The Small-scale Radio Multiplex and Community Digital Radio Order 2019

Disqualified persons

5.—(1) Part 2 of Schedule 2 to the 1990 Act(1) (disqualification for holding licences) has effect in relation to community digital sound programme licences as if the persons who are disqualified persons by virtue of that Part of that Schedule included, in relation to such licences, any person falling within paragraph (2).

(2) Those persons are—

(a) any person who is not a body corporate;

(b) any body corporate falling within paragraph (3);

(c) any C4 company or S4C company that would not otherwise be a disqualified person by virtue of paragraph (3).

(3) A body corporate falls within this paragraph if—

(a) that body holds at least one relevant Broadcasting Act licence, or

(b) that body is connected with a person who holds one or more such licences.

(4) In this article, a relevant Broadcasting Act licence is a Broadcasting Act licence which is not a licence to provide one of the following services—

(a) a community radio service;

(b) a digital sound programme service;

(c) a restricted service;

(d) a radio licensable content service;

(e) a restricted television service;

(f) a small-scale radio multiplex service;

(g) a television licensable content service;

(h) a local digital television programme service.

(5) Part 2 of Schedule 2 to the 1990 Act (disqualification for holding licences) has effect in relation to community digital sound programme licences as if—

(a) paragraphs 1(1)(f) (individual who is an officer of a political body etc.) and 3 (certain publicly-funded bodies) were omitted;

(b) in paragraph 4 (persons disqualified on grounds that they are subject to undue influence)—

(i) in sub-paragraph (1)(a), for “relevant body” there were substituted “person”;

(ii) sub-paragraph (2) were omitted.

(6) In this article—

“local digital television programme service” has the meaning given in article 3 of the Local Digital Television Programme Services Order 2012(2);

“restricted service” has the meaning given in section 245(4)(c) of the 2003 Act.

(1)

Section 405(1) of the 2003 Act defines “the 1990 Act” as meaning the Broadcasting Act 1990 (c.42). Part 2 of Schedule 2 to the 1990 Act was amended by sections 73 and 148 of, and Schedules 2 and 11 to, the 1996 Act and by sections 348, 349, 360(3) and 406(7) of, and Schedules 15 and 19 to, the 2003 Act.

(2)

S.I. 2012/292, to which there are amendments not relevant to this Order.