Broadcasting Act 1996

Part I U.K. Multiplex revenue for purposes of Part I of this Act

Computation of multiplex revenue U.K.

1 (1) It shall be the duty of [F1 OFCOM] to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining— U.K.

(a) the multiplex revenue in relation to a licence holder for the purposes of section 14 for any accounting period, and

(b) the share of multiplex revenue attributable to a person in relation to any multiplex service for the purposes of any provision of Part I of this Act—

(i) for any accounting period of the holder of the multiplex licence, or

(ii) for any year.

(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.

(3) Before drawing up or revising a statement under this paragraph [F1 OFCOM] shall consult the Secretary of State and the Treasury.

(4) [F1 OFCOM] shall—

(a) publish the statement drawn up under this paragraph and every revision of that statement; and

(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;

and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.

Textual Amendments

F1 Words in Sch. 1 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disputes U.K.

2 (1) For the purposes of any provision of Part I of this Act— U.K.

(a) the amount of the multiplex revenue in relation to any holder of a multiplex licence for any accounting period of his, or (as the case may be) for any year, or

(b) the amount of any payment to be made to [F1 OFCOM] by any person in respect of any such revenue, or of an instalment of any such payment,

shall, in the event of a disagreement between [F1 OFCOM] and that person, be the amount determined by [F1 OFCOM] .

(2) For the purposes of any provision of Part I of this Act the share of multiplex revenue attributable to any person in relation to a multiplex service for any accounting period or (as the case may be) for any year shall, in the event of a disagreement between [F1 OFCOM] and that person, be the amount determined by [F1 OFCOM] .

(3) No determination of [F1 OFCOM] under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.

Textual Amendments

F1 Words in Sch. 1 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)