Media Act 2024

Yn ddilys o 23/08/2024

Section 27

Schedule 2 U.K. Part 1: further amendments

Broadcasting Act 1990 U.K.

1 The Broadcasting Act 1990 is amended as follows.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 55(3)(a)

2 In section 24 (Channel 4 to be provided by Corporation as licensed service), in subsection (3), for “England, Scotland and Northern Ireland” substitute “the United Kingdom”.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 55(3)(a)

3 In section 49 (licensing of additional services), omit subsection (1A).

Commencement Information

I3 Sch. 2 para. 3 not in force at Royal Assent, see s. 55(3)(a)

4 In section 66 (requirements relating to transmission and distribution of services), in subsection (6)(b), for “England, Scotland and Northern Ireland” substitute “the United Kingdom”.

Commencement Information

I4 Sch. 2 para. 4 not in force at Royal Assent, see s. 55(3)(a)

5 In Schedule 2 (restrictions on the holding of licences), in Part 2 (disqualification for holding licences), in paragraph 2 (disqualification of religious bodies)—

(a) omit sub-paragraph (1A)(d);

(b) in sub-paragraph (1B), omit the definition of “public teletext licence”.

Commencement Information

I5 Sch. 2 para. 5 not in force at Royal Assent, see s. 55(3)(a)

Broadcasting Act 1996 U.K.

6 The Broadcasting Act 1996 is amended as follows.

Commencement Information

I6 Sch. 2 para. 6 not in force at Royal Assent, see s. 55(3)(a)

7 In section 2 (meaning of “qualifying service”), in subsection (2), omit paragraph (f) (meaning of “the digital public teletext provider”).

Commencement Information

I7 Sch. 2 para. 7 not in force at Royal Assent, see s. 55(3)(a)

8 In section 12 (conditions attached to multiplex licence), omit subsection (4)(a).

Commencement Information

I8 Sch. 2 para. 8 not in force at Royal Assent, see s. 55(3)(a)

9 (1) Section 24 (digital additional service) is amended as follows.

(2) In subsection (1)(c), omit “the digital public teletext service,”.

(3) In subsection (3A), in the definition of “relevant public service broadcaster”, omit paragraph (f).

Commencement Information

I9 Sch. 2 para. 9 not in force at Royal Assent, see s. 55(3)(a)

10 In section 33 (review of digital television broadcasting), in subsection (1)(a)(ii), omit “the digital public teletext service,”.

Commencement Information

I10 Sch. 2 para. 10 not in force at Royal Assent, see s. 55(3)(a)

11 In section 39 (interpretation of Part 1), in subsection (1), omit the definitions of—

(a) “digital public teletext service”;

(b) “public teletext provider”.

Commencement Information

I11 Sch. 2 para. 11 not in force at Royal Assent, see s. 55(3)(a)

12 (1) Section 97 (listed events) is amended as follows.

(2) In subsection (2)(d) (as substituted by section 299(1) of the Communications Act 2003), for “televise” substitute “show”.

(3) In subsection (3)—

(a) omit the “and” following paragraph (a);

(b) after paragraph (b) insert “, and

(c) such other persons as the Secretary of State considers appropriate.”

Commencement Information

I12 Sch. 2 para. 12 not in force at Royal Assent, see s. 55(3)(a)

13 (1) Section 98 (categories of service) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5), for the words from “television” to the end substitute “relevant services which appear to them to fall within subsection (1A) or (2A).”

(4) Omit subsections (5A) to (5D).

Commencement Information

I13 Sch. 2 para. 13 not in force at Royal Assent, see s. 55(3)(a)

14 (1) Section 99 (contract for exclusive right to televise listed event to be void) is amended as follows.

(2) In the heading, for “right to televise” substitute “coverage of”.

(3) Omit subsection (2).

(4) Omit subsection (4).

Commencement Information

I14 Sch. 2 para. 14 not in force at Royal Assent, see s. 55(3)(a)

15 In section 100 (contract for televising listed event must specify category of service), in the heading, for “televising” substitute “showing coverage of”.

Commencement Information

I15 Sch. 2 para. 15 not in force at Royal Assent, see s. 55(3)(a)

16 (1) Section 102 (power of OFCOM to impose penalty) is amended as follows.

