Broadcasting Act 1990

[F118ASection 18: supplementary provisionU.K.

(1)For the purposes of section 18(3B) or (3C), the qualifying revenue for an accounting period of a holder of a Channel 3 licence is the aggregate of—

(a)the qualifying revenue for that accounting period of the licence holder which derives from that licensed service, and

(b)the qualifying revenue for that accounting period of the licence holder which derives from any on-demand programme service, non-UK on-demand programme service or television programme service that is—

(i)provided by the licence holder or a person associated with the licence holder, and

(ii)included in an internet programme service that is designated under section 362AA(2) of the Communications Act 2003 as a service provided by the licence holder or as a service provided by a person associated with the licence holder.

(2)Section 19(2) to (6) applies for determining the qualifying revenue referred to in subsection (1)(a).

(3)Section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from an on-demand programme service or a non-UK on-demand programme service.

(4)Section 19(2) and (4) to (6) applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from a television programme service as if—

(a)in section 19(2) and (6), references to a Channel 3 service were references to the television programme service,

(b)in section 19(2), (4) and (6), references to the holder of a Channel 3 licence were references to the provider of the television programme service, and

(c)in section 19(2) and (6), the words “of the licence holder” were omitted.

(5)Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of this section as it applies for the purposes of Part 3A of that Act.

(6)For the purposes of this section—

(a)the person who provides an internet programme service is the person treated for the purposes of Part 3A of the Communications Act 2003 as providing that service (see section 362AZ12 of that Act), and

(b)the person who provides an on-demand programme service or a non-UK on-demand programme service is the person treated for the purposes of Part 4A of that Act as providing that service (see section 368R of that Act).

(7)In this section—

  • designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AZ12(1));

  • on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in Part 4A of that Act (see section 368A).]

Textual Amendments

F1S. 18A inserted (17.10.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 19(3), 55(3)(a); S.I. 2024/1033, reg. 2

Modifications etc. (not altering text)

C1S. 18A applied (with modifications) (17.10.2024 for specified purposes) by 2003 c. 21, Sch. 9 para. 8(7) (as substituted by Media Act 2024 (c. 15), ss. 19(6), 55(3)(a); S.I. 2024/1033, reg. 2)