Broadcasting Act 1990

1990 CHAPTER 42

An Act to make new provision with respect to the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies; to make provision with respect to the provision and regulation of local delivery services; to amend in other respects the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to the supply and use of information about programmes; to make provision with respect to the transfer of the property, rights and liabilities of the Independent Broadcasting Authority and the Cable Authority and the dissolution of those bodies; to make new provision relating to the Broadcasting Complaints Commission; to provide for the establishment and functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to 1967 and the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the Telecommunications Act 1984 to run broadcast relay systems; and for connected purposes.

[1st November 1990]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 For extent see s. 204(3)-(5)

Modifications etc. (not altering text)

C1 Act: specified provisions extended (Guernsey) (with modifications) (13.2.1991) and further specified provisions extended (Guernsey) (1.4.1991) by S.I. 1991/191, art. 3, Sch.

Act: specified provisions extended (Jersey) (with modifications) (13.2.1991) and further specified provisions extended (Jersey) (1.4.1991) by S.I. 1991/193, art. 3, Sch.

Act: specified provisions extended (Guernsey) (with modifications) (1.8.1991) by S.I. 1991/1709, art. 3, Sch.

Act: specified provisions extended (Jersey) (with modifications) (1.8.1991) by S.I. 1991/1710, art. 3, Sch.

C2 Act: definition of "relevant programme" applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 53(5), Sch. 6 para 6(13); S.I. 1992/333, art. 2(2), Sch.2

C3 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C4 Act amended (1.4.1997) by 1996 c. 55, s. 124(3); S.I.1997/1005, art. 4

C5 Act to be construed with specified provisions of 1996 c. 55 (1.10.1996 for certain purposes and otherwise 1.4.1997) by virtue of s. 147(2) of that 1996 Act; S.I. 1996/2120, art. 4, Sch. 1; S.I. 1997/1005, art. 4

C6 Act: power to modify conferred (18.9.2003) by Communications Act 2003 (c. 21), ss. 407, 411(2) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

C7 Act applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), art. 4, Sch. (as amended (22.1.2010) by S.I. 2010/118, arts. 3-4 and (27.3.2015) by S.I. 2015/1000, arts. 3-8)

C8 Act applied (with modifications) (5.12.2012) by The Community Radio (Guernsey) Order 2012 (S.I. 2012/2690), arts. 4, 5, Sch.

C9 Act modified (Guernsey) (19.3.2013) by The Community Radio (Guernsey) Order 2013 (S.I. 2013/243), arts. 5, 6, Sch. Pt. 1

C10 Act: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(b)

C11 Act: power to amend conferred (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c)

F1 Part I U.K. Independent Television Services

Textual Amendments

F1 Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1

Modifications etc. (not altering text)

C12 Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Chapter 1 U.K. Regulation by Commission of Television Services Generally

Establishment of Independent Television Commission U.K.

F2 1 The Independent Television Commission. U.K.

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Textual Amendments

F2 S. 1 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Function of Commission U.K.

F3 2 Regulation by Commission of provision of television services. U.K.

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Textual Amendments

F3 S. 2 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General provisions about licences U.K.

3 Licences under Part I. U.K.

(1) Any licence granted by [F4 OFCOM] under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of [F5 Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003].

(2) A licence may be so granted for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified.

(3) [F4 OFCOM] —

(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).

[F6 (3A) Where [F4 OFCOM] are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.]

(4) [F4 OFCOM] may vary a licence by a notice served on the licence holder if—

(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to [F4 OFCOM] about the variation.

(5) Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 19(1) or 52(1) or in pursuance of any other provision of this Part which applies section 19(1).

(6) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of [F4 OFCOM] .

(7) Without prejudice to the generality of subsection (6), [F4 OFCOM] shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

[F7 (8) The holding by a person of a licence under this Part shall not relieve him of—

(a) any liability in respect of a failure to hold [F8 a licence under section 8 of the Wireless Telegraphy Act 2006]; or

(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]

Textual Amendments

F4 Words in s. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 3(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 S. 3(3A) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1)(f), Sch. 8 para. 1

F7 S. 3(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8 Words in s. 3(8)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 10

4 General licence conditions. U.K.

(1) A licence may include—

(a) such conditions as appear to [F9 OFCOM] to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act [F10 , the Broadcasting Act 1996 or the Communications Act 2003];

(b) conditions requiring the payment by the licence holder to [F9 OFCOM] (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

(c) conditions requiring the licence holder to provide [F9 OFCOM], in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act [F11 , the Broadcasting Act 1996 or the Communications Act 2003];

(d) conditions providing for such incidental and supplemental matters as appear to [F9 OFCOM] to be appropriate.

(2) A licence may in particular include conditions requiring the licence holder—

(a) to comply with any direction given by [F9 OFCOM] as to such matters as are specified in the licence or are of a description so specified; or

(b) (except to the extent that [F9 OFCOM] consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified.

(3) The fees required to be paid to [F9 OFCOM] by virtue of subsection (1)(b) shall be in accordance with such tariff as may from time to time be fixed by [F9 OFCOM]; F12 ....

(4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and [F9 OFCOM] shall publish every such tariff in such manner as they consider appropriate.

(5) Where the holder of any licence—

(a) is required by virtue of any condition [F13 contained in the licence] to provide [F9 OFCOM] with any information, and

(b) in purported compliance with that condition provides them with information which is false in a material particular,

he shall be taken for the purposes of sections 41 and 42 [F14 or (as the case may be) sections 237 and 238 of the Communications Act 2003 (enforcement of television licensable content service licences)] to have failed to comply with that condition.

(6) Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

Textual Amendments

F9 Words in s. 4 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F10 Words in s. 4(1)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F11 Words in s. 4(1)(c) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F12 Words in s. 4(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F13 Words in s. 4(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(5)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F14 Words in s. 4(5) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 2(5)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C13 S. 4(1)(c) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), arts. 1, 10(1)(a)(2)(a) (with art. 5)

5 Restrictions on the holding of licences. U.K.

(1) [F15 OFCOM] shall do all that they can to secure—

(a) that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

[F16 (b) that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

(c) that those requirements are not contravened in the case of a person who already holds a licence.]

(2) [F15 OFCOM] may accordingly—

(a) require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—

(i) whether he is such a disqualified person as is mentioned in subsection (1)(a),

(ii) whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and

(iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;

(b) revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

(c) make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

(d) impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting—

(i) shareholdings in the body, or

(ii) the directors of the body,

where such proposals are known to the body;

[F17 (da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i) shareholdings in the body; or

(ii) the directors of the body;

(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;]

(e) impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.

[F18 (2A) Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, [F15 OFCOM] shall give the Secretary of State notice of their intention to do so, specifying the relevant change.]

(3) Where [F15 OFCOM] —

(a) revoke the award of any licence in pursuance of subsection (2)(b), or

(b) determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.

(4) Those provisions shall not so have effect if [F15 OFCOM] decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

(5) Every licence shall include such conditions as [F15 OFCOM] consider necessary or expedient to ensure that where—

(a) the holder of the licence is a body, and

(b) a relevant change takes place after the grant of the licence,

[F15 OFCOM] may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.

[F19 (6) [F15 OFCOM] shall not serve any such notice on the licence holder unless—

(a) [F15 OFCOM] have notified him of the matters [F20 constituting their grounds for revoking the licence] and given him a reasonable opportunity of making representations to them about those matters, and

(b) in a case where the relevant change is one falling within subsection (6A)—

(i) they have also given him an opportunity of complying with [F21 the requirements imposed by or under Schedule 14 to the Communications Act 2003,] within a period specified in the notification, and

(ii) the period specified in the notification has elapsed.

(6A) A relevant change falls within this subsection if it consists only in one or more of the following—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a change in the national market share (within the meaning of [F23 Part 1 of Schedule 14 to the Communications Act 2003] ) of one or more national newspapers (within the meaning of that Part of that Schedule);

(c) a change in the local market share F24 ... in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).]

[F25 (6AA) For the purposes of this section, the local market share of a local newspaper in any area at any time is the percentage of the total number of copies of all local newspapers sold in that area in the relevant six months which is represented by the total number of copies of that newspaper sold in that area in that six months.

(6AB) In subsection (6AA) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question.

(6AC) For the purposes of subsection (6AA), the number of copies of a newspaper sold in a particular area during any period may be taken to be such number as is estimated by OFCOM—

(a) in such manner, or

(b) by reference to such statistics prepared by any other person,

as they think fit.

(6AD) In relation to a newspaper which is distributed free of charge (rather than sold), references in this section to the number of copies sold include references to the number of copies distributed.]

F26 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27 (6C) [F15 OFCOM] shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change..

F27 (6D) Where [F15 OFCOM] receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.]

(7) In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means—

(a) any change affecting the nature or characteristics of the body, or

(b) any change in the persons having control over or interests in the body, [F28 or

(c) any other change giving rise to [F29 a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003]]

being [F30 (in any case)] a change which is such that, if it fell to [F15 OFCOM] to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.

Textual Amendments

F15 Words in s. 5 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F16 S. 5(1)(b)(c) substituted for s. 5(1)(b) (29.12.2003) by Communications Act 2003 (c. 21), ss. 350(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F17 S. 5(2)(da)(db) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F18 S. 5(2A) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1), Sch. 8 para. 2(2)

F19 S. 5(6)(6A)(6B) substituted for s. 5(6) (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 12(2); S.I. 1996/2120, art. 5, Sch. 2

F20 Words in s. 5(6)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(4)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F21 Words in s. 5(6)(b)(i) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(4)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F22 S. 5(6A)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(5)(a), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F23 Words in s. 5(6A)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(5)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F24 Words in s. 5(6A)(c) omitted (15.6.2011) by virtue of The Media Ownership (Radio and Cross-media) Order 2011 (S.I. 2011/1503), arts. 1, 11(2)

F25 S. 5(6AA)-(6AD) inserted (15.6.2011) by The Media Ownership (Radio and Cross-media) Order 2011 (S.I. 2011/1503), arts. 1, 11(3)

F26 S. 5(6B) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(6), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F27 S. 5(6C)(6D) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1), Sch. 8 para. 2(3)

F28 S. 5(7)(c) and the word “or”immediately preceding it inserted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 12(3)(a); S.I. 1996/2120, art. 5, Sch. 2

F29 Words in s. 5(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 3(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F30 Words in s. 5(7) substituted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 12(3)(b); S.I. 1996/2120, art. 5, Sch. 2

Modifications etc. (not altering text)

C14 S. 5 modified (temp.) (17.7.2003) by The Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900), art. 5

C15 S. 5(1) modified (1.11.1996) by 1996 c. 55. s. 143(1)(2); S.I. 1996/2120, art. 5, Sch. 2

C16 S. 5(1)(a) amended (1.11.1996) by 1996 c. 55, s. 145(7); S.I. 1996/2120, art. 5, Sch. 2

General provisions about licensed services U.K.

F31 6 General requirements as to licensed services. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 7 General code for programmes. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 8 General provisions as to advertisements. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 9 Control of advertisements. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 10 Government control over licensed services. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 11 Monitoring by Commission of programmes included in licensed services. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F31 12 Audience research. U.K.

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Textual Amendments

F31 Ss. 6-12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 4, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Prohibition on providing unlicensed television services U.K.

13 Prohibition on providing television services without a licence. U.K.

(1) Subject to subsection (2), any person who provides any [F32 relevant regulated television service] without being authorised to do so by or under a licence under this Part [F33 or Part I of the Broadcasting Act 1996] shall be guilty of an offence.

[F34 (1A) In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.]

(2) The Secretary of State may, after consultation with [F35 OFCOM] , by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4) No proceedings in respect of an offence under this section shall be instituted—

(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) Without prejudice to subsection (3), compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

(6) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F32 Words in s. 13(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 5(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F33 words in s. 13(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 2(1)(b); S.I. 1996/2120, art. 4, Sch. 1

F34 S. 13(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 5(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F35 Words in s. 13(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 5(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C17 S. 13 excluded (temp. until 11.10.1997) by S.I. 1997/1682, regs. 1, 4(3)

C18 S. 13(1) excluded by S.I. 1990/2537, art. 2(1)

S. 13(1) excluded (5.1.1995) by S.I. 1995/3172, art. 2

Chapter II U.K. Television Broadcasting on Channels 3, 4 and 5

Channel 3 U.K.

14 Establishment of Channel 3. U.K.

(1) [F36 OFCOM] shall do all that they can to secure the provision, in accordance with this Chapter, of a nationwide system of television broadcasting services to be known as Channel 3.

(2) Subject to subsection (5), Channel 3 shall be structured on a regional basis, with each of the services comprised within it (“Channel 3 services”) being provided for such area in the United Kingdom as [F36 OFCOM] may determine in the case of that service.

(3) If it appears to [F36 OFCOM] that it would be appropriate for a particular Channel 3 service to do so, they may determine that the service shall include the provision of different programmes—

(a) for such different parts of the area for which it is provided, or

(b) for such different communities living within that area,

as they may determine.

(4) If [F36 OFCOM] so determine in the case of a particular Channel 3 service, that service shall be provided for a particular area only between such times of the day or on such days of the week (or both) as [F36 OFCOM] may determine.

(5) If [F36 OFCOM] so determine, a Channel 3 service may be provided for two or more areas for which regional Channel 3 services are provided, but any such service may only be so provided between particular times of the day.

(6) In this Part—

• “regional Channel 3 service” means a Channel 3 service provided for a particular area determined under subsection (2); and

• “national Channel 3 service” means a Channel 3 service provided as mentioned in subsection (5).

F37 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (7A) The areas mentioned in subsection (2) must at all times include at least one area that comprises, or falls entirely within, Scotland.]

(8) In this section and section 15 “programme” does not include an advertisement.

Textual Amendments

F36 Words in s. 14 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 6 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F37 S. 14(7) repealed (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 24(1)(a), 47(1), Sch. 2

F38 S. 14(7A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 24(1)(b), 47(1)

15 Applications for Channel 3 licences. U.K.

(1) Where [F39 OFCOM] propose to grant a licence to provide a Channel 3 service they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they propose to grant such a licence;

(b) specifying—

(i) if the service is to be a regional Channel 3 service, the area in the United Kingdom for which the service is to be provided,

(ii) if the service is to include the provision of such programmes as are mentioned in section 14(3), the different parts of that area, or (as the case may be) the different communities living within it, for which such programmes are to be provided,

(iii) if the service is to be provided as mentioned in section 14(4), the times of the day or the days of the week (or both) between or on which it is to be provided, and

(iv) if the service is to be a national Channel 3 service, the areas in the United Kingdom for which it is to be provided and the times of the day between which it is to be provided;

(c) inviting applications for the licence and specifying the closing date for such applications; and

(d) specifying—

(i) the fee payable on any application made in pursuance of the notice, and

(ii) the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 19(1)(c) if he were granted the licence.

(2) [F39 OFCOM] shall, when publishing a notice under subsection (1), publish with the notice general guidance to applicants for the licence in question which contains examples of the kinds of programme whose inclusion in the service proposed by any such applicant under subsection (3)(b) would be likely to result in a finding by [F39 OFCOM] that the service would comply with the requirements [F40 that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to— .

(a) the public service remit for that service,

(b) programming quotas,

(c) news and current affairs programmes, and

(d) programme production and regional programming.]

(3) Any application made in pursuance of a notice under this section must be in writing and accompanied by—

(a) the fee specified in the notice under subsection (1)(d)(i);

(b) the applicant’s proposals for providing a service that would comply with the requirements [F41 that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i) the public service remit for that service,

(ii) programming quotas,

(iii) news and current affairs programmes, and

(iv) programme production and regional programming]

F42 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the applicant’s cash bid in respect of the licence;

(g) such information as [F39 OFCOM] may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force; and

(h) such other information as [F39 OFCOM] may reasonably require for the purpose of considering the application.

[F43 (3A) For the purposes of subsection (1)(d)(ii)—

(a) different percentages may be specified for different accounting periods; and

(b) the percentages that may be specified for an accounting period include a nil percentage.]

(4) At any time after receiving such an application and before determining it [F39 OFCOM] may require the applicant to furnish additional information under any of [F44 paragraphs (b)], (g) and (h) of subsection (3).

(5) Any information to be furnished to [F39 OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6) [F39 OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

(a) the following matters, namely—

(i) the name of every person who has made an application to them in pursuance of the notice,

(ii) the proposals submitted by him under subsection (3)(b), and

(iii) such other information connected with his application as [F39 OFCOM] consider appropriate; and

(b) a notice—

(i) inviting representations to be made to them with respect to any matters published by them in accordance with paragraph (a) (ii) and (iii) above, and

(ii) specifying the manner in which, and the time by which, any such representations are to be so made.

(7) In this Part “cash bid”, in relation to a licence, means an offer to pay to [F39 OFCOM] a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).

Textual Amendments

F39 Words in s. 15 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F40 Words in s. 15(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F41 Words in s. 15(3)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(4)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F42 S. 15(3)(c)-(e) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(4)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F43 S. 15(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F44 Words in s. 15(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 7(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C19 Ss. 15-17A excluded (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

16 Procedure to be followed by Commission in connection with consideration of applications for licences. U.K.

(1) Where a person has made an application for a Channel 3 licence in accordance with section 15, [F45 OFCOM] shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 17 unless it appears to them—

(a) that his proposed service would comply with the requirements [F46 that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i) the public service remit for that service,

(ii) programming quotas,

(iii) news and current affairs programmes, and

(iv) programme production and regional programming], and

(b) that he would be able to maintain that service throughout the period for which the licence would be in force,

and any reference to an applicant in section 17 (except in section 17(12)(b)) is accordingly a reference to an applicant in whose case it appears to [F45 OFCOM] that the requirements of paragraphs (a) and (b) above are satisfied.

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In deciding whether an applicant’s proposed service would comply with the requirements [F48 that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(a) the public service remit for that service,

(b) programming quotas,

(c) news and current affairs programmes, and

(d) programme production and regional programming,]

[F45 OFCOM] shall take into account any representations made to them in pursuance of section 15(6)(b) with respect to that service; F49 ....

F50 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Words in s. 16 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F46 Words in s. 16(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F47 S. 16(2)(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F48 Words in s. 16(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(5)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F49 Words in s. 16(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(5)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F50 S. 16(5)-(8) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(6), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C19 Ss. 15-17A excluded (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

17 Award of licence to person submitting highest cash bid. U.K.

(1) Subject to the following provisions of this section, [F51 OFCOM] shall, after considering all the cash bids submitted by the applicants for a Channel 3 licence, award the licence to the applicant who submitted the highest bid.

(2) Where two or more applicants for a particular licence have submitted cash bids specifying an identical amount which is higher than the amount of any other cash bid submitted in respect of the licence, then (unless they propose to exercise their power under subsection (3) in relation to the licence) [F51 OFCOM] shall invite those applicants to submit further cash bids in respect of that licence; and, in relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference in this Part to his cash bid is a reference to that further bid.

(3) [F51 OFCOM] may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant.

(4) Without prejudice to the generality of subsection (3), [F51 OFCOM] may regard the following circumstances as exceptional circumstances which make it appropriate to award the licence to an applicant who has not submitted the highest bid, namely where it appears to [F51 OFCOM] —

(a) that the quality of the service proposed by such an applicant is exceptionally high; and

(b) that the quality of that proposed service is substantially higher than the quality of the service proposed—

(i) by the applicant who has submitted the highest bid, or

(ii) in a case falling within subsection (2), by each of the applicants who have submitted equal highest bids;

and where it appears to [F51 OFCOM] , in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of subsection (3), those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.

(5) If it appears to [F51 OFCOM] , in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—

(a) they shall refer his application to the Secretary of State, together with—

(i) a copy of all documents submitted to them by the applicant, and

(ii) a summary of their deliberations on the application; and

(b) they shall not award the licence to him unless the Secretary of State has given his approval.

(6) On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.

(7) In subsections (5) and (6) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—

(a) paying any amounts payable by him by virtue of section 19(1), or

(b) otherwise financing the provision of his proposed service.

(8) In a case where any requirement such as is mentioned in section 5(1)(b) operates to preclude [F51 OFCOM] from awarding a licence to the applicant to whom (apart from any such requirement) they would have awarded it in accordance with the preceding provisions of this section, they shall award the licence in accordance with rules made by them for regulating the awarding of licences in such cases; and any such rules may provide for the awarding of licences by reference to orders of preference notified to [F51 OFCOM] by applicants at the time of making their applications.

(9) Any such rules shall be published by [F51 OFCOM] in such manner as they consider appropriate, but shall not come into force unless they have been approved by the Secretary of State.

(10) Where [F51 OFCOM] are, by virtue of subsection (5), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (14)) have effect as if that person had not made an application for the licence.

(11) Where [F51 OFCOM] have awarded a Channel 3 licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—

(a) publish the matters specified in subsection (12) in such manner as they consider appropriate; and

(b) grant the licence to that person.

(12) The matters referred to in subsection (11)(a) are—

(a) the name of the person to whom the licence has been awarded and the amount of his cash bid;

(b) the name of every other applicant in whose case it appeared to [F51 OFCOM] that his proposed service would comply with the requirements [F52 that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i) the public service remit for that service,

(ii) programming quotas,

(iii) news and current affairs programmes, and

(iv) programme production and regional programming];

(c) where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, [F51 OFCOM] ’s reasons for the licence having been so awarded; and

(d) such other information as [F51 OFCOM] consider appropriate.

(13) In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (12) shall have effect as if—

(a) paragraph (b) were omitted; and

(b) the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.

(14) Subsections (1) to (9) shall not have effect as mentioned in subsection (10) if [F51 OFCOM] decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if [F51 OFCOM] decide that it would be desirable to publish a further notice under this Part in respect of the grant of a further licence to provide the service in question.

Textual Amendments

F51 Words in s. 17 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 9(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F52 Words in s. 17(12)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 9(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C19 Ss. 15-17A excluded (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C20 S. 17 applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 5(4)(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C21 S. 17(5)-(7) applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 222(5), 411(2) (with s. 222(11), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C22 S. 17(5)-(7) applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 216(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F53 17A Award of Channel 3 licence subject to conditions. U.K.

(1) [F54 OFCOM] may, when awarding a Channel 3 licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to—

(a) any duties which are or may be imposed on them, or on the licence holder, by or under this Act, and

(b) any information provided to them under section 15(3)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.

(2) Where [F54 OFCOM] determine that any condition imposed by them in relation to a Channel 3 licence in pursuance of subsection (1) has not been satisfied, section 17 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.

(3) Section 17 shall not so have effect if [F54 OFCOM] decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.]

Textual Amendments

F53 S. 17A inserted (1.10.1996) by 1996 c. 55, s. 86(1); S.I. 1996/2120, art. 4, Sch. 1

F54 Words in ss. 17A-19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 10 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C19 Ss. 15-17A excluded (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C23 S. 17A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 5(4)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

18 Failure to begin providing licensed service and financial penalties on revocation of licence. U.K.

(1) If at any time after a Channel 3 licence has been granted to any person but before the licence has come into force—

(a) that person indicates to [F54 OFCOM] that he does not intend to provide the service in question, or

(b) [F54 OFCOM] for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,

then, subject to subsection (2)—

(i) [F54 OFCOM] shall serve on him a notice revoking the licence as from the time the notice is served on him, and

(ii) section 17 shall (subject to section 17(14)) have effect as if he had not made an application for the licence.

(2) Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless [F54 OFCOM] have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(3) Where [F54 OFCOM] revoke a Channel 3 licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, [F55 a specified financial penalty].

[F56 (3A) The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).

(3B) In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—

(a) £500,000; and

(b) 7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.

(3C) In any other case, the maximum penalty is whichever is the greater of—

(a) £500,000; and

(b) 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.

(3D) [F57 Section 19(2) to (6)] [F57 Section 18A] applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.]

(5) Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 68(5), be recoverable by [F54 OFCOM] as a debt due to them from any person who controls that body.

Textual Amendments

F54 Words in ss. 17A-19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 10 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F55 Words in s. 18(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 2(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F56 S. 18(3A)-(3D) substituted for 18(4) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 2(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F57 Words in s. 18(3D) substituted (17.10.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 19(2), 55(3)(a); S.I. 2024/1033, reg. 2

Modifications etc. (not altering text)

C24 S. 18(3B)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C25 S. 18(3C)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C26 S. 18(3) modified (1.11.1996) by 1996 c. 55, s. 145(6)(a); S.I. 1996/2120, art. 4, Sch. 1; S.I. 1996/2120, art. 5, Sch. 2

[F58 18A Section 18: supplementary provision U.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

F58 S. 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)

C27 S. 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)

19 Additional payments to be made in respect of Channel 3 licences. U.K.

(1) A Channel 3 licence shall include conditions requiring the licence holder to pay to [F54 OFCOM] (in addition to any fees required to be so paid by virtue of section 4(1)(b))—

(a) in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

(b) in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

(c) in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 15(1)(d)(ii).

(2) For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—

(a) in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or

(b) in respect of charges made in that period for the reception of programmes included in that service.

(3) If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2)(a), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.

(4) In the case of an advertisement included under arrangements made between—

(a) the licence holder or any connected person, and

(b) a person acting as an advertising agent,

the amount of any receipt by the licence holder or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (5), be the amount of the payment by the advertiser after the deduction of [F54 OFCOM] .

(5) If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.

(6) If, in any accounting period of the licence holder, the licence holder or any connected person derives, in relation to any programme to be included in the licensed service, any financial benefit (whether direct or indirect) from payments made by any person, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the qualifying revenue for that accounting period shall be taken for the purposes of subsection (1)(c) to include the amount of the financial benefit so derived by the licence holder or the connected person, as the case may be.

(7) A Channel 3 licence may include conditions—

(a) enabling [F54 OFCOM] to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and

(b) requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

(8) Such a licence may in particular include conditions—

(a) authorising [F54 OFCOM] to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;

(b) providing for the adjustment of any overpayment or underpayment.

(9) Where—

(a) the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

(b) the last complete accounting period of his falling within the licence period does not end at the same time as that period,

any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.

(10) In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between—

(a) the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and

(b) the retail prices index for the month of November in the year preceding the relevant year;

and for this purpose “the retail prices index” means the general index of prices (for all items) published by the [F59 Statistics Board].

Textual Amendments

F54 Words in ss. 17A-19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 10 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F59 Words in s. 19(10) substituted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), s. 74(1), Sch. 3 para. 6(2); S.I. 2008/839, art. 2

Modifications etc. (not altering text)

C28 S. 19(2)-(6) applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 9 para. 8(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C29 S. 19(2)-(6) applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 237(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F60 20 Duration and renewal of Channel 3 licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 S. 20 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

21 Restriction on changes in control over Channel 3 licence holder. U.K.

(1) Where—

(a) any change in the persons having control over—

(i) a body to which a Channel 3 licence has been awarded or transferred in accordance with this Part of this Act, or

(ii) an associated programme provider,

takes place within the relevant period, and

(b) that change takes place without having been previously approved for the purposes of this section by [F61 OFCOM] ,

then (subject to subsection (4)) [F61 OFCOM] may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.

(2) In subsection (1)—

• “associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and [F62 is or is likely to be involved, to a substantial extent, in the provision of the programmes included] in the licensed service; and

• “the relevant period”, in relation to a Channel 3 licence, means the period beginning with the date of the award of the licence and ending on the first anniversary of the date of its coming into force;

and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as if a body to which a Channel 3 licence has been awarded but not yet granted were the holder of such a licence.

(3) [F61 OFCOM] shall refuse to approve for the purposes of this section such a change as is mentioned in subsection (1)(a)—

(a) if it appears to them that the change would be prejudicial to the provision under the licence, by the body referred to in subsection (1)(a)(i), of a service which accords with the proposals submitted under section 15(3)(b) by that body (or, as the case may be, by the person to whom the licence was originally awarded), or

(b) it appears to them that the change would be prejudicial to the provision of Channel 3 as such a nationwide system of services as is mentioned in section 14(1);

and [F61 OFCOM] may refuse so to approve any such change if, in any circumstances not falling within paragraph (a) or (b) above, they consider it appropriate to do so.

(4) [F61 OFCOM] shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.

(5) Where under subsection (1) [F61 OFCOM] refuse to grant a licence to any body, section 17 shall (subject to section 17(14)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 42 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.

Textual Amendments

F61 Words in s. 21 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 11(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F62 Words in s. 21(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 11(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F63 21A Variation of regional Channel 3 licence following change of control. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 S. 21A repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

22 Temporary provision of regional Channel 3 service for additional area. U.K.

(1) Where it appears to [F64 OFCOM] —

(a) that (whether as a result of the revocation of an existing regional Channel 3 licence or for any other reason) there will be, in the case of a particular area determined under section 14(2), a temporary lack of any regional Channel 3 service licensed to be provided for that area, but

(b) that it would be reasonably practicable for the holder of a licence to provide a regional Channel 3 service for any other such area to provide his licensed service for the area referred to in paragraph (a) as well,

[F64 OFCOM] may invite the holder of that licence temporarily to provide his licensed service for that additional area.

(2) If the holder of that licence agrees so to provide his licensed service, [F64 OFCOM] shall authorise the provision of that service for the additional area in question, during such period as they may determine, by means of a variation of the licence to that effect.

Textual Amendments

F64 Words in s. 22 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 12 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Channel 4 U.K.

Prospective

23 The Channel Four Television Corporation. U.K.

(1) There shall be a corporation to be called the Channel Four Television Corporation (in this Part referred to as “the Corporation”).

(2) The Corporation shall consist of—

(a) a chairman and a deputy chairman appointed by [F65 OFCOM] ; and

(b) such number of other members, not being less than eleven nor more than thirteen, as [F65 OFCOM] may from time to time determine.

(3) The other members referred to in subsection (2)(b) shall consist of—

(a) persons appointed by [F65 OFCOM] ; and

(b) ex-officio members of the Corporation;

and the total number of members appointed by [F65 OFCOM] under subsection (2)(a) and paragraph (a) above shall exceed the number of ex-officio members.

(4) Any appointment made by [F65 OFCOM] under subsection (2)(a) or (3)(a) shall require the approval of the Secretary of State.

(5) For the purposes of subsection (3) the following persons shall be ex-officio members of the Corporation, namely—

(a) the chief executive of the Corporation; and

(b) such other employees of the Corporation as may for the time being be nominated by the chief executive and the chairman of the Corporation acting jointly.

(6) Schedule 3 to this Act shall have effect with respect to the Corporation.

Textual Amendments

F65 Words in s. 23 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 13 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C30 S. 23: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 4 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F66 23A Sustainability duty of Corporation U.K.

(1) The Corporation must carry on their activities in the way that they have reasonable grounds to consider would be most likely to enable the Corporation, over the long term—

(a) to maintain or increase the amount of activity that is done in pursuance of their primary functions, and

(b) to be securely in a position to meet costs incurred in the carrying out of their primary functions.

(2) In this section, “primary functions” has the same meaning as in section 199(1) of the Communications Act 2003.]

Textual Amendments

F66 S. 23A inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 29(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(i)

24 Channel 4 to be provided by Corporation as licensed service. U.K.

(1) [F67 The Corporation must] secure the continued provision (subject to and in accordance with the provisions of this Part) of the television broadcasting service known as Channel 4.

(2) All the shares in the body corporate referred to in section 12(2) of the 1981 Act (activities to be carried on by subsidiary of Independent Broadcasting Authority) shall vest in the Corporation on 1st January 1993.

(3) Channel 4 shall be provided by the Corporation under a licence granted to them by [F68 OFCOM], and shall be so provided for so much of [F69 the United Kingdom] as may from time to time be reasonably practicable.

F70 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Words in s. 24(1) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(5), 47(1)

F68 Words in s. 24(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 14 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F69 Words in s. 24(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 2; S.I. 2024/858, reg. 2(1)(v)

F70 S. 24(4)(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F71 S. 24(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 199(3), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Prospective

F72 25 Conditions to be included in Channel 4 licence. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 S. 25 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F73 26 Revenue deficits of Corporation to be funded by Channel 3 licensees. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 S. 26 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 201, 411(2), Sch. 19(1) Note 1 6 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F74 27 Application of excess revenues of Corporation. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 S. 27 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 201, 411(2), Sch. 19(1) Note 1 6 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Channel 5 U.K.

28 Channel 5. U.K.

(1) [F75 OFCOM] shall do all that they can to secure the provision of a television broadcasting service for any such minimum area of the United Kingdom as may be determined by them in accordance with subsection (2); and any such service shall be known as Channel 5.

(2) In determining the minimum area of the United Kingdom for which Channel 5 is to be provided [F75 OFCOM] shall have regard to the following consideration, namely that the service should, so far as is reasonably practicable, make the most effective use of the frequencies on which it is to be provided.

(3) If [F75 OFCOM] so determine, Channel 5 shall be provided under a particular licence only between such times of the day or on such days of the week (or both) as they may determine.

(4) Where [F75 OFCOM] have granted a licence to provide Channel 5, they may, if it appears to them to be appropriate to do so in view of any lack of facilities available for transmitting the service, dispense with any requirement to provide the service for such part of the area referred to in subsection (2) as they may determine; and any such dispensation shall have effect for such period as they may determine.

Textual Amendments

F75 Words in s. 28 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 15 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

29 Application to Channel 5 of provisions relating to Channel 3. U.K.

(1) Subject to subsections (2) and (3), sections 15 to 21 shall apply in relation to a Channel 5 licence as they apply in relation to a regional Channel 3 licence.

(2) In its application in relation to a Channel 5 licence—

(a) section 15(1)(b)(i) shall be read as referring to any such minimum area of the United Kingdom as is determined by [F76 OFCOM] in accordance with section 28(2); F77 ...

F77 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Words in s. 29(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 16(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F77 S. 29(2)(b) and the word immediately preceding it repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 16(1)(a), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F78 S. 29(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 16(1)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 30 Initial Channel 5 licensee required to retune equipment susceptible to interference. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Provision of news programmes U.K.

F79 31 Provision of news on Channels 3 and 5. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 31A Appointment of news provider by holders of regional Channel 3 licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 32 Nomination of bodies to provide news for regional Channel 3 services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Miscellaneous provisions relating to Channels 3, 4 and 5 U.K.

F79 33 Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 34 Schools programmes. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 35 Subtitling for the deaf. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F79 36 Party political broadcasts. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Ss. 30-36 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 280(10), s. 296(11), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

37 Announcements of programme schedules. U.K.

(1) Any Channel 3 licence or licence to provide Channel 4 may include conditions requiring the licence holder to include in the licensed service such announcements concerning relevant programme schedules as [F80 OFCOM] may determine.

(2) In this section “relevant programme schedules” means—

(a) in relation to a Channel 3 licence, programme schedules for programmes to be broadcast on Channel 4 and, where any part of the area for which the licensed service is to be provided is in Wales, programme schedules for programmes to be broadcast on S4C [F81 Digital]; and

(b) in relation to the licence to provide Channel 4, programme schedules for programmes to be included in any Channel 3 service.

Textual Amendments

F80 Words in s. 37(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 17 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F81 Word in s. 37(2)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(b), Sch. 4 para. 2; S.I. 2024/858, reg. 2(1)(x)

38 Promotion of equal opportunities in relation to employment by licence holder. U.K.

(1) Any Channel 3 licence or licence to provide Channel 4 or Channel 5 shall include conditions requiring the licence holder—

(a) to make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups; and

(b) to review those arrangements from time to time.

(2) In subsection (1) “racial group” has the same meaning as in the M1 Race Relations Act 1976.

Marginal Citations

M1 1976 c. 74.

39 Networking arrangements between holders of regional Channel 3 licences. U.K.

(1) This section has effect with respect to the making of arrangements which—

(a) apply to all the holders of regional Channel 3 licences, and

(b) provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders of such licences to be available for broadcasting in all regional Channel 3 services,

being arrangements made for the purpose of enabling regional Channel 3 services (taken as a whole) to be a nationwide system of such services which is able to compete effectively with other television programme services provided in the United Kingdom; and any such arrangements are referred to in this section as “networking arrangements”.

(2) Any application for a regional Channel 3 licence shall, in addition to being accompanied by any such proposals as are mentioned in section 15(3)(b) to (e), be accompanied by the applicant’s proposals for participating in networking arrangements made under this section; and—

(a) where a person has duly made such an application, the Commission—

(i) shall, as soon as reasonably practicable after the closing date for applications for the licence, send details of his proposals for participating in such arrangements to the [F82 the Office of Fair Trading], and

(ii) (without prejudice to the operation of section 16(1)) shall not proceed to consider whether to award him the licence as mentioned in that provision unless it appears to the Commission that any such proposals are satisfactory; and

(b) section 33 shall apply to any such proposals as it applies to the proposals submitted by the applicant under section 15(3)(c) to (e).

(3) The Commission may publish, in such manner as they consider appropriate, general guidance to applicants for a regional Channel 3 licence as to the kinds of proposals which they would consider satisfactory for the purposes of subsection (2)(a); but before doing so the Commission—

(a) shall consult [F83 the Office of Fair Trading], and

(b) if [F84 it] requests them to make any change in the guidance, shall incorporate the change in the guidance.

(4) Each regional Channel 3 licence shall include conditions requiring the licence holder to do all that he can to secure—

(a) (in the case of a licence granted before the relevant date) that, by that date, networking arrangements have been made which—

(i) have been entered into by all the holders of regional Channel 3 licences, and

(ii) have been approved by the Commission; and

(b) (in any case) that, so long as he provides his licensed service, there are in force networking arrangements which have been so entered into and approved (unless there are for the time being in force any arrangements made by the Commission under subsection (5)).

(5) If—

(a) no such arrangements as are mentioned in subsection (4)(a) are made by the relevant date, or

(b) any such arrangements are so made but cease to be in force at any time before 1st January 1995,

the Commission may themselves draw up such networking arrangements as they consider appropriate; and, if they do so—

(i) they shall notify all the holders of regional Channel 3 licences of those arrangements, and

(ii) those arrangements shall (subject to subsection (6)) come into force on a date determined by the Commission;

and each regional Channel 3 licence shall include conditions requiring the licence holder to give effect to any arrangements made by the Commission under this subsection as for the time being in force.

(6) No arrangements made by the Commission under subsection (5) shall come into force at any time after 31st December 1994.

(7) Where—

(a) any such arrangements have come into force in accordance with subsection (6), but

(b) any networking arrangements are subsequently—

(i) entered into by all the holders of regional Channel 3 licences, and

(ii) approved by the Commission,

the arrangements referred to in paragraph (a) shall cease to have effect on the coming into force of the arrangements referred to in paragraph (b).

(8) Where any arrangements have been approved by the Commission under subsection (4) or (7)(b), no modification of those arrangements shall be made by the holders of regional Channel 3 licences unless it too has been so approved.

(9) Where any arrangements have been made by the Commission under subsection (5), they may (whether before or after the date specified in subsection (6)) make such modification of those arrangements as they consider appropriate; and, if they do so—

(a) they shall notify all the holders of regional Channel 3 licences of the modification, and

(b) the modification shall come into force on a date determined by the Commission.

[F85 (9A) The matters to which the Commission shall have regard in deciding whether to approve any arrangements or modification under subsection (4) or (8) include the likely effect of the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, on the ability of the holders of regional Channel 3 licences to maintain the quality and range—

(a) of the regional programmes (as defined by section 21A(9)) included in each regional Channel 3 service, and

(b) of the other programmes included in each service which contribute to the regional character of the service.]

F86 [(10) Without prejudice to the generality of their power to refuse to approve any arrangements or modification under subsection (4) or (8), the Commission shall refuse to do so if—

(a) they are not satisfied that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be appropriate for the purpose mentioned in subsection (1), or

(b) it appears to them that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be likely to prejudice the ability of the holder of any regional Channel 3 licence to comply with—

(i) any condition imposed in pursuance of section 33(1), for the purpose of securing the implementation of proposals relating to the matters specified in section 16(2)(c), or

(ii) any condition imposed in pursuance of subsection (3) of section 21A in relation to the matters specified in paragraph (a) of that subsection.]

(11) Where the Commission have—

(a) approved any arrangements or modification under subsection (4), (7)(b) or (8), or

(b) given with respect to any arrangements or modification the notification required by subsection (5)(i) or (9)(a),

they shall, as soon as reasonably practicable after giving their approval or (as the case may be) that notification—

(i) publish details of the arrangements or modification in such manner as they consider appropriate, and

(ii) comply with the appropriate requirement specified in subsection (12)(a) or (b).

(12) The appropriate requirement referred to in paragraph (ii) of subsection (11) is—

(a) in the case of any such arrangements as are referred to in paragraph (a) or (b) of that subsection, to refer those arrangements to [F87 the Office of Fair Trading], and

(b) in the case of any such modification as is so referred to, to inform [F88 it] of that modification;

and Schedule 4 to this Act shall have effect with respect to any reference made under paragraph (a) above and matters arising out of any such reference, including the subsequent modification of the arrangements to which it relates.

(13) In this section “the relevant date” means the date which the Commission determine to be that by which any such arrangements as are mentioned in subsection (4) would need to have been made by the holders of regional Channel 3 licences in order for the arrangements to be fully in operation at the time when those persons begin to provide their licensed services.

Textual Amendments

F82 Words in s. 39(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F83 Words in s. 39(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(3)(b)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F84 Word in s. 39(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(3)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F85 S. 39(9A) inserted (1.10.1996) by 1996 c. 55, s. 79(2) (with s. 43(1)(6); S.I. 1996/2120, art. 4 Sch. 1

F86 S. 39(10) substituted (1.10.1996) by 1996 c. 55, s. 79(3) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F87 Words in s. 39(12) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(3)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F88 Word in s. 39(12) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(3)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Enforcement of licences U.K.

40 Power to direct licensee to broadcast correction or [F89 a statement of findings] or not to repeat programme. U.K.

(1) If [F90 OFCOM] are satisfied—

(a) that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and

(b) that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or [F89 a statement of findings] (or both) under this subsection,

they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or [F89 a statement of findings] (or both) in such form, and at such time or times, as they may determine.

(2) [F90 OFCOM] shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(3) Where the holder of a licence includes a correction or [F89 a statement of findings] in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.

(4) If [F90 OFCOM] are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.

(5) This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.

[F91 (6) For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.]

Textual Amendments

F89 Words in s. 40 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F90 Words in ss. 40-42 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F91 S. 40(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C31 S. 40 applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 8(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C32 S. 40(1)-(4) applied (1.10.1996) by 1996 c. 55, s. 23(8) (with s. 43(1)(6)); S.I.1996/2120, art. 4, Sch.1

S. 40(1)-(4) applied (1.10.1996) by 1996 c. 55, s. 27(8) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

C33 S. 40(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 2(a) (with art. 5)

41 Power to impose financial penalty or shorten licence period. U.K.

(1) If [F90 OFCOM] are satisfied that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence or with any direction given by [F90 OFCOM] under or by virtue of any provision of this Part [F92 , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003], they may (subject to the following provisions of this section) serve on him—

(a) a notice requiring him to pay, within a specified period, a specified financial penalty to [F90 OFCOM]; or

(b) a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years.

[F93 (1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1)(a) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

[F94 (1C) Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.]]

[F94 (1C) Section 18A applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B), with any necessary modifications in relation to the holder of the Channel 5 licence.]

(3) [F90 OFCOM] shall not serve on any person such a notice as is mentioned in subsection (1)(a) or (b) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(4) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), [F90 OFCOM] may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

(5) It is hereby declared that any exercise by [F90 OFCOM] of their powers under subsection (1) of this section in respect of any failure to comply with any condition of a licence shall not preclude any exercise by them of their powers under section 40 in respect of that failure.

(6) This section shall apply in relation to Channel 4 as if—

(a) any reference to a Channel 3 licence were a reference to the licence to provide Channel 4; and

(b) subsection (1)(b) were omitted.

Textual Amendments

F90 Words in ss. 40-42 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F92 Words in s. 41(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F93 S. 41(1A)-(1C) substituted for s. 41(2) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 3(1)(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F94 S. 41(1C) substituted (17.10.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 19(4), 55(3)(a); S.I. 2024/1033, reg. 2

Modifications etc. (not altering text)

C34 S. 41(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(a) (with art. 5)

42 Power to revoke Channel 3 or 5 licence. U.K.

(1) If [F90 OFCOM] are satisfied—

(a) that the holder of a Channel 3 or Channel 5 licence is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part [F95 , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003], and

(b) that that failure is such that, if not remedied, it would justify the revocation of the licence,

they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).

(2) A notice under this subsection is a notice—

(a) stating that [F90 OFCOM] are satisfied as mentioned in subsection (1);

(b) specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and

(c) stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, [F90 OFCOM] will revoke his licence under subsection (3).

(3) If at the end of the period specified in a notice under subsection (2) [F90 OFCOM] are satisfied—

(a) that the person on whom the notice was served has failed to take the steps specified in it, and

(b) that it is necessary in the public interest to revoke his licence,

they shall (subject to subsection (8)) serve on that person a notice revoking his licence.

(4) If [F90 OFCOM] are satisfied in the case of any Channel 3 or Channel 5 licence—

(a) that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and

(b) that it is appropriate for them to do so,

they shall (subject to subsection (8)) serve on him a notice revoking his licence.

(5) If [F90 OFCOM] are satisfied—

(a) that the holder of a Channel 3 or Channel 5 licence provided them, in connection with his application for the licence, with information which was false in a material particular, or

(b) that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

they may (subject to subsection (8)) serve on him a notice revoking his licence.

(6) Subject to subsection (7), any notice served under subsection (3), (4) or (5) shall take effect as from the time when it is served on the licence holder.

(7) If it appears to [F90 OFCOM] to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.

(8) [F90 OFCOM] shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Textual Amendments

F90 Words in ss. 40-42 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F95 Words in s. 42(1)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C35 S. 42 modified (1.10.1996) by 1996 c. 55, s. 4(5)(6) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

C36 S. 42 extended (with modifications) (1.10.1996) by 1996 c. 55, s. 17(6) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

C37 S. 42 applied (with modifications) (1.10.1996) by 1996 c. 55, s. 23(8)(9) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

S. 42 applied (with modifications) (1.10.1996) by 1996 c. 55, s. 27(8)(9) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

S. 42 applied (1.10.1996) by 1996 c. 55, s. 27(8) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

C38 S. 42 applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 11 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C39 S. 42(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(b) (with art. 5)

F96 [Chapter IIA U.K. Restricted services

Textual Amendments

F96 Chapter heading and Ss. 42A, 42B inserted (1.4.1997) by 1996 c. 55, s. 85 (with s. 43(1)(6)); S.I. 1997/1005, art. 4

[F97 42A Restricted services. U.K.

In this Part “restricted service” means a service (or a dissociable section of a service) which consists in the broadcasting of television programmes for a particular establishment or other defined location, or a particular event, in the United Kingdom.]

Textual Amendments

F97 S. 42A substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 2(a)

42B Licensing etc. of restricted services. U.K.

(1) An application for a licence to provide a restricted service shall be made in such manner as [F98 OFCOM] may determine, and shall be accompanied by such fee (if any) as [F98 OFCOM] may determine.

(2) Subject to [F99 subsections (3) to (3C)], sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.

(3) In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of [F100 subsections (1A) to (1C)]; and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section [F101 is the maximum penalty given by subsection (3A).]

[F102 (3A) The maximum penalty is whichever is the greater of—

(a) £250,000; and

(b) 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(3B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

(3C) Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.]]

Textual Amendments

F98 Words in s. 42B(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 19 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F99 Words in s. 42B(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F100 Words in s. 42B(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F101 Words in s. 42B(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F102 Ss. 42B(3A)-(3C) substituted for 42B(4) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 4(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C40 S. 42B(3A)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F103 Chapter III U.K. Satellite Television Services

Textual Amendments

F103 Pt. I Ch. III repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F103 43 Satellite television services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103 F104 44 Licensing etc. of domestic satellite services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 S. 44 repealed (11.7.1997) by S.I. 1997/1682, arts. 1(2), 2, Sch. para. 4

F103 45 Licensing etc. of satellite television services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103 45A Special power of revocation and suspension on certain grounds in case of licence to provide satellite television service. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105 Chapter IV. U.K. Licensable Programme Services

Textual Amendments

F105 Pt. I Ch. IV repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F105 46 Licensable programme services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105 47 Licensing etc. of licensable programme services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V U.K. Additional Services Provided on Television Broadcasting Frequencies

48 Additional services. U.K.

(1) In this Part “additional service” means any service which consists in the sending of [F106 electronic] signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any television broadcasting service provided—[F107 on a relevant frequency].

(2) For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be—[F108 any part of the signals which—

(a) is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and

(b) is determined by OFCOM to be available for the provision of additional services;]

and references in this Part to spare capacity shall be construed accordingly.

[F109 (2A) For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.]

(3) [F110 OFCOM] shall, when determining under subsection [F111 (2)(b)] the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency, have regard—

[F112 (a) to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and

(aa) to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—

(i) are ancillary to programmes included in the service and directly related to their contents; or

(ii) relate to the promotion or listing of such programmes.]

(4) A person holding a licence to provide a Channel 3 service or Channel 4 or 5 shall be taken for the purposes of this Part to be authorised by his licence—

[F113 (a) to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and

(b) to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).]

F114 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115 (6) In this section—

“electronic signals” means signals within the meaning of section 32 of the Communications Act 2003;

“relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.]

Textual Amendments

F106 Words in s. 48(1) substituted (25.7.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(2)(a) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1

F107 Words in s. 48(1)substituted for s. 48(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(2)(b) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F108 Words in s. 48(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(3) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F109 S. 48(2A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(4) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F110 Words in s. 48(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(5)(a) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F111 Words in s. 48(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(5)(b) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F112 S. 48(3)(a)-(aa) substituted for s. 48(3)(a)-(c) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(5)(c) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F113 S. 48(4)(a)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(6) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F114 S. 48(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F115 S. 48(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 20(7) (with Sch. 15 para. 20(8), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

49 Licensing of additional services. U.K.

(1) Subject to subsection (2), [F116 OFCOM] shall do all that they can to secure that, in the case of each [F117 relevant frequency], all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by [F116 OFCOM] in accordance with this section.

F118 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.

(5) An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as [F116 OFCOM] may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.

(6) Subsection (5) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act.

(7) Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.

(8) Every licence under this Part to provide a television broadcasting service shall include such conditions as appear to [F116 OFCOM] to be appropriate for securing that the licence holder grants—

(a) to any person who holds a licence to provide additional services on the frequency on which that broadcasting service is provided, and

(b) to any person who is authorised by any such person as mentioned in subsection (5) to provide additional services on that frequency,

access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.

(9) Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (8) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by [F116 OFCOM] .

(10) In this Part “additional services licence” means a licence to provide additional services [F119 and “relevant frequency” has the same meaning as in section 48.]

Textual Amendments

F116 Words in s. 49 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F117 Words in s. 49(1) substituted for s. 49(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F118 S. 49(1A) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 3; S.I. 2024/858, reg. 2(1)(v)

F119 Words in s. 49(10) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

50 Applications for additional services licences. U.K.

(1) Where [F120 OFCOM] propose to grant a licence to provide additional services they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they propose to grant such a licence;

(b) specifying—

(i) the television broadcasting service or services on whose frequency or frequencies the services are to be provided, and

(ii) F121 ... the extent and nature of the spare capacity which is to be allocated by the licence;

(c) inviting applications for the licence and specifying the closing date for such applications; and

(d) specifying—

(i) the fee payable on any application made in pursuance of the notice, and

(ii) the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 52(1)(c) if he were granted the licence.

(2) [F120 OFCOM] may, if they think fit, specify under subsection (1)(d)(ii)—

(a) different percentages in relation to different accounting periods falling within the period for which the licence would be in force;

(b) a nil percentage in relation to any accounting period so falling.

(3) Any application made in pursuance of a notice under this section must be in writing and accompanied by—

(a) the fee specified in the notice under subsection (1)(d)(i);

(b) a technical plan indicating—

(i) the nature of any additional services which the applicant proposes to provide, and

(ii) so far as known to the applicant, the nature of any additional services which any other person proposes to provide in accordance with section 49(5);

(c) the applicant’s cash bid in respect of the licence; and

(d) such information as [F120 OFCOM] may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force.

(4) At any time after receiving such an application and before determining it [F120 OFCOM] may require the applicant to furnish additional information under subsection (3)(b) or (d).

(5) Any information to be furnished to [F120 OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6) [F120 OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

(a) the name of every person who has made an application to them in pursuance of the notice;

(b) particulars of the technical plan submitted by him under subsection (3)(b); and

(c) such other information connected with his application as [F120 OFCOM] consider appropriate.

F122 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Words in s. 50 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 22(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F121 Words in s. 50(1)(b)(ii) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 22(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F122 S. 50(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 22(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

51 Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences. U.K.

(1) Where a person has made an application for an additional services licence in accordance with section 50, [F123 OFCOM] shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them—

[F124 (a) that the technical plan submitted under section 50(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and]

(b) that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;

and any reference to an applicant in section 17 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to [F123 OFCOM] that the requirements of paragraphs (a) and (b) above are satisfied.

F125 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsection (4), [F126 section s17 and 17A] shall apply in relation to an additional services licence as [F126 they apply] in relation to a Channel 3 licence.

(4) In the application of section 17 in relation to an additional services licence—

(a) the provisions of subsection (4) down to the end of paragraph (b) shall be omitted;

(b) in subsection (7)(a), the reference to section 19(1) shall be construed as a reference to section 52(1); and

(c) subsection (12) shall have effect with the substitution of the following paragraph for paragraph (b)—

“(b) the name of every other applicant in whose case it appeared to [F123 OFCOM] that the requirement specified in section 51(1)(a) was satisfied;”.

(5) If at any time after an additional services licence has been granted to any person but before the licence has come into force—

(a) that person indicates to [F123 OFCOM] that none of the services in question will be provided once the licence has come into force, or

(b) [F123 OFCOM] for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

(i) [F123 OFCOM] shall serve on him a notice revoking the licence as from the time the notice is served on him, and

(ii) section 17 (as applied by subsection (3) above) shall, subject to section 17(14), have effect as if he had not made an application for the licence.

(6) Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless [F123 OFCOM] have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

F127 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Words in s. 51 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 23(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F124 S. 51(1)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 23(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F125 S. 51(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 23(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F126 Words in S. 51(3) substituted (1.10.1996) by 1996 c. 55, s. 86(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F127 S. 51(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 23(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

52 Additional payments to be made in respect of additional services licences. U.K.

(1) An additional services licence shall include conditions requiring the licence holder to pay to [F128 OFCOM] (in addition to any fees required to be so paid by virtue of section 4(1)(b))—

(a) in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

(b) in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

(c) in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 50(1)(d)(ii).

(2) For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall consist of all amounts which are received or to be received by him or by any connected person and are referable to the right under his licence to use, or to authorise any other person to use, in that period the spare capacity allocated by the licence.

(3) An additional services licence may include conditions—

(a) enabling [F128 OFCOM] to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and

(b) requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

(4) Such a licence may in particular include conditions—

(a) authorising [F128 OFCOM] to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;

(b) providing for the adjustment of any overpayment or underpayment.

(5) Where—

(a) the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

(b) the last complete accounting period of his falling within the licence period does not end at the same time as that period,

any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.

Textual Amendments

F128 Words in s. 52 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 24 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

53 Duration of licences, and renewal of licences for provision of services on assigned frequencies. U.K.

(1) [F129 A licence to provide additional services on a frequency which is a relevant frequency for the purposes of section 48 or (in the case of a licence granted before the television transfer date) was assigned under section 65—]

(a) shall, subject to the provisions of this Part, continue in force for a period of ten years, and

(b) may (subject to the following provisions of this section) be renewed on one or more occasions for a period of ten years beginning with the date of renewal.

(2) An application for the renewal of a licence under subsection (1) may be made by the licence holder not earlier than four years before the date on which it would otherwise cease to be in force and not later than [F130 the day falling three months before] the relevant date.

F131 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an application is made for the renewal of a licence under subsection (1) F132 ..., [F133 OFCOM] may postpone the consideration of it by them for as long as they think appropriate having regard to subsection (9).

(5) Where an application for the renewal of an additional services licence has been duly made to [F133 OFCOM], they may only (subject to subsection (6)) refuse the application if—

(a) they are not satisfied that any additional service specified in the technical plan submitted under section 50(3)(b) would, if the licence were renewed, be provided as proposed in that plan, or

(b) they propose to grant a fresh additional services licence for the provision of any additional service which would differ in any material respect from any such service authorised to be provided under the applicant’s licence, or

(c) they propose to determine that all or part of the spare capacity allocated by the licence is to cease to be available for the provision of additional services in order that it may be used by any relevant person for the purpose of enhancing the technical quality of his television broadcasting service;

and in paragraph (c) “relevant person” means the person providing a television broadcasting service on whose frequency the licensed service has been provided.

(6) Section 17(5) to (7) shall apply in relation to an applicant for the renewal of an additional services licence as those provisions apply in relation to such an applicant as is mentioned in section 17(5), but as if—

(a) any reference to the awarding of a Channel 3 licence to the applicant were a reference to the renewal of the applicant’s licence under this section; and

(b) in section 17(7), the reference to section 19(1) were a reference to section 52(1).

(7) On the grant of any such application [F133 OFCOM] —

(a) shall determine an amount which is to be payable to [F133 OFCOM] by the licence holder in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and

(b) may specify a different percentage from that specified under section 50(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 52(1)(c) during the period for which the licence is to be renewed;

and [F133 OFCOM] may specify under paragraph (b) either of the things mentioned in section 50(2).

(8) The amount determined by [F133 OFCOM] under subsection (7)(a) in connection with the renewal of a licence shall be such amount as would, in their opinion, be [F134 the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 50(3).]

[F135 (8A) For the purposes of subsection (7)(b)—

(a) different percentages may be specified for different accounting periods; and

(b) the percentages that may be specified for an accounting period include a nil percentage.]

(9) Where [F133 OFCOM] have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable, as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—

(a) the amount determined by them under subsection (7)(a), and

(b) any percentage specified by them under subsection (7)(b),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

(10) Where an additional services licence is renewed under this section—

(a) any conditions included in it in pursuance of section 52 shall have effect during the period for which the licence has been renewed—

(i) as if the amount determined by [F133 OFCOM] under subsection (7)(a) above were an amount specified in a cash bid submitted by the licence holder, and

(ii) subject to any determination made under subsection (7)(b) above; and

(b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which an additional services licence is originally in force.

(11) In this section “the relevant date”, in relation to an additional services licence, means the date which [F133 OFCOM] determine to be that by which they would need to publish a notice under section 50 if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the additional services formerly provided under that licence.

[F136 (12) A determination for the purposes of subsection (11)—

(a) must be made at least one year before the date determined; and

(b) must be notified by OFCOM to the person who holds the licence in question.

(13) In this section “the television transfer date” has the same meaning as in the Communications Act 2003.]

Textual Amendments

F129 Words in s. 53(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F130 Words in s. 53(2) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F131 S. 53(3) repealed (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para.8

F132 Words in s. 53(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F133 Words in s. 53(4)-(11) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F134 Words in s. 53(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F135 S. 53(8A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F136 S. 53(12)(13) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 25(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C41 S. 53(2) modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 50(3)-(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C42 S. 53(12) restricted (29.12.2003) by Communications Act 2003 (c. 21), para. 50(2)(a), (6), s. 411(2), Sch. 18 para. 50(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

54 Additional services not to interfere with other transmissions. U.K.

(1) An additional services licence may include such conditions as [F137 OFCOM] consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—

(a) the television broadcasting service or services on whose frequency or frequencies it is provided, or

(b) any other wireless telegraphy transmissions.

F138 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Words in s. 54(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 26(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F138 S. 54(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 26(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

55 Enforcement of additional services licences. U.K.

(1) If [F139 OFCOM] are satisfied that the holder of an additional services licence has failed to comply with any condition of the licence or with any direction given by [F139 OFCOM] under or by virtue of any provision of this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified period, a specified financial penalty to [F139 OFCOM].

[F140 (1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

(1C) Section 52(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.]

(3) [F139 OFCOM] shall not serve on any person a notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(4) Section 42 shall apply in relation to an additional services licence as it applies in relation to a licence to provide a Channel 3 service, but with the omission of subsection (7) [F141 and, in the case of a licence renewed under section 53 as if the reference in section 42(4) to the end of the period for which the licence is to continue in force were a reference to the end of the period for which it has been renewed.]