(2) Before subsection (1) insert—

“(A1) If OFCOM—

(a) are satisfied that a person other than the BBC or S4C who is the provider of a relevant service has failed to comply with section 101(1), and

(b) are not satisfied that in all the circumstances it would be unreasonable to have expected the person to have complied with that provision,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

(B1) If OFCOM are satisfied that, in connection with an application for consent for the purposes of section 101(5), a person other than the BBC or S4C who is the provider of a relevant service has—

(a) provided them with information which was false in a material particular, or

(b) withheld any material information with the intention of causing OFCOM to be misled,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.”

(3) In subsection (1)(a), omit “subsection (1) of section 101 or”.

(4) in subsection (2), for “under subsection (1) of section 101 or” substitute “for the purposes of”.

(5) In subsection (3), after “subsection” insert “(A1), (B1),”.

(6) In subsection (4)(a), after “means” insert “—

(i) in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and

(ii) in relation to a financial penalty imposed under subsection (1) or (2),”.

(7) In subsection (6), after “subsection” insert “(A1), (B1),”.

(8) In subsection (7), after “subsection” insert “(A1), (B1),”.

Commencement Information

I16 Sch. 2 para. 16 not in force at Royal Assent, see s. 55(3)(a)

17 In section 103 (report to Secretary of State about BBC or S4C), in subsection (2), for “under subsection (1) of section 101” substitute “for the purposes of section 101(5)”.

Commencement Information

I17 Sch. 2 para. 17 not in force at Royal Assent, see s. 55(3)(a)

18 (1) Section 104 (code of guidance) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “section 101(1B)” substitute “section 101(5)”;

(b) in paragraph (b)—

(i) for “section 102(1)” substitute “section 102(A1) or (1)”;

(ii) for “television programme provider” substitute “person”.

(3) In subsection (4)—

(a) in paragraph (c), for “televise” substitute “show”;

(b) for paragraph (d) substitute—

“(d) such other persons as OFCOM consider appropriate.”

Commencement Information

I18 Sch. 2 para. 18 not in force at Royal Assent, see s. 55(3)(a)

19 (1) In section 105 (interpretation of Part 4), subsection (1) is amended as follows.

(2) For the definition of “adequate alternative coverage” and “live”, substitute—

• ““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));”.

(3) In the definition of “Channel 4”, for “has” substitute “and “Channel 5” have”.

(4) In the definition of “television programme provider”, for “has the meaning given by section 99(2)” substitute “means 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”.

(5) Omit the definitions of “national Channel 3 service”, “regional Channel 3 service” and “television broadcasting service”.

(6) At the appropriate place insert—

• ““Channel 3 service” means a regional or national Channel 3 service;”;

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

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

• ““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);”;

• ““relevant service” has the meaning given by section 98(7);”;

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

(7) After subsection (1) insert—

“(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).”

Commencement Information

I19 Sch. 2 para. 19 not in force at Royal Assent, see s. 55(3)(a)

20 In section 130 (interpretation of Part 5), in subsection (1), in the definition of “licensed service”, omit paragraph (aa).

Commencement Information

I20 Sch. 2 para. 20 not in force at Royal Assent, see s. 55(3)(a)

Tobacco Advertising and Promotion Act 2002 U.K.

21 In section 12 of the Tobacco Advertising and Promotion Act 2002 (television and radio broadcasting), in subsection (3), omit paragraph (b) and the “and” before it.

Commencement Information

I21 Sch. 2 para. 21 not in force at Royal Assent, see s. 55(3)(a)

Communications Act 2003 U.K.

22 The Communications Act 2003 is amended as follows.

Commencement Information

I22 Sch. 2 para. 22 not in force at Royal Assent, see s. 55(3)(a)

23 In section 3 (general duties of OFCOM), in subsection (4)(a), for “the purposes of public service television broadcasting in the United Kingdom” substitute “the public service remit for television in the United Kingdom (as defined in section 264)”.

Commencement Information

I23 Sch. 2 para. 23 not in force at Royal Assent, see s. 55(3)(a)

24 In section 64 (must carry obligations), omit subsection (3)(f).

Commencement Information

I24 Sch. 2 para. 24 not in force at Royal Assent, see s. 55(3)(a)

25 In section 198A (C4C’s functions in relation to media content), in subsection (3)(b), for “objectives” substitute “requirements”.

