13. 57. Attribution of multiplex revenue to licence holder and others.

      14. 58. Duration and renewal of national or local radio multiplex licences.

      15. 59. Enforcement of national or local radio multiplex licences.

   4. Digital sound programme services

      1. 60. Licensing of digital sound programme services.

      2. 61. Duration and conditions of digital sound programme licence.

      3. 62. Enforcement of digital sound programme licences.

   5. Digital additional services provided on sound broadcasting frequencies

      1. 63. Digital additional services.

      2. 64. Licensing of digital additional services.

      3. 65. Duration and conditions of digital additional services licence.

      4. 66. Enforcement of digital additional services licences.

   6. Miscellaneous and supplemental

      1. 67. Review of digital radio broadcasting.

      2. 68. Promotion of equal opportunities and fair treatment.

      3. 69. Power to vary amount of financial penalties.

      4. 70. Computation of multiplex revenue.

      5. 71. Certain receipts of Authority to be paid into Consolidated Fund.

      6. 72. Interpretation of Part II.

4. Part III Amendments of the Broadcasting Act 1990

   1. Restrictions on holding of licences

      1. 73. Restrictions on holding of licences.

   2. Regional Channel 3 services

      1. 74. Provision of news programmes by holders of regional Channel 3 licences.

      2. 75. Appointment of news provider by holders of regional Channel 3 licences.

      3. 76. Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990.

      4. 77. Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.

      5. 78. Variation of regional Channel 3 licence following change of control.

      6. 79. Powers of Commission in relation to modification or replacement of networking arrangements.

   3. Channel 4 and S4C

      1. 80. Funding of Sianel Pedwar Cymru.

      2. 81. Public service fund of Sianel Pedwar Cymru.

      3. 82. Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation.

      4. 83. Application of excess revenues of Channel Four Television Corporation.

      5. 84. Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru.

   4. Miscellaneous amendments relating to television broadcasting

      1. 85. Restricted television services.

      2. 86. Award of certain licences subject to conditions.

      3. 87. Ancillary services.

      4. 88. Enforcement of licences to provide non-domestic satellite services.

      5. 89. Power of Independent Television Commission to suspend licence to provide non-domestic satellite service.

      6. 90. Enforcement of licences to provide licensable programme services.

      7. 91. Certain delivery services to carry certain broadcasts.

   5. Sound broadcasting

      1. 92. Renewal of licences to provide national radio services.

      2. 93. Variation of local radio licence following change of control.

      3. 94. Renewal of licences to provide local radio services.

      4. 95. Financing of Gaelic sound programmes.

      5. 96. Power of Radio Authority to suspend licence to provide satellite service.

5. Part IV Sporting and other events of national interest

   1. 97. Listed events.

   2. 98. Categories of service.

   3. 99. Contract for exclusive right to televise listed event to be void.

   4. 100. Contract for televising listed event must specify category of service.

   5. 101. Restriction on televising of listed event.

   6. 101A. Designated events in relation to other EEA States.

   7. 101B. Restriction on televising of an event designated by other EEA State.

   8. 102. Power of OFCOM to impose penalty.

   9. 103. Report to Secretary of State.

   10. 104. Code of guidance.

   11. 104ZA. Regulations about coverage of listed events

   12. 104A. Provision of information.

   13. 105. Interpretation of Part IV and supplementary provisions.

6. Part V The Broadcasting Standards Commission

   1. Establishment of Broadcasting Standards Commission

      1. 106. The Broadcasting Standards Commission.

   2. Unjust or unfair treatment or unwarranted infringement of privacy

      1. 107. Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.

   3. Portrayal of violence or sexual conduct etc.

      1. 108. Preparation by BSC of code relating to broadcasting standards generally.

      2. 109. Monitoring by BSC of broadcasting standards.

   4. Complaints

      1. 110. General functions of OFCOM in relation to complaints.

      2. 111. Complaints of unfair treatment etc.

