- Latest available (Revised)
- Point in Time (14/07/2008)
- Original (As enacted)
Point in time view as at 14/07/2008.
Broadcasting Act 1990, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 21 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—
(a)to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and
(b)on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.
(2)An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.
(3)A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
(4)No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—
(a)section 3 of the M1Obscene Publications Act 1959;
(b)section 24 [F1or 29H] of the M2Public Order Act 1986; and
(c)Article 14 of the M3Public Order (Northern Ireland) Order 1987.
(5)In the application of subsection (1) to England and Wales “relevant offence” means an offence under—
(a)section 2 of the Obscene Publications Act 1959; or
(b)section 22 [F2or 29F] of the Public Order Act 1986.
(6)In the application of subsection (1) to Scotland—
(a)“relevant offence” means an offence under—
(i)section 51 of the M4Civic Government (Scotland) Act 1982, or
(ii)section 22 of the Public Order Act 1986;
(b)the reference to a justice of the peace shall include a reference to the sheriff; and
(c)for the reference to information on oath there shall be substituted a reference to evidence on oath.
(7)In the application of subsection (1) to Northern Ireland—
(a)“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;
(b)for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and
(c)for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.
Textual Amendments
F1Words in s. 167(4)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)
F2Words in s. 167(5)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)
Modifications etc. (not altering text)
C1S. 167 amended (1.4.1997) by 1996 c. 55, s. 117 (with s. 43(1)(6)); S.I. 1997/1005, art. 4
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: