Broadcasting Act 1990

126 Interpretation of Part III. U.K.

(1) In this Part (unless the context otherwise requires)—

• “additional service” and “additional services licence” shall be construed in accordance with section 114(1) and section 115(9) respectively;

• “the appropriate percentage”, in relation to any year, has the meaning given by section 102(10);

• “assigned frequency” means a frequency for the time being assigned to the Authority under section 84(4);

• “the Authority” means the Radio Authority established under this Part;

• “cash bid” has the meaning given by section 98(8);

• “independent radio service” has the meaning given by section 84(1);

• “licence” means a licence under this Part, and “licensed” shall be construed accordingly;

• “licensable sound programme service” has the meaning given by section 112(1);

• “local licence” and “national licence” mean a licence to provide a local service and a licence to provide a national service, respectively;

• “local service”, “national service”, “restricted service” and “satellite service” shall be construed in accordance with section 84(2);

• “sound broadcasting service” means a broadcasting service whose broadcasts consist of transmissions in sound only [F1 but does not include a radio multiplex service (as defined by section 40(1) of the Broadcasting Act 1996)];

• “spare capacity” shall be construed in accordance with section 114(2).

(2) Any reference in this Part to an area in the United Kingdom does not include an area which comprises or includes the whole of England; and nothing in this Part shall be read as precluding a local service from being provided for an area or locality that is to any extent comprised in the area or locality for which another local service is to be provided.

(3) Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.

Textual Amendments

F1 Words in s. 126 inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 9 (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1