Broadcasting Act 1981

33 Provisions supplemental to s. 32. U.K.

(1) The contracts between the Authority and the various programme contractors shall include such terms as are in the opinion of the Authority necessary or expedient to ensure that, except for deduction of commission by persons acting as advertising agents, the amount of the [F1 advertising revenue] of a programme contractor is not reduced under arrangements by which any part of the consideration for the insertion of advertisements in programmes provided by the programme contractor is receivable by any person other than the programme contractor (whether that person is under the control of the programme contractor or not).

(2) Every contract between the Authority and a programme contractor which provides either for the supply of television programmes or for the supply of local sound broadcasts to be broadcast [F2 for reception in areas or localities]of which some are in Great Britain and some in Northern Ireland shall provide that, as regards his [F3 advertising revenue]for any period, the programme contractor shall give to the Authority such information as they may require for the purpose of ascertaining the proportions in which [F3 the revenue derives]from the broadcasting of advertisements [F2 for reception in areas or localities] in Great Britain and [F2 areas or localities]in Northern Ireland respectively.

(3) On receipt of any additional payments the Authority shall deal with them as follows—

(a) if they were paid under a contract for the supply of programmes to be broadcast [F2 for reception in areas or localities] all of which are in Great Britain, the Authority shall pay them into the Consolidated Fund of the United Kingdom;

(b) if they were paid under a contract for the supply of programmes to be broadcast [F2 for reception in areas or localities] all of which are in Northern Ireland, the Authority shall pay them into the Consolidated Fund of Northern Ireland;

(c) if they were paid under such a contract as is mentioned in subsection (2), the Authority shall pay them into the Consolidated Funds of the United Kingdom and Northern Ireland respectively in the proportions in which, according to the information supplied by the programme contractor, the [F4 advertising revenue] for the relevant accounting period [F5 derives] from the broadcasting of advertisements [F2 for reception in areas or localities] in Great Britain and [F2 areas or localities] in Northern Ireland or, if the programme contractor has failed to supply the necessary information, in such proportions as the Authority estimate to be appropriate.

(4) The Authority shall prepare in respect of each financial year—

(a) an account showing the additional payments received under all their contracts with programme contractors for the provision of television programmes and of the sums paid into the Consolidated Funds of the United Kingdom and Northern Ireland respectively under subsection (3) in respect of those payments, and

(b) an account showing the additional payments received under all their contracts with programme contractors for the provision of local sound broadcasts and of the sums paid as mentioned in paragraph (a) in respect of those payments;

and shall send those accounts to the Comptroller and Auditor General not later than the end of November following the year; and the Comptroller and Auditor General shall examine, certify and report on each of those accounts and lay copies of it, together with his report, before each House of Parliament.

Textual Amendments

F1 Words substituted by Finance Act 1989 (c. 26, SIF 96), s. 181(1), Sch. 16 Pt. I para. 2(2)

F2 Words substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 40(4)

F3 Words substituted by Finance Act 1989 (c. 26, SIF 96), s. 181(1), Sch. 16 Pt. I para. 2(3)

F4 Words substituted by Finance Act 1989 (c. 26, SIF 96), s. 181(1), Sch. 16 Pt. I para. 2(4)

F5 Word substituted by Finance Act 1989 (c. 26, SIF 96), s. 181(1), Sch. 16 Pt. I para. 2(4)

Modifications etc. (not altering text)

C1 Ss. 32–35 modified (temp. ending with 31.12.1992) by Broadcasting Act 1990 (c. 42, SIF 96), s. 129, Sch. 11 Pt. II paras. 2(2)(c), 4, 5, 8(2)(3)

C2 Power to modify ss. 32–35 conferred by Broadcasting Act 1990 (c. 42, SIF 96), s. 129, Sch. 11 Pt. III para. 2

C3 Ss. 32–35 modified by Broadcasting Act 1990 (c. 42, SIF 96), s. 129, Sch. 11 Pt. IV para. 2(3)(c)(4)

C4 Finance Act 1986 (c. 41, SIF 96), s. 111, Sch. 22 Pt. I and Finance Act 1989 (c. 26, SIF 96), s. 181(1), Sch. 16 Pt. I, provide that the Broadcasting Act 1981 shall have effect with respect to additional payments payable by programme contractors as therein mentioned.