Textual Amendments

F139 Words in s. 55 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 27(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F140 S. 55(1A)-(1C) substituted for S. 55(2) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F141 Words in s. 55(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 27(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C43 S. 55(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(c) (with art. 5)

Chapter VI U.K. Television Broadcasting by Welsh Authority

56 Welsh Authority to continue in existence as Sianel Pedwar Cymru. U.K.

(1) The authority which at the commencement of this section is called the Welsh Fourth Channel Authority shall continue in existence as a body corporate but—

(a) shall be known as Sianel Pedwar Cymru (or S4C); and

(b) shall be constituted in accordance with F142 ... this Act;

F143 ...

[F144 (2) The members of the S4C Board (see section 56A and Schedule 6A) are to be the members of S4C, but membership of S4C does not enable any person to act otherwise than through the S4C Board.]

(3) Schedule 6 to this Act shall have effect with respect to [F145 S4C].

Textual Amendments

F142 Words in s. 56(1)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F143 Words in s. 56(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 3(2); S.I. 2024/858, reg. 2(1)(x)

F144 S. 56(2) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 33(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(k)

F145 Word in s. 56(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 3(3); S.I. 2024/858, reg. 2(1)(x)

[F146 56A The S4C Board U.K.

(1) A Board of S4C is established.

(2) That Board—

(a) is to be known as the S4C Board or (in Welsh) Bwrdd S4C, and

(b) is to be constituted in accordance with this Act.

(3) Except where otherwise provided by or under any enactment, the duties and powers of S4C are to be discharged and exercised by the S4C Board on behalf of S4C.

(4) Schedule 6A makes further provision about the S4C Board.]

Textual Amendments

F146 S. 56A inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 33(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(k)

F147 57 Function and duties of Welsh Authority. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147 S. 57 repealed (29.12.2003) by Communications Act 2003 (c. 21), 206(8), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

58 Sources of programmes for S4C. U.K.

[F148 (1) The BBC must provide to S4C (free of charge) sufficient television programmes in Welsh to occupy not less than ten hours’ transmission time per week, in a way that meets the reasonable requirements of S4C.

(1A) The duty in subsection (1) does not apply during any period for which the BBC and S4C agree in writing to put in place alternative arrangements that contribute to S4C fulfilling its public service remit.

(1B) If the BBC and S4C make an agreement under subsection (1A) the BBC must, as soon as reasonably practicable, publish the terms of the agreement.

(1C) The BBC must exclude from publication any information which it or S4C considers—

(a) constitutes a trade secret, or

(b) would be likely, if published, to prejudice the commercial interests of any person,

unless the BBC and S4C consider that there is an overriding public interest in publishing the information.]

F149 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F150 S4C] shall publish, in such manner as they consider appropriate, advance notice of the programme schedules for the programmes to be broadcast [F151 on S4C Digital].

[F152 (6) In this section “programme” does not include an advertisement.]

Textual Amendments

F148 S. 58(1)-(1C) substituted for s. 58(1)(1A) (23.8.2024) by Media Act 2024 (c. 15), ss. 35(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F149 S. 58(2)-(4) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), ss. 35(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F150 Word in s. 58(5) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 35(4)(a), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F151 Words in s. 58(5) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 35(4)(b), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F152 S. 58(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 28(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C44 S. 58(5) applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F153 59 Requirements to be complied with in relation to S4C programmes. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153 S. 59 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

60 Advertising on S4C. U.K.

F154 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F155 S4C] shall—

(a) from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be broadcast on S4C [F156 Digital] and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of S4C [F157 Digital];

[F158 (aa) from time to time consult the Secretary of State as to the forms and methods of product placement that should not be employed in the provision of S4C [F159 Digital] (including the descriptions of products, services or trade marks for which product placement should not be employed);] and

(b) carry out any directions which he may give to them in respect of such matters.

(5) [F160 S4C] shall not act as an advertising agent.

F161 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 S. 60(1)-(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F155 Word in s. 60(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 4(2); S.I. 2024/858, reg. 2(1)(x)

F156 Word in s. 60(4)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 4(3); S.I. 2024/858, reg. 2(1)(x)

F157 Word in s. 60(4)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 4(4); S.I. 2024/858, reg. 2(1)(x)

F158 S. 60(4)(aa) inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 10(1)

F159 Word in s. 60(4)(aa) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 4(4); S.I. 2024/858, reg. 2(1)(x)

F160 Word in s. 60(5) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 4(2); S.I. 2024/858, reg. 2(1)(x)

F161 S. 60(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C45 S. 60 applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

[F162 61 Funding of [F163 S4C]. U.K.

(1) The Secretary of State shall secure that in 2012 and each subsequent year [F164 S4C] are paid an amount which he considers sufficient to cover the cost to [F165 S4C] during that year of—

(a) providing the Authority's public services (within the meaning of section 207 of the Communications Act 2003), and

(b) arranging for the broadcasting or distribution of those services.

(2) The Secretary of State may discharge the duty in subsection (1) by making payments himself or entering into an agreement with another person for that person to do so (or both).

(3) If under this section [F166 S4C] are paid an amount for any year which exceeds the cost referred to in subsection (1), [F167 S4C] may pay the difference from the public service fund referred to in section 61A to the person (or pro rata to the persons) from whom payments were received.

(4) Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament.]

Textual Amendments

F162 S. 61 substituted (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 31, 38(1)

F163 Word in s. 61 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 5(4); S.I. 2024/858, reg. 2(1)(x)

F164 Word in s. 61(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 5(2)(a); S.I. 2024/858, reg. 2(1)(x)

F165 Word in s. 61(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 5(2)(b); S.I. 2024/858, reg. 2(1)(x)

F166 Word in s. 61(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 5(3)(a); S.I. 2024/858, reg. 2(1)(x)

F167 Word in s. 61(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 5(3)(b); S.I. 2024/858, reg. 2(1)(x)

[F168 61A [F169 S4C] public service fund. U.K.

F170 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) All amounts received by [F171 S4C] under section 61 F172 ... shall be kept by [F173 S4C] in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of [F174 their functions in relation to the provision of the services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003).]

(3) No S4C company shall receive any direct or indirect subsidy from the public service fund.

(4) [F175 S4C] shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast [F176 on a television programme service that is one of their public services (within the meaning of section 207 of the Communications Act 2003)].

F177 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F168 S. 61A inserted (1.10.1996) by 1996 c. 55, s. 81(1); S.I. 1996/2120, art. 4 Sch. 1

F169 Word in s. 61A heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 6(5); S.I. 2024/858, reg. 2(1)(x)

F170 S. 61A(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F171 Word in s. 61A(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 6(2)(a); S.I. 2024/858, reg. 2(1)(x)

F172 Words in s. 61A(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F173 Word in s. 61A(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 6(2)(b); S.I. 2024/858, reg. 2(1)(x)

F174 Words in s. 61A(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 207(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F175 Word in s. 61A(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 6(3)(a); S.I. 2024/858, reg. 2(1)(x)

F176 Words in s. 61A(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 207(8)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F177 S. 61A(5)(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F178 62 Information to be supplied to Commission by Welsh Authority. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178 S. 62 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

63 Government control over S4C. U.K.

(1) If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require [F179 S4C] to broadcast, at such times as may be specified in the notice, any announcement specified in the notice, with or without visual images of any picture, scene or object mentioned in the announcement; and it shall be the duty of [F180 S4C] to comply with the notice.

(2) Where [F181 S4C] broadcast any announcement in pursuance of a notice under subsection (1), they may announce that they are doing so in pursuance of such a notice.

(3) The Secretary of State may at any time by notice require [F182 S4C] to refrain from broadcasting any matter or classes of matter specified in the notice; and it shall be the duty of [F183 S4C] to comply with the notice.

(4) Where the Secretary of State has given [F184 S4C] a notice under subsection (3), [F185 S4C] may broadcast an announcement of the giving of the notice or, when it has been revoked or has expired, of its revocation or expiration.

(5) The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.

Textual Amendments

F179 Word in s. 63(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(2); S.I. 2024/858, reg. 2(1)(x)

F180 Word in s. 63(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(3); S.I. 2024/858, reg. 2(1)(x)

F181 Word in s. 63(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(2); S.I. 2024/858, reg. 2(1)(x)

F182 Word in s. 63(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(2); S.I. 2024/858, reg. 2(1)(x)

F183 Word in s. 63(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(3); S.I. 2024/858, reg. 2(1)(x)

F184 Word in s. 63(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(2); S.I. 2024/858, reg. 2(1)(x)

F185 Word in s. 63(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 7(3); S.I. 2024/858, reg. 2(1)(x)

64 Audience research by [F186 S4C]. U.K.

(1) [F187 S4C] shall make arrangements for ascertaining—

(a) the state of public opinion concerning programmes broadcast on S4C [F188 Digital];

(b) any effects of such programmes on the attitudes or behaviour of persons who watch them; and

(c) the types of programme that members of the public would like to be broadcast on S4C [F189 Digital].

(2) Those arrangements shall—

(a) secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of [F190 S4C]; and

(b) include provision for full consideration by [F191 S4C] of the results of any such research.

Textual Amendments

F186 Word in s. 64 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(5); S.I. 2024/858, reg. 2(1)(x)

F187 Word in s. 64(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(2)(a); S.I. 2024/858, reg. 2(1)(x)

F188 Word in s. 64(1)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(2)(b); S.I. 2024/858, reg. 2(1)(x)

F189 Word in s. 64(1)(c) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(2)(b); S.I. 2024/858, reg. 2(1)(x)

F190 Word in s. 64(2)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(3); S.I. 2024/858, reg. 2(1)(x)

F191 Word in s. 64(2)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 8(4); S.I. 2024/858, reg. 2(1)(x)

Modifications etc. (not altering text)

C46 S. 64 applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

Chapter VII U.K. Supplemental

F192 65 Assignment of frequencies by Secretary of State. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192 S. 65 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

66 Requirements relating to transmission and distribution of services. U.K.

(1) During such period as the Secretary of State may by order specify, all Channel 3 services shall be broadcast [F193 so as to be available for reception by members of the public] by a single person under arrangements made with him by the persons licensed to provide those services; and every Channel 3 licence shall include such conditions as appear to [F194 OFCOM] to be appropriate—

(a) for securing that result and

(b) for securing that the costs incurred in respect of the broadcasting of those services (taken as a whole) during that period in accordance with those arrangements are shared by those persons in such manner as may be approved by the Secretary of State.

(2) Any Channel 3 licence shall include such conditions as appear to [F194 OFCOM] to be appropriate for securing that the costs incurred in respect of the distribution of Channel 3 services (taken as a whole) during such period as the Secretary of State may by order specify are shared by the persons licensed to provide those services in such manner as may be approved by the Secretary of State. In this subsection “distribution”, in relation to Channel 3 services, means the conveyance of those services (by whatever means and whether directly or indirectly) to the broadcasting stations from which they are broadcast [F193 so as to be available for reception by members of the public].

[F195 (2A) In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003]

(3) The Secretary of State may, at any time during the period referred to in subsection (1) or (2), by order provide for that period to be extended by such further period as is specified in the order; and any conditions included in a Channel 3 licence in pursuance of that subsection shall accordingly, in any such case, have effect in relation to that period as so extended.

(4) Any Channel 3 licence or licence to provide Channel 4 or 5 shall include such conditions as appear to [F194 OFCOM] to be appropriate for requiring the signals carrying the licensed service to attain high standards in terms of technical quality and reliability throughout so much of the relevant area as is for the time being reasonably practicable.

(5) Before imposing any conditions in pursuance of subsection (4) [F194 OFCOM] shall consult the Secretary of State as to how much of the relevant area is to be specified in the conditions as the area throughout which the required standards are to be attained.

(6) In subsections (4) and (5) “the relevant area”—

(a) in relation to a Channel 3 or Channel 5 licence, means the area for which the licensed service is to be provided; and

(b) in relation to the licence to provide Channel 4, means [F196 the United Kingdom].

(7) [F197 S4C] shall do all that they can to ensure that the signals carrying S4C [F198 Digital] attain high standards in terms of technical quality and reliability throughout so much of [F199 the United Kingdom] as is for the time being reasonably practicable.

(8) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F193 Words in s. 66(1)(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 29(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F194 Words in s. 66 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 29(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F195 S. 66(2A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 29(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F196 Words in s. 66(6)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 4; S.I. 2024/858, reg. 2(1)(v)

F197 Word in s. 66(7) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 9(a); S.I. 2024/858, reg. 2(1)(x)

F198 Word in s. 66(7) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 9(b); S.I. 2024/858, reg. 2(1)(x)

F199 Words in s. 66(7) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 9(c); S.I. 2024/858, reg. 2(1)(x)

[F200 66A Enforcement of licences held by BBC companies. U.K.

(1) Where [F201 OFCOM] —

(a) give a direction to a BBC company under section 40(1),

(b) serve a notice on a BBC company under any provision of section 41 or 42, or

(c) receive any written representations from a BBC company under section 40(2), 41(3) or 42(8),

[F201 OFCOM] shall send a copy of the direction, notice or representations to the Secretary of State.

(2) References in subsection (1) to any of the provisions of sections 40 to 42 are references to that provision as applied—

(a) by section 42B(2), in relation to a licence to provide a restricted service,

F202 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) by section 55(4), in relation to an additional services licence.]

Textual Amendments

F200 S. 66A inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1)(f), Sch. 8 para. 3; (with s. 43(1)(6))

F201 Words in s. 66A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 30 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F202 S. 66A(2)(b) omitted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 9(a)

F203 S. 66A(2)(c)(d) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

67 Computation of qualifying revenue. U.K.

Part I of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part and Part II) shall have effect.

F204 68 Certain receipts of Commission to be paid into Consolidated Fund. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 Ss. 68-70 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F204 69 Frequency planning and research and development. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 Ss. 68-70 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F204 70 Representation by Commission of Government and other interests in connection with broadcasting matters. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 Ss. 68-70 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

71 Interpretation of Part I. U.K.

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

• “the 1981 Act” means the M2 Broadcasting Act 1981;

• “additional service” and “additional services licence” have the meaning given by section 48(1) and section 49(10) respectively;

• “the appropriate percentage”, in relation to any year, has the meaning given by section 19(10);

• “cash bid”, in relation to a licence, has the meaning given by section 15(7);

• “Channel 3” means the system of television broadcasting services established F205 ... under section 14, and “a Channel 3 licence” means a licence to provide one of the services comprised within that system;

• “Channel 4” means the television broadcasting service referred to in section 24(1), and “on Channel 4” means in that service;

• “Channel 5” means the television broadcasting service referred to in section 28(1), and “a Channel 5 licence” means a licence to provide that service;

• F205 ...

• “the Corporation” means the Channel Four Television Corporation established by section 23;

• F206 . . .

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

• F205 ...

• “national Channel 3 service” has the meaning given by section 14(6), and “a national Channel 3 licence” means a licence to provide a national Channel 3 service;

• F206 . . .

• “regional Channel 3 service” has the meaning given by section 14(6), and “a regional Channel 3 licence” means a licence to provide a regional Channel 3 service;

• [F207 “restricted service” has the meaning given by section 42A;]

• [F208 F209 ...[F210 “S4C Digital” F211 ...] has the same meaning as in Part 3 of the Communications Act 2003;]

• F205 ...