Commencement Information

I25 Sch. 2 para. 25 not in force at Royal Assent, see s. 55(3)(a)

26 In section 216 (renewal of Channel 3 and 5 licences), in subsection (6), for “complying” substitute “that, either on its own or together with other arrangements, complied”.

Commencement Information

I26 Sch. 2 para. 26 not in force at Royal Assent, see s. 55(3)(a)

27 Omit the italic heading before section 218.

Commencement Information

I27 Sch. 2 para. 27 not in force at Royal Assent, see s. 55(3)(a)

28 In section 224 (meaning of initial expiry date), omit subsection (1)(c).

Commencement Information

I28 Sch. 2 para. 28 not in force at Royal Assent, see s. 55(3)(a)

29 In the italic heading before section 225, omit “and teletext”.

Commencement Information

I29 Sch. 2 para. 29 not in force at Royal Assent, see s. 55(3)(a)

30 In section 226 (application for review of financial terms in consequence of new obligations), in subsection (1)—

(a) after paragraph (a) insert “or”;

(b) omit paragraph (c) and the “or” before it.

Commencement Information

I30 Sch. 2 para. 30 not in force at Royal Assent, see s. 55(3)(a)

31 In section 227 (reviews under sections 225 and 226), in subsection (7), omit paragraph (b) and the “and” before it.

Commencement Information

I31 Sch. 2 para. 31 not in force at Royal Assent, see s. 55(3)(a)

32 (1) Section 229 (report in anticipation of new licensing round) is amended as follows.

(2) In subsection (2), for “the purposes of public service television broadcasting in the United Kingdom” substitute “the public service remit for television in the United Kingdom”.

(3) In subsection (6), in the definition of “relevant licence”—

(a) after paragraph (a) insert “or”;

(b) omit paragraph (c) and the “or” before it.

Commencement Information

I32 Sch. 2 para. 32 not in force at Royal Assent, see s. 55(3)(a)

33 In section 233 (services that are not television licensable content services), in subsection (2), omit paragraph (b) (but not the “or” following it).

Commencement Information

I33 Sch. 2 para. 33 not in force at Royal Assent, see s. 55(3)(a)

34 In section 241 (television multiplex services), omit subsection (9)(f).

Commencement Information

I34 Sch. 2 para. 34 not in force at Royal Assent, see s. 55(3)(a)

35 In section 243 (powers where frequencies reserved for qualifying services), omit subsection (7)(e).

Commencement Information

I35 Sch. 2 para. 35 not in force at Royal Assent, see s. 55(3)(a)

36 (1) Section 263 (application of regulatory regimes) is amended as follows.

(2) In subsection (2)—

(a) omit “, in relation to the licensed service,”;

(b) for “that service” substitute “that holder’s licensed service”.

(3) In subsection (3)(a), for “4, for Channel 5 or for the public teletext service” substitute “4 or for Channel 5”.

Commencement Information

I36 Sch. 2 para. 36 not in force at Royal Assent, see s. 55(3)(a)

37 In section 264 (OFCOM reports on the fulfilment of the public service remit)—

(a) in subsection (9)(a), omit “or service”;

(b) in subsection (12)—

(i) in paragraph (b), at the end insert “and”;

(ii) omit paragraph (d) and the “and” before it.

Commencement Information

I37 Sch. 2 para. 37 not in force at Royal Assent, see s. 55(3)(a)

38 In section 265 (public service remits of licensed providers)—

(a) in subsection (1)—

(i) omit “, and for the public teletext service,”;

(ii) omit (in both places it occurs) “or service”;

(b) omit subsections (4) and (5).

Commencement Information

I38 Sch. 2 para. 38 not in force at Royal Assent, see s. 55(3)(a)

39 Omit section 268 (statement of service policy by the public teletext provider).

Commencement Information

I39 Sch. 2 para. 39 not in force at Royal Assent, see s. 55(3)(a)

40 Omit section 269 (changes of public teletext service policy).

Commencement Information

I40 Sch. 2 para. 40 not in force at Royal Assent, see s. 55(3)(a)

41 (1) Section 270 (enforcement of public service remits) is amended as follows.

(2) In subsection (1)—

(a) omit “or the public teletext provider”;

(b) in paragraph (a), omit “or the public teletext service”.

