Broadcasting Act 1996

Changes over time for: Section 105

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Changes to legislation:

Broadcasting Act 1996, Section 105 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 105:

s. 97(1)-(2A) substituted for s. 97(1)(2) by 2003 c. 21 s. 299(1) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
s. 97(5A)(5B) inserted by 2003 c. 21 s. 299(4) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
s. 101(1)-(1D) substituted for s. 101(1) by 2003 c. 21 s. 300(2) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 97(1)-(2A) substituted for s. 97(1)(2) by 2003 c. 21 s. 299(1) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
s. 97(5A)(5B) inserted by 2003 c. 21 s. 299(4) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)
s. 101(1)-(1D) substituted for s. 101(1) by 2003 c. 21 s. 300(2) (Ss. 299(1)(3)(4), 300 were due to be commenced on 30.6.2004 by S.I. 2003/3142, art. 4(3), but that commencing provision was omitted (8.6.2004) by virtue of S.I. 2004/1492, art. 2)

105 Interpretation of Part IV and supplementary provisions.U.K.

(1)In this Part (unless the context otherwise requires)—

[F1[F2“ adequate alternative coverage” and “live” ” are to be construed in accordance with any regulations under section 104ZA;]]

[F1“adequate alternative coverage”, “adequate live coverage” and “live coverage” are to be construed in accordance with regulations under section 104ZA (subject to section 104ZA(2));]

[F3“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services [F4as it has effect in EU law from time to time];]

[F5“Channel 3 service” means a regional or national Channel 3 service;]

“Channel 4” [F6has] [F6and “Channel 5” have] the same meaning as in Part I of the 1990 Act;

F7...

[F8“designated event”—

(a)in relation to an EEA State, has the meaning given by section 101A(1), and

(b)in relation to a qualifying CTT State, has the meaning given by section 101A(2);]

[F5“designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA (1) of that Act);]

[F9“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;]

[F10“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;]

[F5“internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA (10) of that Act);]

“listed event” has the meaning given by section 97(1);

F7...

[F11“national Channel 3 service” and “regional Channel 3 service” have the same meaning as in Part I of the 1990 Act;]

[F5“on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in the Communications Act 2003 (see sections 368A and 368AA (1) of that Act);]

[F12“qualifying CTT State” has the meaning given by section 101A(3);]

[F5“relevant service” has the meaning given by section 98(7);]

F13...

[F5“S4C Digital” has the same meaning as in Part 1 of the 1990 Act (see section 71(1) of that Act);]

[F11“television broadcasting service” has the same meaning as in Part I of the 1990 Act;]

“television programme provider” [F14has the meaning given by section 99(2)] [F14means the BBC, S4C or any person who is the holder of any licence under Part 1 of the 1990 Act or a digital programme licence under Part 1 of this Act];

“television programme service” has the same meaning as in Part I of the 1990 Act.

[F15(1A)The services that are to be taken for the purposes of this Part to be available to members of the public include any service which—

(a)is available for reception by members of the public (within the meaning of section 361 of the Communications Act 2003), or

(b)is available for use by members of the public (within the meaning of section 368R(4) of the Communications Act 2003).

(1B)In this Part—

(a)a reference to the provision of a television programme service is to be read in accordance with section 362(2) and (3) of the Communications Act 2003;

(b)a reference to the provision of an on-demand programme service or a non-UK on-demand programme service is to be read in accordance with section 368R(5) and (6) of the Communications Act 2003.

(1C)In this Part, the person, and the only person, who is to be treated for the purposes of this Part as providing a relevant service of the kind described in section 98(7)(d) is the person who has such control of the service as is described in section 98(7)(d)(iii).

(1D)For the purposes of this Part as it relates to relevant services of the kind described in section 98(7)(d)—

(a)the provision of a service by the BBC does not include its provision by a BBC company;

(b)the provision of a service by S4C does not include its provision by an S4C company;

and, accordingly, control that is capable of being exercised by the BBC or S4C over decisions by a BBC company or an S4C company about what is to be included in a service is to be disregarded for the purposes of determining who has such control of the service as is described in section 98(7)(d)(iii).]

(2)Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.

Textual Amendments

F1Words in s. 105(1) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 19(2) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F2Words in s. 105(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 302(2), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3Words in s. 105(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 3(d)

F4Words in s. 105(1) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(h), Sch. 12 para. 2; S.I. 2024/858, reg. 2(1)(z6)

F5Words in s. 105(1) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 19(6) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F6Words in s. 105(1) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 19(3) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F7Words in s. 105(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 131, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8Words in s. 105(1) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 17(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in s. 105(1) inserted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(8)(b)

F10Words in s. 105(1) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 17(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)