Broadcasting Act 1990

General disqualification of non-EEC nationals and bodies having political connections U.K.

1 (1) Subject to sub-paragraph (2), the following persons are disqualified persons in relation to a licence granted by the Commission or the Authority— U.K.

(a) an individual who is neither—

(i) a national of a member State who is ordinarily resident within the European Economic Community, nor

(ii) ordinarily resident in the United Kingdom, the Isle of Man or the Channel Islands;

(b) a body corporate which is neither—

(i) a body formed under the law of a member State which has its registered or head office or principal place of business within the European Economic Community, nor

(ii) a body incorporated under the law of the Isle of Man or the Channel Islands;

(c) a local authority;

(d) a body whose objects are wholly or mainly of a political nature;

(e) a body affiliated to a body falling within paragraph (d);

(f) an individual who is an officer of a body falling within paragraph (d) or (e);

(g) a body corporate which is an associate of a body corporate falling within paragraph (d) or (e);

(h) a body corporate in which a body falling within any of paragraphs (c) to (e) and (g) is a participant with more than a 5 per cent. interest;

[F1 (hh) a body corporate which is controlled by a body corporate falling within paragraph (h);]

(i) a body which is controlled by a person falling within any of paragraphs (a) to (g) or by two or more such persons taken together; and

(j) a body corporate in which a body falling within paragraph (i), other than one which is controlled—

(i) by a person falling within paragraph (a), (b) or (f), or

(ii) by two or more such persons taken together,

is a participant with more than a 5 per cent. interest.

(2) Sub-paragraph (1) shall apply in relation to—

(a) a local delivery licence,

(b) a licence to provide a [F2 satellite television] service,

(c) a licence to provide a non-domestic satellite radio service,

(d) a licence to provide a licensable programme service,

(e) a licence to provide a licensable sound programme service, F3 . . .

(f) a licence to provide additional services (within the meaning of Part I or III of this Act) other than a licence to provide the teletext service referred to in section 49(2) of this Act,

[F4 (g) a licence to provide a television multiplex service, a national radio multiplex service or a local radio multiplex service,

(h) a licence to provide digital additional services (within the meaning of Part I or II of the 1996 Act),

(i) a licence to provide digital programme services, or

(j) a licence to provide national or local digital sound programme services,]

as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted.

(3) In sub-paragraph (2)(c) “non-domestic satellite radio service” means a satellite service within the meaning of Part III of this Act which is not provided on any frequency allocated to the United Kingdom for broadcasting by satellite.

Textual Amendments

F1 Sch. 2 Pt. 2 para. 1(1)(hh) inserted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 6(2) (with s. 43(1)(6)); 1996/2120, art. 5, Sch. 2

F2 Words in Sch. 2 Pt. II para. 1(2)(b) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 15

F3 Sch. 2 Pt. II para. 1(2)(e) repealed (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 6(3), Sch. 11 Pt. I (with s. 43(1)(6)); 1996/2120, art. 5, Sch. 2

F4 Sch. 2 Pt. II para. 1(2)(g)-(j) inserted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 6(3) (with s. 43(1)(6)); 1996/2120, art. 5, Sch. 2