Broadcasting Act 1990

Miscellaneous provisions relating to national and local services U.K.

106 Requirements as to character and coverage of national and local services. U.K.

(1) A national or local licence shall include such conditions as appear to the Authority to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in force, except to the extent that the Authority consent to any departure on the grounds—

(a) that it would not narrow the range of programmes available by way of independent radio services to persons living in the area or locality for which the service is licensed to be provided, or

(b) that it would not substantially alter the character of the service.

(2) A national or local licence shall include conditions requiring the licence holder to secure that the licensed service serves so much of the area or locality for which it is licensed to be provided as is for the time being reasonably practicable.

(3) A national licence shall include conditions enabling the Authority, where it appears to them to be reasonably practicable for the licensed service to be provided for any additional area falling outside the minimum area determined by them in accordance with section 98(2), to require the licence holder to provide the licensed service for any such additional area.

(4) Subject to subsection (5), the Authority may, if they think fit, authorise the holder of a local licence, by means of a variation of his licence to that effect, to provide the licensed service for any additional area or locality adjoining the area or locality for which that service has previously been licensed to be provided.

(5) The Authority shall only exercise the power conferred on them by subsection (4) if it appears to them that to do so would not result in a substantial increase in the area or locality for which the service in question is licensed to be provided.

(6) As soon as practicable after the Authority have exercised that power in relation to any service, they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they have exercised that power in relation to that service; and

(b) giving details of the additional area or locality for which that service is licensed to be provided.

[F1 106A Variation of local licence following change of control. U.K.

(1) Any local licence granted to a body corporate before the commencement of this section shall be taken to include—

(a) a condition requiring the body to give the Authority advance notice of any proposals known to the body that may give rise to a relevant change of control, and

(b) a condition requiring the body to provide the Authority, in such manner and at such times as they may reasonably require, with such information as they may require for the purposes of exercising their functions under subsection (3).

(2) Subsection (3) applies in relation to any local licence which—

(a) was granted before the commencement of this section,

(b) is held by a body corporate, and

(c) has not previously been varied under that subsection.

(3) Where, in relation to any local licence to which this subsection applies—

(a) the Authority receive notice, in pursuance of a condition imposed under subsection (1) or section 88(2)(d), of any proposals that may give rise to a relevant change of control, or

(b) a relevant change of control takes place (whether or not that change has been previously notified to the Authority),

the Authority may vary the licence, by a notice served on the licence holder, so as to include in the licence such conditions as they consider appropriate for the purpose of ensuring that the character of the local service is maintained after the relevant change of control.

(4) Subject to subsection (5), any new or varied condition imposed under subsection (3) in relation to any matter may be more onerous than any existing condition imposed under section 106(1) in relation to that matter; and in this subsection “existing condition” means a condition of the licence as it has effect, or had effect, before the relevant change of control.

(5) The Authority may not under subsection (3) include any new or varied condition in a licence unless the new condition or the condition as varied is one which (with any necessary modifications) would have been satisfied by the licence holder—

(a) during the three months immediately before the relevant date, or

(b) if the Authority consider that the performance of the licence holder during that period is not typical of its performance during the twelve months before the relevant date, during such other period of three months during those twelve months as they may notify in writing to the licence holder;

and for the purposes of this subsection “the relevant date” is the date of the relevant change of control or, if earlier, the date on which the Authority exercise their powers under subsection (3).

(6) The Authority shall not serve a notice on any body under subsection (3) unless they have given it a reasonable opportunity of making representations to them about the variation.

(7) Where, in any case falling within paragraph (a) of subsection (3), a notice under that subsection is served before the change to which it relates takes place, the variation shall not take effect until the change to which it relates takes place.

(8) The power in subsection (1) of section 106 to vary conditions imposed under that subsection includes power to vary conditions imposed under subsection (3).

(9) In this section “relevant change of control” means a change in the persons having control over the body holding the licence.]

Textual Amendments

F1 S. 106A inserted (1.11.1996) by 1996 c. 55, s. 93 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

107 Party political broadcasts. U.K.

(1) A national licence shall include—

(a) conditions requiring the licence holder to include party political broadcasts in the licensed service; and

(b) conditions requiring the licence holder to observe such rules with respect to party political broadcasts as the Authority may determine.

(2) Without prejudice to the generality of paragraph (b) of subsection (1) [F2 but subject to section 14 of the Registration of Political Parties Act 1998 (prohibition of broadcasts by unregistered parties)], the Authority may determine for the purposes of that subsection—

(a) the political parties on whose behalf party political broadcasts may be made; and

(b) in relation to any political party on whose behalf such broadcasts may be made, the length and frequency of such broadcasts.

(3) Any rules made by the Authority for the purposes of this section may make different provision for different cases or circumstances.

Textual Amendments

F2 Words in s. 107(2) inserted (24.3.1999) by 1998 c. 48, s. 23, Sch. 3 para. 3; S.I. 1999/393, art. 2

108 Promotion of equal opportunities in relation to employment by holder of national licence. U.K.

(1) A national licence shall include conditions requiring the licence holder—

(a) to make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups; and

(b) to review those arrangements from time to time.

(2) In subsection (1) “racial group” has the same meaning as in the M1 Race Relations Act 1976 [F3 or, in Northern Ireland, the Race Relations (Northern Ireland) Order 1997].

Textual Amendments

F3 Words in s. 108(2) inserted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 4; S.R. 1997/273, art. 2(4)

Marginal Citations

M1 1976 c. 74.