• “spare capacity” shall be construed in accordance with section 48(2);

• [F212 “television broadcasting service”, “television licensable content service” and “television programme service” each has the same meaning as in Part 3 of the Communications Act 2003;]

(2) 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

F205 Words in s. 71(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F206 Definitions in s. 71(1) omitted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 10(a)

F207 Definition in s. 71 inserted (1.4.1997) by 1996 c. 55, s. 148(1), Sch. 10 Pt. II para. 17 (with s. 43(1)(6)); S.I. 1997/1005, art. 4

F208 Words in s. 71 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 31(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F209 Words in s. 71(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 10(a); S.I. 2024/858, reg. 2(1)(x)

F210 Words in s. 71(1) inserted (12.8.2009) by The Welsh Authority (Digital Switchover) Order 2009 (S.I. 2009/1968), arts. 1, 4(3)

F211 Word in s. 71(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 10(b); S.I. 2024/858, reg. 2(1)(x)

F212 Words in s. 71 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 31(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Marginal Citations

M2 1981 c. 68.

F213 Part II U.K. Local Delivery Services

Textual Amendments

F213 Pt. II repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F213 Preliminary U.K.

F213 72 Local delivery services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 Licensing of local delivery services U.K.

F213 73 Licensing of local delivery services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 74 Applications for local delivery licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 75 Procedure to be followed by Commission in connection with consideration of applications for licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 76 Award of licence to person submitting highest cash bid. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 76A Award of local delivery licence subject to conditions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 77 Additional payments to be made in respect of local delivery licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 78 Duration and renewal of local delivery licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 78A Inclusion of certain services in local delivery service provided by digital means. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 Regulation of delivery of certain programmes U.K.

F213 79 Regulation of delivery of programmes provided by licence holder and foreign satellite programmes. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 80 Directions requiring licence holder to cease relaying foreign television programmes. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 Enforcement of licences U.K.

F213 81 Enforcement of local delivery licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 Prohibition on providing unlicensed local delivery services U.K.

F213 82 Prohibition on providing local delivery services without a licence. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III U.K. Independent Radio Services

Modifications etc. (not altering text)

C47 Pt. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Chapter I U.K. Regulation by Authority of Independent Radio Services Generally

Establishment of Radio Authority U.K.

F214 83 The Radio Authority. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 S. 83 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Function of Authority U.K.

F215 84 Regulation by Authority of independent radio services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F215 S. 84 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

85 Licensing functions of Authority. U.K.

(1) F216 ... [F217 OFCOM] may, in accordance with the following provisions of this Part, grant [F218 licences to provide relevant independent radio services].

F219 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F220 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F220 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F222 (8) In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—

(a) sound broadcasting services;

(b) radio licensable content services;

(c) additional radio services.]

Textual Amendments

F216 Words in s. 85(1) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(2)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F217 Words in s. 85(1)(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 32(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F218 Words in s. 85(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 32(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F219 S. 85(2) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F220 S. 85(3)(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 32(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F221 S. 85(5)-(7) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F222 S. 85(8) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 32(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General provisions about licences U.K.

86 Licences under Part III. U.K.

(1) A licence shall be in writing and (subject to the provisions of this Part) shall continue in force [F223 (subject to a suspension of the licence under section 111B)—

(a) in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and

(b) in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.]

(2) A licence may be granted by [F224 OFCOM] for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified; and (without prejudice to the generality of the preceding provision) a licence may be so granted for the provision of a service which to any extent consists in the simultaneous broadcasting of different programmes on different frequencies.

[F225 (3) A licence to provide a local or national service or to provide an additional service must specify a period of no more than twelve years as the period for which it is to be in force.]

(4) [F224 OFCOM] —

(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).

[F226 (4A) Where [F224 OFCOM] are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.]

(5) [F224 OFCOM] may vary a licence by a notice served on the licence holder if—

(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to [F224 OFCOM] about the variation.

(6) Paragraph (a) of subsection (5) does not affect the operation of [F227 section 97B [F228 , 105A] or 110(1)(b)]; and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).

(7) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of [F224 OFCOM] .

(8) Without prejudice to the generality of subsection (7), [F224 OFCOM] shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

[F229 (9) The holding of a licence by a person shall not relieve him of—

(a) any liability in respect of a failure to hold [F230 a licence under section 8 of the Wireless Telegraphy Act 2006]; or

(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]

Textual Amendments

F223 Words in s. 86(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F224 Words in s. 86 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F225 S. 86(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F226 S. 86(4A) inserted (24.7.1996) by 1996 c. 55, s. 136, 149(1)(f), Sch. 8 para. 5 (with s. 43(1)(6))

F227 Words in s. 86(6) substituted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 30(1), 47(2)(b)

F228 Words in s. 86(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 33(1), 47(1)

F229 S. 86(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F230 Words in s. 86(9)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 11

87 General licence conditions. U.K.

(1) A licence may include—

(a) such conditions as appear to [F231 OFCOM] to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act [F232 , the Broadcasting Act 1996 or the Communications Act 2003];

(b) conditions enabling [F231 OFCOM] to supervise and enforce technical standards in connection with the provision of the licensed service;

(c) conditions requiring the payment by the licence holder to [F231 OFCOM] (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

(d) conditions requiring the licence holder to furnish [F231 OFCOM], in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act [F233 , the Broadcasting Act 1996 or the Communications Act 2003];

(e) conditions requiring the licence holder, if found by [F231 OFCOM] to be in breach of any condition of his licence, to reimburse to [F231 OFCOM], in such circumstances as are specified in any conditions, any costs reasonably incurred by them in connection with the breach of that condition;

(f) conditions providing for such incidental and supplemental matters as appear to [F231 OFCOM] to be appropriate.

(2) A licence may in particular include—

(a) conditions requiring the licence holder—

(i) to comply with any direction given by [F231 OFCOM] as to such matters as are specified in the licence or are of a description so specified, or

(ii) (except to the extent that [F231 OFCOM] consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified; and

(b) conditions requiring the licence holder to permit—

(i) any employee of, or person authorised by, [F231 OFCOM], F234 ...

F234 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to enter any premises which are used in connection with the broadcasting of the licensed service and to inspect, examine, operate or test any equipment on the premises which is used in that connection.

(3) The fees required to be paid to [F231 OFCOM] by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by [F231 OFCOM]; F235 ...

(4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and [F231 OFCOM] shall publish every such tariff in such manner as they consider appropriate.

(5) Where the holder of any licence—

(a) is required by virtue of any condition imposed under this Part to provide [F231 OFCOM] with any information, and

(b) in purported compliance with that condition provides them with any information which is false in a material particular,

he shall be taken for the purposes of sections 110 and 111 to have failed to comply with that condition.

(6) Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

Textual Amendments

F231 Words in s. 87 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 34(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F232 Words in s. 87(1)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 34(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F233 Words in s. 87(1)(d) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 34(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F234 S. 87(2)(b)(ii) and the word immediately preceding it repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 34(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F235 Words in s. 87(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 34(5), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C48 S. 87(1)(d) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), arts. 1, 10(1)(a)(2)(a) (with art. 5)

88 Restrictions on the holding of licences. U.K.

(1) [F236 OFCOM] shall do all that they can to secure—

(a) that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

[F237 (b) that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

(c) that those requirements are not contravened in the case of a person who already holds a licence.]

(2) [F236 OFCOM] may accordingly—

(a) require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—

(i) whether he is such a disqualified person as is mentioned in subsection (1)(a),

(ii) whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and

(iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;

(b) revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

(c) make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

(d) impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting—

(i) shareholdings in the body, or

(ii) the directors of the body,

where such proposals are known to the body;

[F238 (da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i) shareholdings in the body; or

(ii) the directors of the body;

(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;]

(e) impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.

[F239 (2A) Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, [F236 OFCOM] shall give the Secretary of State notice of their intention to do so, specifying the relevant change.]

(3) Where [F236 OFCOM] —

(a) revoke the award of any licence in pursuance of subsection (2)(b), or

(b) determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.

(4) Those provisions shall not so have effect if [F236 OFCOM] decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

(5) Every licence shall include such conditions as [F236 OFCOM] consider necessary or expedient to ensure that where—

(a) the holder of the licence is a body, and

(b) a relevant change takes place after the grant of the licence,

[F236 OFCOM] may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.

[F240 (6) The Commission shall not serve any such notice on the licence holder unless—

(a) the Commission have notified him of the matters [F241 constituting their grounds for revoking the licence] and given him a reasonable opportunity of making representations to them about those matters, and

(b) in a case where the relevant change is one falling within subsection (6A)—

(i) they have also given him an opportunity of complying with [F242 the requirements imposed by or under Schedule 14 to the Communications Act 2003] within a period specified in the notification, and

(ii) the period specified in the notification has elapsed.

(6A) A relevant change falls within this subsection if it consists only in one or more of the following—

F243 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a change in the national market share (within the meaning of [F244 Part 1 of Schedule 14 to the Communications Act 2003]) of one or more national newspapers (within the meaning of that Part of that Schedule);

(c) a change in the local market share (within the meaning of [F245 section 5]) in a particular area of one or more local newspapers (within the meaning of [F246 Part 1 of Schedule 14 to the Communications Act 2003]).

F247 (6B)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F248 (6C) [F236 OFCOM] shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change.

(6D) Where [F236 OFCOM] receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.]

(7) In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means—

(a) any change affecting the nature or characteristics of the body, or

(b) any change in the persons having control over or interests in the body, [F249 or

(c) any other change giving rise to [F250 a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003,]]

being [F251 (in any case)] a change which is such that, if it fell to [F236 OFCOM] to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.

Textual Amendments

F236 Words in s. 88 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F237 S. 88(1)(b)(c) substituted for s. 88(1)(b) (29.12.2003) by Communications Act 2003 (c. 21), ss. 350(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F238 S. 88(2)(da)(db) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F239 S. 88(2A) inserted (24.7.1996) by 1996 c. 55, s. 136, Sch. 8 para. 6(2) (with s. 43(1)(6))

F240 S. 88: subsections (6)(6A)(6B) substituted for subsection (6) (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 13(2); S.I. 1996/2120, art. 5, Sch. 2

F241 Words in s. 88(6)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(4)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F242 Words in s. 88(6)(b)(i) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(4)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F243 S. 88(6A)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(5)(a), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F244 Words in s. 88(6A)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(5)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F245 Words in s. 88(6A)(c) substituted (15.6.2011) by The Media Ownership (Radio and Cross-media) Order 2011 (S.I. 2011/1503), arts. 1, 12(a)

F246 Words in s. 88(6A)(c) substituted (15.6.2011) by The Media Ownership (Radio and Cross-media) Order 2011 (S.I. 2011/1503), arts. 1, 12(b)

F247 S. 88(6B) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(6), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F248 S. 88(6C)(6D) inserted (24.7,1996) by 1996 c. 55, s. 136, Sch. 8 para. 6(3) (with s. 43(1)(6))

F249 S. 88(7)(c) and the word “or”immediately preceding it inserted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 13(3)(a) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F250 Words in s. 88(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 35(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F251 Words in s. 88(7) substituted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. V para. 13(3)(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

Modifications etc. (not altering text)

C49 S. 88 modified (temp.) (17.7.2003) by The Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900), art. 5

C50 S. 88(1) modified (1.11.1996) by 1996 c. 55, s. 143(3)(4)(6)(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

C51 S. 88(1)(a) amended (1.11.1996) by 1996 c. 55, s. 145(7) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

89 Disqualification for holding licence on grounds of conviction for transmitting offence. U.K.

(1) Subject to subsection (2), a person shall be disqualified for holding a licence under this Part if within the last five years he has been convicted of—

[F252 (a) an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);]

[F252 (aa) an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);]

[F252 (ab) an offence under section 37 or 38 of that Act (unlawful broadcasting offences);]

[F252 (b) an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or]

(c) an offence under section 97 below.

F253 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is [F254 concerned in—

(a) the provision of the licensed service or the making of programmes included in it; or

(b) the operation of [F255 a wireless telegraphy station] used for broadcasting the service.]

Textual Amendments

F252 S. 89(1)(a)(aa)(ab)(b) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 12(2)

F253 S. 89(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F254 Words in s. 89(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 36(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F255 Words in s. 89(3)(b) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 12(3)

General provisions about licensed services U.K.

F256 90 General requirements as to licensed services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 91 General code for programmes. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 92 General provisions as to advertisements. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 93 Control of advertisements. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 94 Government control over licensed services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 95 Monitoring by Authority of programmes included in licensed services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F256 96 Audience research. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Ss. 90-96 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Prohibition on providing unlicensed independent radio services U.K.

97 Prohibition on providing independent radio services without a licence. U.K.

(1) Subject to subsection (2), any person who provides any [F257 relevant regulated radio service] without being authorised to do so by or under a licence under this Part [F258 or Part II of the Broadcasting Act 1996] shall be guilty of an offence.

[F259 (1A) In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.]

(2) The Secretary of State may, after consultation with [F260 OFCOM], by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4) No proceedings in respect of an offence under this section shall be instituted—

(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) Without prejudice to subsection (3) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

(6) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F257 Words in s. 97(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F258 Words in S. 97(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 7(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F259 S. 97(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F260 Words in s. 97(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 37(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C52 S. 97(1) excluded by S.I. 1990/2536, art. 2(1)

C53 S. 97(1) excluded (19.3.2007) by The Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 (S.I. 2007/272), arts. 1(1), 2

[F261 Digital switchover U.K.

Textual Amendments

F261 Ss. 97A 97B and cross-heading inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 30(2), 47(2)(b)

97A Date for digital switchover U.K.

(1) The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.

(2) When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).

(3) The Secretary of State—

(a) may nominate different dates for different services, and

(b) may give notice to OFCOM withdrawing a nomination under this section.

(4) In this section and section 97B—

• “date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;

• “post-commencement service” means a local service, national service or additional service that is provided under a licence that—

  (a)

  was granted on or after the day on which this section comes into force, or

  (b)

  has been renewed under section 103B or 104AA.

97B Variation of licence period after date for digital switchover nominated U.K.

(1) This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).

(2) If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).

(3) OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.

(4) If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.

[F262 (5) If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends—

(a) on that date, or

(b) before that date (and after the date when it would have otherwise ended),

if the licence holder consents to the variation.]]

Textual Amendments

F262 S. 97B(5) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(3), 55(3)(e); S.I. 2024/1033, reg. 3(a)

Chapter II U.K. Sound Broadcasting Services

National services U.K.

98 Applications for national licences. U.K.

(1) Where [F263 OFCOM] propose to grant a licence to provide a national service, they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they propose to grant such a licence;

(b) specifying—

(i) the period for which the licence is to be granted,

(ii) the minimum area of the United Kingdom for which the service is to be provided, [F264 and]

[F265 (iia) the digital capacity that is likely, in their opinion, to be available from the holders of national radio multiplex licences for the broadcasting of a simulcast radio service corresponding to the service;]

F266 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) inviting applications for the licence and specifying the closing date for such applications; and

(d) specifying—

(i) the fee payable on any application made in pursuance of the notice, and

(ii) the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 102(1)(c) if he were granted the licence.

(2) In determining the minimum area of the United Kingdom for which a national service is to be provided [F263 OFCOM] shall have regard to the following considerations, namely—

(a) that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but

(b) that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.

