SCHEDULES

SCHEDULE 2 U.K. Restrictions on the Holding of Licences

[F1 Part III U.K. Restrictions to Prevent Accumulations of Interests in Licensed Services]

Textual Amendments

F1 Sch. 2 Pt. III substituted (1.11.1996 except so far as relating to paras. 1(2)(b), 2(7) and otherwise 1.4.1997) by 1996 c. 55, s. 73, Sch. 2 Pt. III para. 10 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2; S.I. 1997/1005, art. 4

Audience time and total audience time for purposes of paragraph 2 U.K.

F2 3 (1) For the purposes of paragraph 2— U.K.

(a) the audience time attributable to a service in respect of any period is an estimate by the Commission of the number of hours that would be produced by—

(i) ascertaining, in relation to every person who in that period watched any programme included in that service, the total amount of time he spent in that period watching programmes so included, and

(ii) adding together all the amounts of time so ascertained, and

(b) total audience time in respect of any period is the total of all the audience times attributable to services specified in sub-paragraph (2) in respect of that period.

(2) The services referred to in sub-paragraph (1)(b) are—

(a) every television programme service capable of being received in the British Islands, and

(b) every other service which consists wholly or mainly in the broadcasting, or transmission by satellite, from a place outside the British Islands of television programmes which are capable of being received in the British Islands.

(3) For the purposes of this paragraph the Commission may disregard—

(a) watching in such circumstances, or by persons of such description, as the Commission may from time to time determine,

(b) periods of watching whose duration does not exceed such length of time as they may so determine, and

(c) the watching of recordings of television programmes to such extent as they may so determine.

(4) Any estimate required for the purposes of this paragraph may be made by the Commission in such manner, or by reference to such surveys conducted or statistics prepared by any one or more other persons, as they think fit.

(5) Any determination made by the Commission under sub-paragraph (4) shall be published by them in such manner as they think fit.

(6) In this paragraph—

(a) “programme” includes part of a programme, and

(b) references to watching a programme do not include references to watching it outside the British Islands.

(7) If it appears to the Secretary of State that there has been a significant change in the audience measurement practices prevailing in the television industry, the Secretary of State may, after consulting the Commission, make such amendments of sub-paragraphs (1), (3) and (6) as he considers appropriate for the purpose of taking account of that change.

Textual Amendments

F2 Sch. 2 Pt. III substituted (1.11.1996 except so far as relating to paras. 1(2)(b), 2(7) and otherwise 1.4.1997) by 1996 c. 55, s. 73, Sch. 2 Pt. III para. 10 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2; S.I. 1997/1005, art. 4