      3. 112. Committee to consider fairness complaints.

      4. 113. Complaints relating to taste and decency, etc.

      5. 114. Supplementary provisions as to making of complaints of either kind.

      6. 115. Consideration of fairness complaints.

      7. 116. Consideration of standards complaints.

      8. 117. Duty to retain recordings.

      9. 118. Power to pay allowances to persons attending hearings.

      10. 119. Publication of OFCOM’s findings.

      11. 120. Reports on action taken voluntarily in response to findings on complaints.

      12. 121. Certain statements etc. protected by qualified privilege for purposes of defamation.

   5. Miscellaneous and general

      1. 122. Power of BSC to commission research.

      2. 123. International representation by BSC of Government interests.

      3. 124. Duty to publicise BSC.

      4. 125. Annual reports.

      5. 126. Reports to Secretary of State.

      6. 127. Contributions towards cost of BSC.

      7. 128. Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies.

      8. 129. Transitional provisions relating to complaints.

      9. 130. Interpretation of Part V.

7. Part VI The British Broadcasting Corporation

   1. Transfer of property, rights and liabilities relating to BBC transmission network

      1. 131. Power of BBC to make transfer schemes relating to its transmission network.

      2. 132. Powers of Secretary of State in relation to transfer schemes.

      3. 133. Agreements with respect to transfer schemes.

      4. 134. Transfer schemes: successor companies.

      5. 135. Taxation provisions with respect to transfer schemes.

   2. Services provided by BBC companies

      1. 136. Services provided by BBC companies.

8. Part VII Copyright and related matters

   1. 137. Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme.

   2. 138. Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.

   3. 139. Copyright licensing.

   4. 140. Unauthorised decoders.

   5. 141. Apparatus, etc. for unauthorised reception of transmissions.

9. Part VIII Miscellaneous and general

   1. Standards for transmission systems

      1. 142. Standards for transmission systems.

   2. Disqualification on grounds relating to political objects

      1. 143. Duties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects.

   3. Provision of false information, etc.

      1. 144. Offence of providing false information in certain circumstances.

      2. 145. Disqualification for offence of supplying false information, etc.

      3. 146. Supplementary provisions as to disqualification orders.

   4. General

      1. 147. General interpretation.

      2. 148. Minor and consequential amendments, repeals and revocations.

      3. 149. Commencement and transitional provisions.

      4. 150. Short title and extent.

10. SCHEDULES

    1. SCHEDULE 1

       Multiplex revenue: supplementary provisions

       1. Part I Multiplex revenue for purposes of Part I of this Act

          1. Computation of multiplex revenue

             1. 1. (1) It shall be the duty of OFCOM to draw...

          2. Disputes

             1. 2. (1) For the purposes of any provision of Part I...

       2. Part II Multiplex revenue for purposes of Part II of this Act

          1. Computation of multiplex revenue

             1. 3. (1) It shall be the duty of OFCOM to draw...

          2. Disputes

             1. 4. (1) For the purposes of any provision of Part II...

    2. SCHEDULE 2

       Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences

       1. Part I Amendments of Part I of Schedule 2

          1. 1. (1) In Part I of Schedule 2, paragraph 1 (which...

          2. 2. (1) Paragraph 2 of Part I of Schedule 2 is...

          3. 3. For paragraph 3 of Part I of Schedule 2 there...

          4. 4. After paragraph 3 of Part I of Schedule 2 there...

          5. 5. In paragraph 4 of Part I of Schedule 2 (affirmative...

       2. Part II Amendments of Part II of Schedule 2

          1. 6. (1) In Part II of Schedule 2, paragraph 1 (general...

          2. 7. In paragraph 3 of Part II of Schedule 2 (disqualification...

          3. 8. In paragraph 5 of Part II of Schedule 2 (general...

          4. 9. After paragraph 5 of Part II of Schedule 2 there...

       3. Part III Provisions substituted for Part III of Schedule 2

          1. 10. For Part III of Schedule 2 there is substituted— Part...

