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Broadcasting Act 1990, Section 185 is up to date with all changes known to be in force on or before 03 September 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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(1)[F1OFCOM] shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 [F2, Channel 4 ] and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.
(2)In this section “the nominated body” means such body as may for the time being be nominated by [F1OFCOM] for the purposes of this section, being a body which—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)appears to [F1OFCOM] to be in a position to maintain a national television archive.
(3)A Channel 3 [F4, Channel 4 ] or Channel 5 licence shall include conditions requiring the licence holder to pay to [F1OFCOM] , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).
(4)Any amount received by [F1OFCOM] by virtue of subsection (3) shall be transmitted by them to the nominated body.
(5)In this section—
F5...
“Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.
[F6“Channel 4 licence” means—
the licence referred to in section 231(1)(b) of the Communications Act 2003; and
a licence renewing that licence on the first or any subsequent occasion.]
Textual Amendments
F1Words in s. 185 substituted (with effect in accordance with Sch. 15 para. 64(2) of the amending Act) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 185(1) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3S. 185(2)(a) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 11
F4Words in s. 185(3) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5Words in s. 185(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F6Words in s. 185(5) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Modifications etc. (not altering text)
C1S. 185: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 8 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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