F1SCHEDULE 16 Broadcasting: Additional Payments by Programme Contractors
Part I Amendments of the Principal Sections
1
(1)
Section 32 of the M1Broadcasting Act 1981 (rentalpayments by programme contractors) shall be amended as follows.
(2)
In subsection (1)(b), after the word “amounts” there shall beinserted the words “in respect of profits and in respect of advertisingrevenue”.
(3)
In subsection (2)(b), after the word “amounts” there shall beinserted the words “in respect of profits”.
(4)
“TABLE A RATES OF ADDITIONAL PAYMENTS IN RESPECT OF ADVERTISING REVENUE
Rate for determining amount of additional payments
For so much of the advertising revenue for the accounting period as does not exceed the free slice for advertising revenue.
Nil
For so much of the advertising revenue for the accounting period as exceedsthe free slice for advertising revenue.
The relevant revenue rate except where the rate is nil
For the purposes of this Table—
(a)
a nil rate, instead of the relevant revenue rate, is applicable in thecase of persons who are DBS programme contractors or DBS teletext contractors;
(b)
the relevant revenue rate is 10 per cent; and
(c)
the free slice for advertising revenue is £15 million or, in thecase of a TV programme contractor, that amount with the addition of thepayments payable by him in pursuance of section 13(2).
TABLE B RATES OF ADDITIONAL PAYMENTS IN RESPECT OF PROFITS
For so much of the profits for the accounting period after deducting anyamount payable under Table A as does not exceed the free slice for profits.
Nil
For so much of the profits for the accounting period after deducting anyamount payable under Table A as exceeds the free slice for profits.
The relevant profits rate except where the rate is nil.
For the purposes of this Table—
(a)
a nil rate, instead of the relevant profits rate, is applicable in thecase of—
(i)
programme contractors who provide local sound broadcasts, and
(ii)
DBS programme contractors or DBS teletext contractors;
(b)
the relevant profits rate is 25 per cent; and
(c)
the free slice for profits is £2 million.”
(5)
Subsection (4A) shall be omitted.
(6)
In subsection (5), for the words “relevant sum mentioned in subsection(4A)” there shall be substituted the words “relevant sum mentioned in theTables above”.
(7)
In subsection (7), after the words “additional payments” there shallbe inserted the words “in respect of profits”.
(8)
In subsection (8), for the words “any of the provisions of subsections(4), (4A)” there shall be substituted the words “any of the provisionsof subsections (4)”.
(9)
“(9)
The power of the Secretary of State under subsection (8) shall includepower to amend the provisions in question as there mentioned—
(a)
only in their application in relation to the additional payments mentionedin subsection (1)(b); or
(b)
only in their application in relation to the additional payments mentionedin subsection (2)(b); or
(c)
differently in their application as mentioned in paragraphs (a) and (b)respectively; or
(d)
only in their application in relation to additional payments in respectof advertising revenue; or
(e)
only in their application in relation to additional payments in respectof profits; or
(f)
differently in their application as mentioned in paragraphs (d) and (e)respectively.
(9A)
In the application of the provisions mentioned in subsection (8) inrelation to the additional payments mentioned in subsection (1)(b), the powerof the Secretary of State under subsection (8) shall also include power toamend those provisions as mentioned in subsection (8)—
(a)
only in relation to persons who are TV programme contractors (includingpersons who are both TV programme contractors and teletext contractors); or
(b)
only in relation to persons who are DBS programme contractors (includingpersons who are both DBS programme contractors and teletext contractors); or
(c)
only in relation to persons who are teletext contractors (other than DBSteletext contractors) but are not TV or DBS programme contractors; or
(d)
only in relation to persons who are DBS teletext contractors but are notTV or DBS programme contractors; or
(e)
differently in relation to persons within paragraphs (a), (b), (c) and (d)respectively.”
2
(1)
Section 33 of the M2Broadcasting Act 1981 (supplementalprovisions) shall be amended as follows.
(2)
In subsection (1), for the words “advertising receipts” there shallbe substituted the words “advertising revenue”.
(3)
In subsection (2), for the words “advertising receipts” there shallbe substituted the words “advertising revenue” and for the words “thosereceipts derive” there shall be substituted the words “the revenuederives”.
(4)
In subsection (3)(c), for the words “advertising receipts” thereshall be substituted the words “advertising revenue” and for the word “derive” there shall be substituted the word “derives”.
3
(1)
Section 34 of the Broadcasting Act 1981 (instalments payable on accountby programme contractors for their accounting periods) shall be amended asfollows.
(2)
In subsection (3)(c), for the words “receipts are” there shall besubstituted the words “revenue is”.
4
(1)
Section 35 of the M3Broadcasting Act 1981 (provision forsupplementing additional payments) shall be amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (a), after the words “additional payments” there shallbe inserted the words “in respect of profits”;
(b)
in paragraph (b)(ii), the words “in the case of second categoryprofits,” shall be omitted; and
(c)
at the end, there shall be added the words “in respect of profits of hisfor that period”.