(3) In subsection (3)(b)—

(a) omit “or statements of service policy”;

(b) omit “or 268”.

(4) In subsection (4)(a), omit “, or statement of service policy,”.

(5) In subsection (6)—

(a) in paragraph (a), omit “or the public teletext provider”;

(b) in paragraph (b), omit “or service”.

(6) In subsection (7)—

(a) in paragraph (a), for “269” substitute “267”;

(b) in paragraph (b)(i), for “service” substitute “channel”.

(7) In subsection (8)(a)—

(a) for “269” substitute “267”;

(b) for “service” substitute “channel”.

(8) Omit subsection (10).

Commencement Information

I41 Sch. 2 para. 41 not in force at Royal Assent, see s. 55(3)(a)

42 In section 271 (power to amend public service remits), in subsection (1)(a), omit “or for the public teletext service”.

Commencement Information

I42 Sch. 2 para. 42 not in force at Royal Assent, see s. 55(3)(a)

43 In section 272 (must-offer obligations in relation to networks), omit subsection (1)(b) (but not the “and” following it).

Commencement Information

I43 Sch. 2 para. 43 not in force at Royal Assent, see s. 55(3)(a)

44 In section 273 (must-offer obligations in relation to satellite services), omit subsection (1)(b) (but not the “and” following it).

Commencement Information

I44 Sch. 2 para. 44 not in force at Royal Assent, see s. 55(3)(a)

45 In section 274 (securing reception of must-provide services in certain areas), omit subsection (1)(b) (but not the “and” following it).

Commencement Information

I45 Sch. 2 para. 45 not in force at Royal Assent, see s. 55(3)(a)

46 In section 275 (must-provide services for the purposes of section 274), omit subsection (1)(f).

Commencement Information

I46 Sch. 2 para. 46 not in force at Royal Assent, see s. 55(3)(a)

47 Omit section 276 (cooperation with the public teletext provider).

Commencement Information

I47 Sch. 2 para. 47 not in force at Royal Assent, see s. 55(3)(a)

48 Omit section 284 (news provision on the public teletext service).

Commencement Information

I48 Sch. 2 para. 48 not in force at Royal Assent, see s. 55(3)(a)

49 Omit section 289 (regional matters in the public teletext service).

Commencement Information

I49 Sch. 2 para. 49 not in force at Royal Assent, see s. 55(3)(a)

50 Omit section 298 (conditions prohibiting interference with other services) and the italic heading before it.

Commencement Information

I50 Sch. 2 para. 50 not in force at Royal Assent, see s. 55(3)(a)

51 Omit section 300 (effects of categorisation of listed events into Group A and Group B).

Commencement Information

I51 Sch. 2 para. 51 not in force at Royal Assent, see s. 55(3)(a)

52 In section 301 (the code under section 104 of the Broadcasting Act 1996), omit subsection (2).

Commencement Information

I52 Sch. 2 para. 52 not in force at Royal Assent, see s. 55(3)(a)

53 Omit section 308 (assistance for the visually impaired with the public teletext service).

Commencement Information

I53 Sch. 2 para. 53 not in force at Royal Assent, see s. 55(3)(a)

54 In section 310 (code of practice for electronic programme guides), omit subsection (4)(f).

Commencement Information

I54 Sch. 2 para. 54 not in force at Royal Assent, see s. 55(3)(a)

55 In section 322 (supplementary powers relating to advertising), in subsection (1)—

(a) omit paragraph (b);

(b) in paragraph (c), omit “other”.

Commencement Information

I55 Sch. 2 para. 55 not in force at Royal Assent, see s. 55(3)(a)

56 In section 324 (setting and publication of standards), omit subsection (12)(a)(ii) (but not the “or” following it).

Commencement Information

I56 Sch. 2 para. 56 not in force at Royal Assent, see s. 55(3)(a)

57 In section 335 (conditions securing compliance with international obligations), omit subsection (3)(d).

Commencement Information

I57 Sch. 2 para. 57 not in force at Royal Assent, see s. 55(3)(a)

58 (1) Section 351 (changes of control of Channel 3 services) is amended as follows.

