The Broadcasting Complaints Commission and Control of Misleading Advertisements (Transitional Provisions) Order 1990

2.—(1) This article applies to a complaint concerning any programme broadcast by the IBA before the transfer date where that complaint either—

(a) is made on or after that date, or

(b) was made under Part III of the Broadcasting Act 1981 before that date, but has not been disposed of.

(2) Part V of the 1990 Act (functions of the Broadcasting Complaints Commission) shall have effect in relation to a complaint to which this article applies as if—

(a) section 143(2) of that Act included a reference to a programme broadcast by the IBA before the transfer date;

(b) the programme about which the complaint is made had been broadcast by—

(i) the ITC in the case of a television programme other than a programme referred to in paragraph (iii) below,

(ii) the ITC and the Welsh Authority, in the case of a television programme (other than an advertisement) which had been broadcast by the IBA on the Fourth Channel in Wales and was also provided by the IBA under section 10(1) of the Broadcasting Act 1981 for broadcasting on the Fourth Channel elsewhere in the United Kingdom,

(iii) the Welsh Authority in the case of a television programme (other than an advertisement) broadcast by the IBA only on the Fourth Channel in Wales, or

(iv) the Radio Authority, in the case of a sound programme;

(c) the ITC and the Radio Authority were a broadcasting body within the meaning of Part V of the 1990 Act;

(d) the Welsh Authority were not a broadcasting body in relation to any broadcast of advertisements on the Fourth Channel in Wales; and

(e) section 145(5) of the 1990 Act (duty of broadcasting body to retain recordings of broadcast programmes) were omitted.

(3) In this article, “the Fourth Channel in Wales” has the meaning given by section 47(2) of the Broadcasting Act 1981.