(3) Any application made in pursuance of a notice under this section must be in writing and accompanied by—

F268 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F269 (aa) the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;]

(b) the fee specified in the notice under subsection (1)(d)(i);

(c) the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;

(d) the applicant’s cash bid in respect of the licence;

(e) such information as [F263 OFCOM] may reasonably require—

(i) as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and

(ii) as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and

(f) such other information as [F263 OFCOM] may reasonably require for the purpose of considering the application.

[F270 (3A) For the purposes of subsection (1)(d)(ii)—

(a) different percentages may be specified for different accounting periods; and

(b) the percentages that may be specified for an accounting period include a nil percentage.]

(4) At any time after receiving such an application and before determining it [F263 OFCOM] may require the applicant to furnish additional information under any of paragraphs F271 ... [F272 (aa),] (c), (e) and (f) of subsection (3).

(5) Any information to be furnished to [F263 OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6) [F263 OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

(a) the name of every person who has made an application to them in pursuance of the notice;

(b) the proposals submitted by him under subsection [F273 (3)(aa)]; and

(c) such other information connected with his application as [F263 OFCOM] consider appropriate.

(7) In this section

[F274 “national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and]

“programme” does not include an advertisement.

(8) In this Part “cash bid”, in relation to a licence, means an offer to pay to [F263 OFCOM] a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).

Textual Amendments

F263 Words in s. 98 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 38(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F264 Word in s. 98(1)(b)(ii) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(4)(a)(i), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F265 S. 98(1)(b)(iia) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 257(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F266 S. 98(1)(b)(iii) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(4)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F267 S. 98(1)(b)(iv) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(4)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F268 S. 98(3)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(4)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F269 S. 98(3)(aa) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 257(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F270 S. 98(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 38(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F271 Word in s. 98(4) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(4)(c), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F272 Word in s. 98(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 38(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F273 Word in s. 98(6)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(4)(d), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F274 Words in s. 98(7) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 257(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

99 Procedure to be followed by Authority in connection with consideration of applications for national licences. U.K.

(1) Where a person has made an application for a national licence in accordance with section 98, [F275 OFCOM] shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 100 unless it appears to them—

F276 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) that he would be able to maintain [F277 the proposed service] [F278 and any proposed simulcast radio service corresponding to that service] throughout the period for which the licence would be in force.

(2) Any reference to an applicant in section 100 (except in section 100(9)(b)) is accordingly a reference to an applicant in whose case it appears to [F275 OFCOM] that the requirements of subsection [F279 (1)] above are satisfied.

Textual Amendments

F275 Words in s. 99 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 39(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F276 S. 99(1)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(5)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F277 Words in s. 99(1)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(5)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F278 Words in s. 99(1)(b) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 39(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F279 Word in s. 99(2) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(5)(c), 55(3)(e); S.I. 2024/1033, reg. 3(a)

100 Award of national licence to person submitting highest cash bid. U.K.

(1) Subject to the following provisions of this section, [F280 OFCOM] shall, after considering all the cash bids submitted by the applicants for a national licence, award the licence to the applicant who submitted the highest bid.

[F281 (1A) If, in a case in which one or more of the applicants has made a proposal to provide a simulcast radio service corresponding to the service to be licensed (a “simulcast applicant”), the highest cash bid is made by an applicant who is not a simulcast applicant, OFCOM may—

(a) disregard the requirement imposed by subsection (1); and

(b) award the licence to the simulcast applicant whose cash bid is the highest of the bids submitted by simulcast applicants.

(2) Where—

(a) two or more applicants for a licence have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid, or

(b) two or more simulcast applicants have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid submitted by a simulcast applicant,

OFCOM must invite those applicants and (in a case falling within paragraph (b)) every applicant who has made a higher bid to submit further cash bids in respect of that licence.

(2A) OFCOM may decide not to invite an applicant to submit a further cash bid under subsection (2) if—

(a) the applicant is not a simulcast applicant and they propose to exercise their power under subsection (1A); or

(b) they propose to exercise their power under subsection (3).

(2B) Subsection (2A) is not to be construed as preventing OFCOM from making a decision to exercise their power under subsection (1A) or (3) after they have received further bids in response to invitations under subsection (2).

(2C) In this Part references to a person’s cash bid, in relation to a person who has submitted a further cash bid in pursuance of subsection (2), have effect as references to his further bid.]

(3) [F280 OFCOM] may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant; and where it appears to [F280 OFCOM], in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of this subsection, those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.

(4) If it appears to [F280 OFCOM], in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—

(a) they shall refer his application to the Secretary of State, together with—

(i) a copy of all documents submitted to them by the applicant, and

(ii) a summary of their deliberations on the application; and

(b) they shall not award the licence to him unless the Secretary of State has given his approval.

(5) On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.

(6) In subsections (4) and (5) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—

(a) paying any amounts payable by him by virtue of section 102(1), or

(b) otherwise financing the provision of his proposed service.

(7) Where [F280 OFCOM] are, by virtue of subsection (4), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (11)) have effect as if that person had not made an application for the licence.

(8) Where [F280 OFCOM] have awarded a national licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—

(a) publish the matters specified in subsection (9) in such manner as they consider appropriate; and

(b) grant the licence to that person.

(9) The matters referred to in subsection (8)(a) are—

(a) the name of the person to whom the licence has been awarded and the amount of his cash bid;

F282 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, [F280 OFCOM]’s reasons for the licence having been so awarded; and

(d) such other information as [F280 OFCOM] consider appropriate.

(10) In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (9) shall have effect as if—

F283 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.

(11) Subsections (1) to (6) shall not have effect as mentioned in subsection (7) if [F280 OFCOM] decide that it would be desirable to publish a fresh notice under section 98 in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if [F280 OFCOM] decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a further licence to provide the service in question.

Textual Amendments

F280 Words in s. 100 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 40 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F281 S. 100(1A)-(2C) substituted for s. 100(2) (29.12.2003) by Communications Act 2003 (c. 21), ss. 257(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F282 S. 100(9)(b) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(6)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F283 S. 100(10)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(6)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

[F284 100A Licence conditions relating to simulcast radio services U.K.

Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—

(a) to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and

(b) to do all that he can to secure the broadcasting of that service.]

Textual Amendments

F284 S. 100A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 257(6), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

101 Failure to begin providing licensed service and financial penalties on revocation of licence. U.K.

(1) If at any time after a national licence has been granted to any person but before the licence has come into force—

(a) that person indicates to [F285 OFCOM] that he does not intend to provide [F286 the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A], or

(b) [F285 OFCOM] for any other reason have reasonable grounds for believing that that person will not provide [F287 the licensed national service or any such simulcast radio service] once the licence has come into force,

then, subject to subsection (2)—

(i) [F285 OFCOM] shall serve on him a notice revoking the licence as from the time the notice is served on him, and

(ii) section 100 shall (subject to section 100(11)) have effect as if he had not made an application for the licence.

(2) Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless [F285 OFCOM] have served on him a notice stating their grounds for believing that he will not provide [F288 the licensed national service or the simulcast radio service] once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(3) Where [F285 OFCOM] revoke a national licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, [F289 a specified financial penalty].

[F290 (3A) The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).

(3B) In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—

(a) £250,000; and

(b) 7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.

(3C) In any other case, the maximum penalty is whichever is the greater of—

(a) £250,000; and

(b) 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.

(3D) Section 102(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.]

(5) Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 122(4), be recoverable by [F285 OFCOM] as a debt due to them from any person who controls that body.

Textual Amendments

F285 Words in s. 101 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 41(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F286 Words in s. 101(1)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 41(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F287 Words in s. 101(1)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 41(3)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F288 Words in s. 101(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 41(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F289 Words in s. 101(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 6(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F290 S. 101(3A)-(3D) substituted for s. 101(4) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 6(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C54 S. 101(3) modified (1.11.1996) by 1996 c. 55, s. 145(6)(b) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

C55 S. 101(3B)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C56 S. 101(3C)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

102 Additional payments to be made in respect of national licences. U.K.

(1) A national licence shall include conditions requiring the licence holder to pay to [F291 OFCOM] (in addition to any fees required to be so paid by virtue of section 87(1)(c))—

(a) in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

(b) in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

(c) in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 98(1)(d)(ii).

(2) For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—

(a) in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or

(b) in respect of charges made in that period for the reception of programmes included in that service.

(3) If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.

(4) In the case of an advertisement included under arrangements made between—

(a) the licence holder or any connected person, and

(b) a person acting as an advertising agent,

the amount of any receipt by the licence holder or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (5), be the amount of the payment by the advertiser after the deduction of the commission.

(5) If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.

(6) If, in any accounting period of the licence holder, the licence holder or any connected person derives, in relation to any programme to be included in the licensed service, any financial benefit (whether direct or indirect) from payments made by any person, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the qualifying revenue for that accounting period shall be taken for the purposes of subsection (1)(c) to include the amount of the financial benefit so derived by the licence holder or the connected person, as the case may be.

(7) A national licence may include conditions—

(a) enabling [F291 OFCOM] to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and

(b) requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

(8) Such a licence may in particular include conditions—

(a) authorising [F291 OFCOM] to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;

(b) providing for the adjustment of any overpayment or underpayment.

(9) Where—

(a) the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

(b) the last complete accounting period of his falling within the licence period does not end at the same time as that period,

any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.

(10) In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between—

(a) the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and

(b) the retail prices index for the month of November in the year preceding the relevant year;

and for this purpose “the retail prices index” means the general index of prices (for all items) published by the [F292 Statistics Board].

Textual Amendments

F291 Words in s. 102 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 42 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F292 Words in s. 102(10) substituted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), s. 74(1), Sch. 3 para. 6(3); S.I. 2008/839, art. 2

103 Restriction on changes in control over holder of national licence. U.K.

(1) Where—

(a) any change in the persons having control over—

(i) a body to which a national licence has been awarded or transferred in accordance with this Part of this Act, or

(ii) an associated programme provider,

takes place within the relevant period, and

(b) that change takes place without having been previously approved for the purposes of this section by [F293 OFCOM],

then (subject to subsection (5)) [F293 OFCOM] may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.

(2) In subsection (1)—

• “associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and [F294 is or is likely to be involved, to a substantial extent, in the provision of the programmes included] in the licensed service; and

• “the relevant period”, in relation to a national licence, means the period beginning with the date of the award of the licence and ending on the first anniversary of the date of its coming into force;

and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection [F295 as it has effect for the purposes of that Schedule.]

F296 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F297 (4) OFCOM may refuse to approve a change described in subsection (1)(a) if they consider it appropriate to do so.]

(5) [F293 OFCOM] shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.

(6) Where under subsection (1) [F293 OFCOM] refuse to grant a licence to any body, section 100 shall (subject to section 100(11)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 111 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.

Textual Amendments

F293 Words in s. 103 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 43(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F294 Words in s. 103(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 43(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F295 Words in s. 103(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 43(3)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F296 S. 103(3) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(7)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F297 S. 103(4) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(7)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

Modifications etc. (not altering text)

C57 S. 103 applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 44(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F298 103A Renewal of national licences. U.K.

(1) A national licence may (subject to the following provisions of this section) be renewed [F299 under this section] on one occasion for a period of [F300 twelve] years beginning with the date of renewal.

(2) An application for the renewal of a national licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than [F301 the day falling three months before] the relevant date.

(3) Where any such application is made F302 ...—

F303 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F304 ..., [F305 OFCOM] may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8).

(4) Where an application for the renewal of a national licence has been duly made to [F305 OFCOM] , they shall (subject to subsection (5)) grant the application if, but only if—

(a) [F305 OFCOM] are satisfied that the applicant would, if his licence were renewed, provide a national service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section),

[F306 (b) the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and]

(c) a simulcast radio service provided by the applicant is being broadcast in digital form or [F305 OFCOM] are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as [F305 OFCOM] consider reasonable.

(5) Section 100(4) to (6) shall apply in relation to an applicant for the renewal of a national licence as those provisions apply in relation to such an applicant as is mentioned in section 100(4), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section.

(6) On the grant of any application under this section [F305 OFCOM] —

(a) may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin;

(b) shall determine an amount which is to be payable to [F305 OFCOM] by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and

(c) may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed.

[F307 (7) The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.

(7A) For the purposes of subsection (6)(c)—

(a) different percentages may be specified for different accounting periods; and

(b) the percentages that may be specified for an accounting period include a nil percentage.]

(8) Where [F305 OFCOM] have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable F308 ..., as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—

(a) any date determined by them under subsection (6)(a),

(b) the amount determined by them under subsection (6)(b), and

(c) any percentage specified by them under subsection (6)(c),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

(9) Where a national licence has been renewed under this section—

(a) any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed—

(i) as if the amount determined by [F305 OFCOM] under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and

(ii) subject to any determination made under subsection (6)(c);

(b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force; [F309 and]

(c) where [F305 OFCOM] have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; F310 ...

F310 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F312 (10A) In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—

(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.]

(11) In this section—

• F313 ...

• “the relevant date”, in relation to a national licence, means the date which [F305 OFCOM] determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.]

[F314 (12) A determination for the purposes of subsection (11)—

(a) must be made at least one year before the date determined; and

(b) must be notified by OFCOM to the person who holds the licence in question.]

Textual Amendments

F298 S. 103A inserted (24.7.1996) by 1996 c. 55, ss. 92, 149(e) (with s. 43(1)(6))

F299 Words in s. 103A(1) inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 31(1), 47(2)(b)

F300 Word in s. 103A(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F301 Words in s. 103A(2) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F302 Words in s. 103A(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F303 S. 103A(3)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(5), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F304 Words in s. 103A(3)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(5), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F305 Words in s. 103A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F306 S. 103A(4)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F307 S. 103A(7)(7A) substituted for s. 103A(7) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F308 Words in s. 103A(8) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F309 Word in s. 103A(9) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(8)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F310 S. 103A(9)(d) and word omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(8)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F311 S. 103A(10) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F312 S. 103A(10A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(8) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F313 Words in s. 103A(11) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F314 S. 103A(12) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 44(9) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C58 S. 103A(2) modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 50(3)-(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C59 S. 103A(12) restricted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 50(1),(2)(b),(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F315 103B Further renewal of national licences U.K.

(1) A national licence may be renewed under this section on [F316 three occasions] for a period of not more than 7 years [F317 (on the [F318 first occasion),] 5 years (on the second occasion)] [F319 or 10 years (on the third occasion)] beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).

(2) Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to [F320 subsections (3) and (3A)].

(3) Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—

(a) subsection (4)(b),

(b) in subsection (4)(c), the words from “or OFCOM” to the end,

(c) subsection (6)(a),

(d) subsection (8)(a), and

(e) subsection (9)(c).

[F321 (3A) Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(c) the determination is made as soon as practicable after that day.]

(4) Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.]

Textual Amendments

F315 S. 103B inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 31(2), 47(2)(b) (with s. 31(3))

F316 Words in s. 103B(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 3(a)(i)

F317 Words in s. 103B(1) inserted (15.12.2015) by The Legislative Reform (Further Renewal of Radio Licences) Order 2015 (S.I. 2015/2052), arts. 1, 2(b)

F318 Words in s. 103B(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 3(a)(ii)

F319 Words in s. 103B(1) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 3(a)(iii)

F320 Words in s. 103B(2) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 3(b)

F321 S. 103B(3A) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 3(c)

Local and other services U.K.