       4. Part IV Provisions substituted for Part IV of Schedule 2

          1. 11. For Part IV of Schedule 2 there is substituted— Part...

       5. Part V Amendments of other provisions of 1990 Act

          1. 12. (1) Section 5 of the 1990 Act (restrictions on the...

          2. 13. (1) Section 88 of the 1990 Act (restrictions on the...

    3. SCHEDULE 3

       Broadcasting Standards Commission: supplementary provisions

       1. Interpretation

          1. 1. Broadcasting Standards Commission: supplementary provisions

       2. Status and capacity

          1. 2. Broadcasting Standards Commission: supplementary provisions

       3. Appointment of members

          1. 3. Broadcasting Standards Commission: supplementary provisions

       4. Tenure of office

          1. 4. Broadcasting Standards Commission: supplementary provisions

       5. Remuneration and pensions of members

          1. 5. Broadcasting Standards Commission: supplementary provisions

       6. Disqualification of members of BSC for House of Commons and Northern Ireland Assembly

          1. 6. Broadcasting Standards Commission: supplementary provisions

       7. Proceedings

          1. 7. Broadcasting Standards Commission: supplementary provisions

          2. 8. Broadcasting Standards Commission: supplementary provisions

          3. 9. Broadcasting Standards Commission: supplementary provisions

       8. Employees of the BSC

          1. 10. Broadcasting Standards Commission: supplementary provisions

       9. Financial provisions

          1. 11. Broadcasting Standards Commission: supplementary provisions

       10. Authentication of seal of BSC

           1. 12. Broadcasting Standards Commission: supplementary provisions

       11. Presumption of authenticity of documents issued by BSC

           1. 13. Broadcasting Standards Commission: supplementary provisions

       12. Accounts and audit

           1. 14. Broadcasting Standards Commission: supplementary provisions

    4. SCHEDULE 4

       Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

       1. Meaning of “the existing boards”

          1. 1. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

       2. Provisions as to vesting of property et ceteralaetc. of existing boards

          1. 2. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

          2. 3. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

       3. Pensions

          1. 4. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

       4. Final accounts and annual report of existing bodies

          1. 5. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

          2. 6. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

          3. 7. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

       5. Final contributions towards cost of Broadcasting Complaints Commission

          1. 8. Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

    5. SCHEDULE 5

       Transfer schemes relating to BBC transmission network: supplementary provisions

       1. Contents and effect of scheme

          1. 1. (1) A transfer scheme may define the property, rights and...

       2. Division of BBC’s undertaking by scheme

          1. 2. (1) For the purposes of making any such division as...

       3. Property to which a scheme may relate

          1. 3. (1) The property, rights and liabilities that shall be capable...

       4. Supplemental provisions of schemes

          1. 4. (1) A transfer scheme may contain supplemental, incidental, consequential and...

       5. Certificate of Secretary of State as to vesting of property etc.

          1. 5. A certificate issued by the Secretary of State to the...

       6. Duties in relation to foreign property etc.

          1. 6. (1) It shall be the duty of the BBC and...

       7. Modification of scheme by agreement

          1. 7. (1) This paragraph applies where any person to whom anything...

       8. Compensation

          1. 8. (1) Where, in consequence of any provisions included in a...

       9. Notice to persons affected by scheme

          1. 9. (1) It shall be the duty of the BBC, where...

       10. Consideration for transfer etc.

           1. 10. (1) A transfer in accordance with a transfer scheme may...

    6. SCHEDULE 6

       Transfer schemes relating to BBC transmission network: successor companies

       1. Interpretation

          1. 1. (1) In this Schedule— “the Charter” means the Royal Charter...

       2. Statutory accounts

          1. 2. (1) The following provisions of this paragraph shall have effect...

       3. Distributable reserves

          1. 3. (1) Where statutory accounts of a successor company prepared as...

       4. Dividends

          1. 4. (1) Where a distribution is proposed to be declared during...

