Broadcasting Act 1990

Section 203(4).

SCHEDULE 22 Transitional Provisions and Savings

Preservation of appointments of existing members of the Welsh Authority, the BCC and the BSC

1 (1) Where, immediately before the date when the relevant section of this Act comes into force, any person holds office as chairman, deputy chairman or other member of the Welsh Authority, the BCC or the BSC, he shall continue to hold office as from that date as if he had been appointed under that section.

(2) Except in so far as the Secretary of State may otherwise determine, any such person shall hold office as from that date in accordance with the terms of his original appointment.

(3) In this paragraph “the relevant section of this Act” means—

(a) in relation to the Welsh Authority, section 56;

(b) in relation to the BCC, section 142; and

(c) in relation to the BSC, section 151.

(4) In this paragraph and in paragraph 2 “the BCC” means the Broadcasting Complaints Commission and “the BSC” means the Broadcasting Standards Council.

Power to make provision with respect to complaints to the BCC or BSC

2 (1) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with—

(a) the making, on or after the transfer date, of complaints to the BCC concerning programmes broadcast by the IBA before that date and the performance by the BCC, on or after that date, of functions in connection with complaints made to them about such programmes (whether so made before that date or by virtue of this paragraph), and

(b) the making, on or after the relevant date, of complaints to the BCC or the BSC concerning programmes broadcast in accordance with Schedule 11 and the performance by the BCC and the BSC respectively, on or after that date, of functions in connection with complaints made to them about such programmes (whether so made before that date or by virtue of this paragraph);

and (subject to sub-paragraph (4)) references in this sub-paragraph to the performance of functions are, in relation to the BCC, references to the performance of functions under Part V of this Act and, in relation to the BSC, are references to the performance of functions under Part VI of this Act.

(2) Without prejudice to the generality of sub-paragraph (1), an order under that sub-paragraph may provide that, in relation to complaints falling within that sub-paragraph, the BCC or (as the case may be) the BSC may give directions in pursuance of section 146 or (as the case may be) 156 of this Act to persons other than those referred to in section 146(1) or 156(1).

(3) Without prejudice to the generality of section 200(2)(b) of this Act, an order under sub-paragraph (1) may make—

(a) such transitional modifications of any provision of this Act, and

(b) such modifications of and savings in any other statutory provision,

as the Secretary of State considers appropriate.

(4) In this paragraph—

(a) “the relevant date” means—

(i) in the case of a complaint concerning a television programme, the day after the end of the interim period within the meaning of Schedule 11, and

(ii) in the case of a complaint concerning a sound programme, the day after the end of the period during which the local sound broadcasting service in which it was broadcast was provided in accordance with Schedule 11,

(b) “the transfer date” means the day appointed under section 127(1) of this Act,

(c) “statutory provision” means any provision of an enactment or of an instrument having effect under an enactment,

(d) “the IBA” means the Independent Broadcasting Authority, and

(e) references to programmes include references to teletext transmissions,

and in connection with complaints to the BCC concerning programmes broadcast by the IBA before the transfer date, a reference to Part V of this Act or to any provision of that Part includes a reference to Part III of the [1981 c. 68.] Broadcasting Act 1981 or (as the case may be) to any corresponding provision of that Part of that Act.

Power to make provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988

3 (1) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with—

(a) the making, on or after the transfer date, of complaints to the relevant authority concerning advertisements included before that date in any programme or teletext transmission broadcast by the IBA or in any licensed service; and

(b) the performance by each of the relevant authorities, on or after that date, of functions under the [S.I. 1988/915.] Control of Misleading Advertisements Regulations 1988 in relation to complaints concerning such advertisements (whether made before that date or by virtue of paragraph (a)).

(2) In sub-paragraph (1) “the relevant authority”—

(a) in relation to an advertisement included in—

(i) a television programme, other than one broadcast on the Fourth Channel in Wales,

(ii) a teletext transmission, or

(iii) a licensed service,

means the Independent Television Commission;

(b) in relation to an advertisement included in a television programme broadcast on the Fourth Channel in Wales, means the Welsh Authority; and

(c) in relation to an advertisement included in a sound programme, means the Radio Authority.

(3) In this paragraph—

(a) “the transfer date” means the day appointed under section 127(1) of this Act,

(b) “the Fourth Channel in Wales” has the same meaning as in Part II of the Broadcasting Act 1981, and

(c) “the IBA” means the Independent Broadcasting Authority;

and expressions used in this paragraph which are also used in the Control of Misleading Advertisements Regulations 1988 (as they have effect without the amendments made by paragraph 51 of Schedule 20 to this Act) have the same meaning as in those Regulations.

Saving of amendments made by Cable and Broadcasting Act 1984

4 The amendments made by paragraphs 12, 24, 32 and 45 of Schedule 5 to the [1984 c. 46.] Cable and Broadcasting Act 1984 shall not be affected by the repeals made by this Act but shall continue to have effect, subject to any amendments made by Schedule 20 to this Act.

Transitional modification of amendments made by this Act

5 (1) Any provision to which this sub-paragraph applies—

(a) shall have effect in relation to the programme contractor or teletext contractor under a contract which continues in force by virtue of Part II of Schedule 11 to this Act, or in relation to any such contract, as it has effect in relation to the holder of a licence granted under Part I of this Act or in relation to any such licence;

(b) shall have effect in relation to the programme contractor under a contract which continues in force by virtue of Part IV of Schedule 11, or in relation to any such contract, as it has effect in relation to the holder of a licence granted under Part III of this Act or in relation to any such licence; and

(c) shall have effect in relation to any broadcasting service provided by the Independent Television Commission or the Radio Authority in accordance with Schedule 11 as it has effect in relation to any service provided under a licence granted under Part I or Part III of this Act.

(2) Sub-paragraph (1) applies to the following provisions (as amended by this Act), namely—

(a) section 9 of the [1975 c. 68.] Industry Act 1975;

(b) section 19 of the [1975 c. 70.] Welsh Development Agency Act 1975;

(c) sections 75(1) and 93(1) of the Representation of the [1983 c. 2.] People Act 1983; and

(d) regulation 8(1) of the [S.I. 1988/915.] Control of Misleading Advertisements Regulations 1988.

(3) Where regulation 8(1) of the Control of Misleading Advertisements Regulations 1988 has effect in relation to any complaint in accordance with sub-paragraphs (1) and (2) above, regulation 9(1) of those Regulations shall have effect in relation to the complaint as if for the words from “exercise” onwards there were substituted “refuse to broadcast the advertisement”.

6 Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—

(a) the reference to the holder of a licence granted by the Independent Television Commission or the Radio Authority included a reference to the holder of a relevant licence within the meaning of Part III of Schedule 12 to this Act; and

(b) there were added at the end “or in pursuance of arrangements made with—

(i) the Independent Television Commission or the Radio Authority, or

(ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.”

7 Regulation 8(1) and (2) of the Control of Misleading Advertisements Regulations 1988 (as amended by this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of Schedule 12 to this Act as they apply to a service licensed under Part II of this Act.