Version Superseded: 01/10/1996
Point in time view as at 01/02/1991. This version of this provision has been superseded.
Broadcasting Act 1990, Section 43 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)In this Part “domestic satellite service” means a television broadcasting service where the television programmes included in the service are transmitted by satellite from a place in the United Kingdom—
(a)on an allocated frequency, and
(b)for general reception in the United Kingdom.
(2)In this Part “non-domestic satellite service” means—
(a)a service which consists in the transmission of television programmes by satellite—
(i)otherwise than on an allocated frequency, and
(ii)for general reception in the United Kingdom or in any prescribed country (or both),
where the programmes are transmitted from a place in the United Kingdom; or
(b)a service which consists in the transmission of television programmes by satellite—
(i)from a place which is neither in the United Kingdom nor in any prescribed country, but
(ii)for such reception as is mentioned in paragraph (a) (ii),
if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him).
(3)For the purposes of this Part non-domestic satellite services shall be regarded as provided by the following persons—
(a)a service falling within subsection (2)(a)—
(i)shall, if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him), be regarded as provided by that person (whether the programmes are transmitted by him or not), but
(ii)shall otherwise be regarded as provided by the person by whom the programmes are transmitted; and
(b)a service falling within subsection (2)(b) shall be regarded as provided by the person by whom the programme material in question is provided as mentioned in that provision.
(4)In this section—
“allocated frequency” means a frequency allocated to the United Kingdom for broadcasting by satellite;
“prescribed country” means any country specified in an order made by the Secretary of State for the purposes of this subsection.
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