       5. Application of the Trustee Investments Act 1961

          1. 5. (1) For the purpose of applying paragraph 3(b) of Part...

    7. SCHEDULE 7

       Transfer schemes relating to BBC transmission network: taxation provisions

       1. Interpretation

          1. 1. (1) In this Schedule, unless the context otherwise requires— ....

       2. Chargeable gains: preparatory transfers etc to be without gain or loss

          1. 2. (1) For the purposes of corporation tax on chargeable gains,...

       3. Chargeable gains: amendment of section 35(3)(d) of the Gains Act

          1. 3. In section 35(3)(d) of the Gains Act (list of provisions...

       4. Chargeable gains: section 41 of the Gains Act

          1. 4. Subsection (1) of section 174 of the Gains Act (which...

       5. Chargeable gains: assets held before 6th April 1965

          1. 5. Schedule 2 to the Gains Act (assets held on 6th...

       6. Chargeable gains: sale of successor company : group transactions

          1. 6. (1) For the purposes of section 179 of the Gains...

       7. Chargeable gains: sale or exchange of shares or securities of successor company

          1. 7. (1) Where a company issues shares or debentures to the...

       8. No chargeable gain or allowable loss to arise on any disposal constituted by a direct disposal transfer

          1. 8. (1) For the purposes of corporation tax on chargeable gains,...

       9. Chargeable gains: value shifting

          1. 9. (1) Nothing in Part VI of this Act, and no...

       10. Chargeable gains: receipt of compensation or insurance money

           1. 10. (1) Subsection (4) of section 23 of the Gains Act...

       11. Loan relationships: disposal of securities by BBC

           1. 11. (1) This paragraph applies in any case where—

       12. Transfer of trade: loss relief and capital allowances

           1. 12. (1) This paragraph applies in any case where, as a...

       13. Capital allowances: industrial buildings . . .

           1. 13. (1) This paragraph applies in any case where there is...

       14. Capital allowances: plant and machinery

           1. 14. (1) For the purposes of Part 2 of the Capital...

       15. Capital allowances: leased fixtures

           1. 15. (1) This paragraph applies to any lease which is granted...

       16. Capital allowances: connected persons

           1. 16. In Part 2 of the Capital Allowances Act (plant and...

       17. Capital allowances: agricultural buildings allowances

           1. 17. (1) This paragraph applies where there is a relevant transfer...

       18. Corporation tax: BBC and successor company to be treated as one for certain purposes

           1. 18. (1) If any property, rights or liabilities are transferred to...

       19. Corporation tax: no profit or loss under Case I of Schedule D by reason of a direct disposal transfer

           1. 19. In determining for the purposes of Case I of Schedule...

       20. Corporation tax: group relief

           1. 20. (1) None of the following, namely— (a) the existence of...

       21. Corporation tax: leases at an undervalue

           1. 21. (1) Section 35 of the Taxes Act 1988 (charge on...

       22. Corporation tax: sale and lease-back

           1. 22. (1) Section 779 of the Taxes Act 1988 (sale and...

       23. Corporation tax: sale of lease of land

           1. 23. (1) Section 780 of the Taxes Act 1988 (sale and...

       24. Corporation tax: leased assets

           1. 24. (1) For the purposes of section 781 of the Taxes...

       25. Stamp duty and stamp duty land tax

           1. 25. (1) Stamp duty shall not be chargeable on any agreement...

       26. Stamp duty reserve tax

           1. 26. (1) An agreement to transfer chargeable securities, as defined in...

       27. Modifications of transfer schemes

           1. 27. (1) If the effect of any transfer scheme is modified...

       28. Orders

           1. 28. (1) The Secretary of State shall not make an order...

    8. SCHEDULE 8

       Amendments of Broadcasting Act 1990 relating to services provided by BBC companies

       1. Television services

          1. 1. In section 3 of the 1990 Act (licences under Part...

