Broadcasting Act 1996

57 Attribution of multiplex revenue to licence holder and others. U.K.

(1) For the purposes of section [F1 59(2A) and (2B)] , the share of multiplex revenue attributable to [F2 the person who is the multiplex provider in relation to a national radio multiplex service] in respect of any accounting period of his shall be—

(a) the aggregate of—

(i) payments falling within paragraph (a) or (b) of section 56(1), and

(ii) payments received or to be received by him from programme providers and additional services providers in respect of the provision of radio multiplex services in that period,

less

(b) the amount of any payments made or to be made to programme providers or additional service providers which would fall within paragraph (c) or (d) of section 56(1) but for the fact that they are received from [F3 the person who is the multiplex provider in relation to a national radio multiplex service] .

(2) For the purposes of [F4 sections 62(2A) to (5) and 66(2A) to (5)] , the share of multiplex revenue attributable to a programme provider or additional services provider in relation to a national radio multiplex service in respect of any accounting period of [F5 the multiplex provider] shall be—

(a) the aggregate of—

(i) payments falling within paragraph (c) or (d) of section 56(1), and

(ii) payments received or to be received from [F5 the multiplex provider] which would fall within one of those paragraphs but for the fact that they are received from [F5 the multiplex provider] ,

less

(b) the amount of any payments made or to be made to [F5 the multiplex provider] in respect of the provision of radio multiplex services in that period.

(3) In a case falling within subsection (7) or (8) of section 56, [F6 OFCOM] may treat the share of multiplex revenue attributable to any person for the accounting period of [F7 the multiplex provider] as increased by such amount as they consider appropriate to take account of the circumstances mentioned in that subsection.

(4) In this section “additional services provider” [F8 , multiplex provider] and “programme provider”, in relation to [F9 a national radio multiplex service] , have the same meaning as in section 56.

Textual Amendments

F1 Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 18(1)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 57(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 18(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 57(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 Words in s. 57(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(4)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7 Words in s. 57(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(4)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8 Words in s. 57(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(5)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F9 Words in s. 57(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(5)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)