Broadcasting Act 1990

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 M1 Industry Act 1975;

(b) section 19 of the M2 Welsh Development Agency Act 1975;

(c) sections 75(1) and 93(1) of the Representation of the M3 People Act 1983; and

(d) regulation 8(1) of the M4 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”.

Marginal Citations

M1 1975 c. 68.

M2 1975 c. 70.

M3 1983 c. 2.

M4 S.I. 1988/915.