          2. 2. (1) Section 5 of that Act (restrictions on the holding...

          3. 3. After section 66 of that Act there is inserted— Enforcement...

          4. 4. In section 81 of that Act (enforcement of local delivery...

       2. Radio services

          1. 5. In section 86 of that Act (licences under Part III)...

          2. 6. (1) Section 88 of that Act (restrictions on the holding...

          3. 7. After section 111 of that Act there is inserted— Enforcement...

       3. Meaning of “BBC company” for purposes of Broadcasting Act 1990

          1. 8. In section 202 of that Act (interpretation), after the definition...

    9. SCHEDULE 9

       Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services

       1. 1. For section 73 of the Copyright, Designs and Patents Act...

       2. 2. (1) Section 134 of that Act (licences in respect of...

       3. 3. In section 149 of that Act (jurisdiction of Copyright Tribunal),...

       4. 4. In section 205B of that Act (jurisdiction of Copyright Tribunal...

       5. 5. For paragraph 19 of Schedule 2 to that Act there...

       6. 6. After paragraph 19 of Schedule 2 to that Act there...

    10. SCHEDULE 10

        Minor and consequential amendments

        1. Part I Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting

           1. 1. (1) Section 2 of the 1990 Act (regulation by Commission...

           2. 2. In section 13 of the 1990 Act (prohibition on providing...

           3. 3. In section 69 of the 1990 Act (frequency planning and...

           4. 4. In section 72 of the 1990 Act (local delivery services),...

           5. 5. In section 84 of the 1990 Act (regulation by Authority...

           6. 6. In section 85 of the 1990 Act (licensing functions of...

           7. 7. In section 97 of the 1990 Act (prohibition on providing...

           8. 8. In section 112 of the 1990 Act (licensable sound programme...

           9. 9. In section 126 of the 1990 Act (interpretation of Part...

           10. 10. In section 176 of the 1990 Act (duty to provide...

           11. 11. In section 201 of the 1990 Act (meaning of “programme...

        2. Part II Other amendments of Broadcasting Act 1990

           1. 12. In section 2 of the 1990 Act (regulation by Commission...

           2. 13. In section 6 of the 1990 Act (general requirements as...

           3. 14. In section 33 of the 1990 Act (conditions requiring holder...

           4. 15. (1) Section 43 of the 1990 Act (domestic and non-domestic...

           5. 16. In section 46 of the 1990 Act (licensable programme services),...

           6. 17. In section 71 of the 1990 Act (interpretation of Part...

           7. 18. In section 72 of the 1990 Act (local delivery services),...

           8. 19. (1) Section 84 of the 1990 Act (regulation by Radio...

           9. 20. In section 188 of the 1990 Act (power to give...

           10. 21. In section 202(1) of the 1990 Act (interpretation)—

           11. 22. In paragraph 2(1) of Schedule 1 to the 1990 Act...

           12. 23. In paragraph 2(1) of Schedule 3 to the 1990 Act...

           13. 24. In paragraph 2(1) of Schedule 6 to the 1990 Act...

           14. 25. In paragraph 2(1) of Schedule 8 to the 1990 Act...

           15. 26. In Schedule 19 to the 1990 Act (the Gaelic Broadcasting...

        3. Part III Amendments of other enactments

           1. The Welsh Development Agency Act 1975 (c. 70)

              1. 27. In section 19 of the Welsh Development Agency Act 1975...

           2. The Representation of the People Act 1983 (c. 2)

              1. 28. In section 75 of the Representation of the People Act...

              2. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

              3. 30. Without prejudice to the generality of section 20(2) of the...

           3. The Copyright, Designs and Patents Act 1988 (c. 48)

              1. 31. In section 69 of the Copyright, Designs and Patents Act...

              2. 32. In Schedule 2 to the Copyright, Designs and Patents Act...

    11. SCHEDULE 11

        Repeals and revocations

        1. Part I Enactments repealed

        2. Part II Subordinate legislation revoked