Broadcasting Act 1990

Part I U.K. Qualifying Revenue for purposes of Part I or II of this Act

Modifications etc. (not altering text)

C1 Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 9 para. 8(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2 Sch. 7 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 15(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3 Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 237(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Computation of qualifying 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 the qualifying revenue in relation to a person— U.K.

(a) for any accounting period of his, or

(b) for any year,

for the purposes of any provision of Part I or Part II of this Act.

(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.

[F2 (5) This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).]

Textual Amendments

F1 Words in Sch. 7 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Sch. 7 Pt. 1 para. 1(5) inserted (17.10.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 19(5), 55(3)(a); S.I. 2024/1033, reg. 2

Disputes U.K.

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

(a) the amount of the qualifying revenue in relation to any person 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) 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. 7 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)