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Broadcasting Act 1996, Section 39 is up to date with all changes known to be in force on or before 13 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)In this Part—
“ancillary service” has the meaning given by section 24(2);
F1...
“a Channel 3 licence” has the same meaning as in Part I of the 1990 Act and “a Channel 3 service” means a regional or national Channel 3 service (within the meaning of that Part);
“Channel 4”, “Channel 5” and “a Channel 5 licence” have the same meaning as in Part I of the 1990 Act;
[F2"CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television;]
F3...
“digital additional service” has the meaning given by section 24(1), and “digital additional services licence” means a licence to provide such services;
“digital programme service” has the meaning given by section 1(4), and “digital programme licence” means a licence to provide such services;
F4...
[F5“digital sound programme service” has the same meaning as in Part 2 of this Act;
[F6“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;]
F7...
“general multiplex service” has the same meaning as in that Part;]
“independent analogue broadcaster” has the meaning given by section 2(1);
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
“multiplex service” has the meaning given by section 1(1), and “multiplex licence” means a licence to provide such a service;
F8...
“qualifying service” has the meaning given by section 2(2);
F3...
[F9F10... “S4C Digital” F11... has the same meaning as in Part 3 of the Communications Act 2003;]
“technical service” has the meaning given by section 24(3).
[F12“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;]
[F13“television multiplex service]” has the meaning given by section 241 of the Communications Act 2003.
(2)Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.
Textual Amendments
F1Words in s. 39(1) omitted (31.12.2020) by virtue of The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 7(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 39(1) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 7(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 39(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 39(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 11(a); S.I. 2024/858, reg. 2(1)(v)
F5Words in s. 39(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F6Words in s. 39(1) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 7(c) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in s. 39(1) omitted (31.12.2020) by virtue of The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 7(d) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 39(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 11(b); S.I. 2024/858, reg. 2(1)(v)
F9Words in s. 39(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F10Words in s. 39(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 22(a); S.I. 2024/858, reg. 2(1)(x)
F11Word in s. 39(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 22(b); S.I. 2024/858, reg. 2(1)(x)
F12Words in s. 39(1) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(2)
F13Words in s. 39(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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