(2) In subsection (4)—

(a) omit paragraph (a)(i);

(b) after paragraph (a) insert—

“(aa) the extent to which the qualifying audiovisual content made available by the provider of the service includes a range of original productions and the duration (in total) of those productions;”;

(c) in paragraph (b), for “programmes of each of those descriptions” substitute “news programmes, current affairs programmes and original productions”.

(3) In subsection (5)—

(a) for paragraph (a) substitute—

“(aa) the extent to which the qualifying audiovisual content made in the United Kingdom that is made available by the provider of the service includes a range of Channel 3 programmes made outside the M25 area and the duration (in total) of those programmes;”;

(b) omit paragraph (b).

(4) In subsection (6), in paragraph (c), for the words from “for the purposes of” to the end of the paragraph substitute “for the purposes of networking arrangements.”

Commencement Information

I58 Sch. 2 para. 58 not in force at Royal Assent, see s. 55(3)(a)

59 (1) Section 353 (changes of control of Channel 5) is amended as follows.

(2) In subsection (4)—

(a) omit paragraph (a)(i);

(b) after paragraph (a) insert—

“(aa) the extent to which the qualifying audiovisual content made available by the provider of Channel 5 includes a range of original productions and the duration (in total) of those productions;”;

(c) in paragraph (b), for “programmes of each of those descriptions” substitute “news programmes, current affairs programmes and original productions”.

(3) In subsection (5)—

(a) for paragraph (a) substitute—

“(a) the extent to which the qualifying audiovisual content made in the United Kingdom that is made available by the provider of Channel 5 includes a range of programmes made outside the M25 area and the duration (in total) of those programmes;”;

(b) omit paragraph (b).

Commencement Information

I59 Sch. 2 para. 59 not in force at Royal Assent, see s. 55(3)(a)

60 (1) Section 362 (interpretation of Part 3) is amended as follows.

(2) In subsection (1), at the appropriate place insert—

• ““audiovisual content”, in relation to a relevant audiovisual service, has the meaning given by section 264;”;

• ““qualifying audiovisual content” has the meaning given by section 278B (and references to making available qualifying audiovisual content are to be construed in accordance with that section);”;

• ““qualifying audiovisual service” has the meaning given by section 278B;”;

• ““relevant audiovisual service” has the meaning given by section 264;”.

(3) In subsection (1), omit the definitions of—

• “analogue teletext service”;

• “the digital public teletext service”;

• “the public teletext provider”;

• “the public teletext service”.

(4) In subsection (2), omit paragraph (b) (public teletext service).

Commencement Information

I60 Sch. 2 para. 60 not in force at Royal Assent, see s. 55(3)(a)

61 In section 405 (general interpretation), in subsection (1)—

(a) in the definition of “programme service”, omit paragraph (b) (the public teletext service);

(b) omit the definition of “purposes of public service television broadcasting”;

(c) at the appropriate place insert—

• ““the public service remit for television in the United Kingdom” has the meaning given by section 264;”.

Commencement Information

I61 Sch. 2 para. 61 not in force at Royal Assent, see s. 55(3)(a)

62 In Schedule 9 (arrangements about carrying on of C4C’s activities), in paragraph 1 (notification of requirement to submit proposals), in sub-paragraph (1), after paragraph (aa) (and before the “and” following it) insert—

“(ab) as soon as practicable after the day on which section 3 of the Media Act 2024 comes into force,”.

Commencement Information

I62 Sch. 2 para. 62 not in force at Royal Assent, see s. 55(3)(a)

63 Omit Schedule 10 (licensing the public teletext service).

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I63 Sch. 2 para. 63 not in force at Royal Assent, see s. 55(3)(a)

64 In Schedule 12 (corresponding obligations of the BBC and Welsh Authority), omit paragraph 11 (co-operation with the public teletext provider) and the italic heading before it.

Commencement Information

I64 Sch. 2 para. 64 not in force at Royal Assent, see s. 55(3)(a)

65 In Schedule 18 (transitional provisions), in paragraph 51 (listed events rules), omit sub-paragraphs (4) and (5).

Commencement Information

I65 Sch. 2 para. 65 not in force at Royal Assent, see s. 55(3)(a)

Digital Economy Act 2010 U.K.

66 In the Digital Economy Act 2010, omit sections 27 and 28 (public teletext service).

Commencement Information

I66 Sch. 2 para. 66 not in force at Royal Assent, see s. 55(3)(a)