Broadcasting Act 1990

43 Domestic and non-domestic satellite services. U.K.

(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 [F2 subject to subsection (3A)]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.

[F3 (3A) For the purposes of this Part, any non-domestic satellite service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company—

(a) shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service), and

(b) shall be regarded as provided from a place in the United Kingdom.]

(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.

• [F4 “relevant broadcasting body” means—

  (a)

  in relation to a BBC company, the BBC,

  (b)

  in relation to a Channel 4 company, the Channel Four Television Corporation, and

  (c)

  in relation to an S4C company, the Welsh Authority.]

Textual Amendments

F2 Words in s. 43(3) inserted (24.7.1996 for certain purposes otherwise 1.10.1996) by 1996 c. 55, ss. 148(1), 149(1)(h), Sch. 10 Pt. II para. 15(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F3 S. 43(3A) inserted (24.7.1996 for certain purposes otherwise 1.10.1996) by 1996 c. 55, ss. 148(1), 149(1)(h), Sch. 10 Pt. II para. 15(3) (with s. 43(1)(6)); S.I. 1996/2120, art. 4 Sch. 1

F4 Definition in s. 43(4) inserted (24.7.1996 for certain purposes otherwise 1.10.1996) at the end of s. 43(4) by 1996 c. 55, ss. 148(1), 149(1)(h), Sch. 10 Pt. II para. 15(4) (with s. 43(1)(6)); S.I. 1996/2120, art. 4 Sch. 1

43 Domestic and non-domestic satellite services. U.K.

(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.