[F322 104 Applications for licences: local services and restricted services U.K.

(1) An application for a licence to provide a local service must—

(a) be made in such manner as OFCOM may determine, and

(b) be accompanied by such fee (if any) as OFCOM may determine.

(2) An application for a licence to provide a restricted service must—

(a) be made in such manner as OFCOM may determine, and

(b) be accompanied by such fee (if any) as OFCOM may determine.]

Textual Amendments

F322 S. 104 substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 42(2), 55(3)(e); S.I. 2024/1033, reg. 3(b) (with reg. 5(1))

[F323 104A Renewal of local licences. U.K.

(1) A local licence may (subject to the following provisions of this section) be renewed [F324 under this section] on one occasion for a period of [F325 twelve] years beginning with the date of renewal.

[F326 (1A) A local licence may be renewed under this section only if it is granted before the day on which section 104AA comes into force.]

(2) No application for the renewal of a local licence under subsection (1) may be made before [F327 OFCOM] first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service.

(3) Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than [F328 the day falling three months before] the relevant date.

(4) The applicant must, in his application or at any time before the consideration of his application, nominate—

(a) a local digital sound programme service provided or to be provided by him, and

(b) a relevant local radio multiplex service [F329 or a relevant small-scale radio multiplex service],

but may not nominate together a local digital sound programme service and a local radio multiplex service [F330 or a local digital sound programme service and a small-scale radio multiplex service] if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service [F331 or (as the case may be) that small-scale radio multiplex service].

(5) Where an application for the renewal of a local licence has been duly made to [F327 OFCOM], they shall grant the application if—

(a) they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), F332 ...

(b) the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service [F333 or the nominated small-scale radio multiplex service].

[F334 (c) they are satisfied that the period for which the nominated local digital sound programme service will be available for reception and the times at which it will be available will not be significantly different, week by week, from those for which and at which the licensed local service will be broadcast;]

(6) Where the condition specified in subsection (5)(a) is satisfied, [F327 OFCOM] may grant the application even though the condition specified in subsection (5)(b) is not satisfied if—

(a) the applicant holds a licence to provide local digital sound programme services,

(b) a licence to provide the nominated local radio multiplex service [F335 or the nominated small-scale radio multiplex service] has been awarded, and

(c) it appears to [F327 OFCOM] that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service [F335 or the nominated small-scale radio multiplex service].

(7) [F327 OFCOM] may in any case postpone consideration of the application until the relevant date.

(8) If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, [F327 OFCOM] may postpone consideration of the application for such period not exceeding twelve months as they think appropriate.

(9) Where [F327 OFCOM] postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of [F327 OFCOM] under this subsection.

(10) On the grant of any application under this section [F327 OFCOM] shall—

(a) where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service [F336 or the nominated small-scale radio multiplex service], determine a date by which that service must have begun to be so broadcast; and

(b) specify a fee payable to [F327 OFCOM] in respect of the renewal.

(11) Where [F327 OFCOM] have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—

(a) any date determined by them under subsection (10)(a), and

(b) the renewal fee specified by them under subsection (10)(b),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

(12) Where [F327 OFCOM] renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service [F337 or the nominated small-scale radio multiplex service] throughout the period beginning with whichever is the later of—

(a) the date on which the licence would expire if not renewed, and

(b) any date determined by them under subsection (10)(a),

and ending with the date on which the licence (as renewed) is to expire.

[F338 (12A) In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—

(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.]

(13) In this section—

(a) “local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996;

(b) “nominated” means nominated by the applicant under subsection (4);

(c) “relevant date”, in relation to a local licence, means the date which [F327 OFCOM] determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; F339 ...

(d) “relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose [F340 the coverage area for a local service or local radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph; and]

[F341 (e) “relevant small-scale radio multiplex service”, in relation to a local licence, means a small-scale radio multiplex service (within the meaning of section 258A of the Communications Act 2003) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or small-scale radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph.]

[F342 (14) A determination for the purposes of subsection (13)(c)—

(a) must be made at least one year before the date determined; and

(b) must be notified by OFCOM to the person who holds the licence in question.]]

Textual Amendments

F323 Ss. 104A, 104B inserted (1.11.1996) by 1996 c. 55, s. 94(1) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F324 Words in s. 104A(1) inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(1)(a), 47(2)(b)

F325 Word in s. 104A(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F326 S. 104A(1A) inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(1)(b), 47(2)(b)

F327 Words in s. 104A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F328 Words in s. 104A(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F329 Words in s. 104A(4)(b) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(a)(i)

F330 Words in s. 104A(4) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(a)(ii)

F331 Words in s. 104A(4) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(a)(iii)

F332 Word in s. 104A(5)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F333 Words in s. 104A(5)(b) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(b)

F334 S. 104A(5)(c) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 254, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F335 Words in s. 104A(6) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(c)

F336 Words in s. 104A(10)(a) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(d)

F337 Words in s. 104A(12) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(e)

F338 S. 104A(12A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F339 Word in s. 104A(13)(c) omitted (10.12.2020) by virtue of The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(f)(i)

F340 Words in s. 104A(13)(d) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(f)(ii)

F341 S. 104A(13)(e) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 4(f)(iii)

F342 S. 104A(14) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C60 S. 104A(3) modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 50(3)-(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C61 S. 104A(14) restricted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2) Sch. 18 para. 50(1), (2)(c), (6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F343 104AA Further renewal of local licences U.K.

(1) A local licence may be renewed under this section on [F344 three occasions] for a period of not more than 7 years [F345 (on the [F346 first occasion),] 5 years (on the second occasion)] [F347 or 10 years (on the third occasion)] beginning with the date of renewal (subject to the following provisions of this section and section 104AB).

(2) A local licence may be renewed under this section only if—

(a) it has been renewed under section 104A, or

(b) it is granted on or after the day on which this section comes into force F348 ....

(3) Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to [F349 subsections (4) to (5)].

(4) Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.

[F350 (4ZA) Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—

(a) the condition in section 104A(5)(a) is met,

(b) the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and

(c) the alternative condition in subsection (4ZB) below is met instead.

(4ZB) The alternative condition is met if—

(a) in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—

(i) a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and

(ii) a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and

(b) OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).

(4ZC) Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—

(a) a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and

(b) a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.]

[F351 (4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(c) the determination is made as soon as practicable after that day.]

(5) In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—

(a) subsections (4) and (13)(b) were omitted,

(b) references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, F352 ...

(c) references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB [F353 , and

(d) references to the nominated small-scale radio multiplex service were omitted.]

(6) In this section and sections 104AB and 104AC—

• “approved licence” means a local licence approved by OFCOM for the purposes of this section;

• “local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.

• [F354 “small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.]

(7) Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—

(a) the licence proposed to be approved, and

(b) a period in which representations may be made to OFCOM.

Textual Amendments

F343 Ss. 104AA-104AC inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(2), 47(2)(b) (with s. 32(3)(4))

F344 Words in s. 104AA(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(i)

F345 Words in s. 104AA(1) inserted (15.12.2015) by The Legislative Reform (Further Renewal of Radio Licences) Order 2015 (S.I. 2015/2052), arts. 1, 3(a)(ii)

F346 Words in s. 104AA(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(ii)

F347 Words in s. 104AA(1) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(iii)

F348 Words in s. 104AA(2) omitted (10.12.2020) by virtue of The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(b)

F349 Words in s. 104AA(3) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 42(3)(a), 55(3)(e); S.I. 2024/1033, reg. 3(b) (with reg. 5(1))

F350 S. 104AA(4ZA)-(4ZC) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 42(3)(b), 55(3)(e); S.I. 2024/1033, reg. 3(b) (with reg. 5(1))

F351 S. 104AA(4A) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(d)

F352 Word in s. 104AA(5)(b) omitted (10.12.2020) by virtue of The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(e)(i)

F353 S. 104AA(5)(d) and word inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(e)(ii)

F354 Words in s. 104AA(6) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(f)

104AB Renewal under section 104AA: nomination of national services U.K.

(1) For the purposes of section 104AA, a “national nomination” by an applicant for the renewal of an approved licence is the nomination of—

(a) a national digital sound programme service provided or to be provided by the applicant, and

(b) a national radio multiplex service.

(2) A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.

(3) The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.

(4) A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.

Textual Amendments

F343 Ss. 104AA-104AC inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(2), 47(2)(b) (with s. 32(3)(4))

104AC Variation of conditions relating to digital services U.K.

(1) This section applies where—

(a) a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,

(b) an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and

(c) the nomination specifies the licence mentioned in paragraph (a) in accordance with section 104AB(4).

(2) OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—

(a) removing the local digital services condition, and

(b) adding a national digital services condition.

(3) OFCOM must have received an application for the variation from the licence holder.

(4) OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.

(5) In this section—

• “local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;

• “national digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that the nominated national digital sound programme service is broadcast by means of the nominated national radio multiplex service until the day on which the licence (as renewed under section 104A) is to expire;

• “nominated” means nominated in the nomination referred to in subsection (1)(b).]

Textual Amendments

F343 Ss. 104AA-104AC inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(2), 47(2)(b) (with s. 32(3)(4))

F355 104B Special application procedure for local licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F355 S. 104B omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 42(4), 55(3)(e); S.I. 2024/1033, reg. 3(b) (with reg. 5(1))

F356 105 Special requirements relating to grant of local licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F356 S. 105 omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 42(4), 55(3)(e); S.I. 2024/1033, reg. 3(b) (with reg. 5(1))

Miscellaneous provisions relating to national and local services U.K.

[F357 105A Variation of licence period following renewal U.K.

(1) This section applies if the Secretary of State—

(a) has not nominated a date for digital switchover under section 97A for one or more relevant renewed services, or

(b) has withdrawn the nomination of such a date and has not nominated another such date under that section.

(2) The Secretary of State may give notice to OFCOM fixing a date (the “termination date”) in relation to that service or such of those services as are specified or described in the notice.

(3) The Secretary of State may fix different dates for different services but may not fix a date falling before 31 December 2015.

(4) If the period for which a licence to provide a relevant renewed service is to continue in force ends after the termination date fixed for the service, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (5).

(5) OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.

(6) If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.

(7) “Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.]

Textual Amendments

F357 S. 105A inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 33(2), 47(1) (with s. 33(4))

106 Requirements as to character and coverage of national and local services. U.K.

(1) A national F358 ... licence shall include such conditions as appear to [F359 OFCOM] to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in forceF360 ....

[F361 (1A) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied—

(a) that the departure would not substantially alter the character of the service;

F362 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) A national or local licence shall include conditions requiring the licence holder to secure that the licensed service serves so much of the area or locality for which it is licensed to be provided as is for the time being reasonably practicable.

(3) A national licence shall include conditions enabling [F359 OFCOM], where it appears to them to be reasonably practicable for the licensed service to be provided for any additional area falling outside the minimum area determined by them in accordance with section 98(2), to require the licence holder to provide the licensed service for any such additional area.

(4) Subject to subsection (5), [F359 OFCOM] may, if they think fit, authorise the holder of a local licence, by means of a variation of his licence to that effect, to provide the licensed service for any additional area or locality adjoining the area or locality for which that service has previously been licensed to be provided.

[F364 (5) OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them—

(a) that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or

(b) that the increase that would result is justifiable in the exceptional circumstances of the case.]

(6) As soon as practicable after [F365 OFCOM] have exercised that power in relation to any service, they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they have exercised that power in relation to that service; and

(b) giving details of the additional area or locality for which that service is licensed to be provided.

F366 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F358 Words in s. 106(1) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(a), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))

F359 Words in s. 106(1)-(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 49 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F360 Words in s. 106(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(2), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F361 S. 106(1A)(1B) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F362 S. 106(1A)(b)-(e) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))

F363 S. 106(1B) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(c), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))

F364 S. 106(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F365 Words in s. 106(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 49 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F366 S. 106(7) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(d), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))

F367 106ZA Consultation about change of character of local services U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F367 S. 106ZA omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(3), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))

F368 106A Variation of local licence following change of control. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F368 Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F368 107 Party political broadcasts. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F368 Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F368 108 Promotion of equal opportunities in relation to employment by holder of national licence. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F368 Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of licences U.K.

109 Power to require scripts etc. or broadcasting of correction or [F369 a statement of findings]. U.K.

(1) If [F370 OFCOM] are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by [F370 OFCOM] under or by virtue of any provision of this Part, they may serve on him a notice—

(a) stating that [F370 OFCOM] are so satisfied as respects any specified condition or direction;

(b) stating the effect of subsection (2); and

(c) specifying for the purposes of that subsection a period not exceeding twelve months.

(2) If, at any time during the period specified in a notice under subsection (1), [F370 OFCOM] are satisfied that the licence holder has again failed to comply with any such condition or direction as is mentioned in that subsection (whether or not the same as the one specified in the notice), [F370 OFCOM] may direct him—

(a) to provide [F370 OFCOM] in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and

(b) in relation to such of those programmes as will consist of or include recorded matter, to produce to [F370 OFCOM] in advance for examination or reproduction such recordings of that matter as are so specified;

and a direction under this subsection shall have effect for such period, not exceeding six months, as is specified in the direction.

(3) If [F370 OFCOM] are satisfied—

(a) that the holder of a licence has failed to comply with any condition of the licence, and

(b) that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or [F369 a statement of findings] (or both) under this subsection,

they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction or [F369 a statement of findings] (or both) in such form, and at such time or times, as they may determine.

(4) [F370 OFCOM] shall not give any person a direction under subsection (3) unless they have given him a reasonable opportunity of making representations to [F370 OFCOM] about the matters complained of.

(5) Where the holder of a licence includes a correction or [F369 a statement of findings] in the licensed service in pursuance of a direction under subsection (3), he may announce that he is doing so in pursuance of such a direction.

[F371 (6) For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.]

Textual Amendments

F369 Words in s. 109 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F370 Words in ss. 109-111A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 50 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F371 S. 109(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C62 S. 109 applied (with modifications) (1.10.1996) by 1996 c. 55, ss. 62(10), 66(10) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

C63 Ss. 109-111A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 250(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C64 S. 109(3) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 2(b) (with art. 5)

110 Power to impose financial penalty or suspend or shorten licence period. U.K.

(1) If [F370 OFCOM] are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

(a) a notice requiring him to pay, within a specified period, a specified financial penalty to [F370 OFCOM];

(b) a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years; or

(c) a notice suspending the licence for a specified period not exceeding six months.

[F372 (1A) The maximum amount which the holder of a national licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) is the maximum penalty given by subsection (1B).

(1B) The maximum penalty is whichever is the greater of—

(a) £250,000; and

(b) 5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(1C) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1B)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

(1D) Section 102(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1B) or (1C) above.]

(3) The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any other licence shall not exceed [F373 £250,000].

(4) [F370 OFCOM] shall not serve on any person such a notice as is mentioned in subsection (1)(a), (b) or (c) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(5) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), [F370 OFCOM] may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

(6) It is hereby declared that any exercise by [F370 OFCOM] of their powers under subsection (1) of this section in respect of any failure to comply with any condition or direction shall not preclude any exercise by them of their powers under section 109 in respect of that failure.

F374 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F370 Words in ss. 109-111A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 50 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F372 S. 110(1A)-(1D) substituted for s. 110(2) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 7(1)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F373 Words in s. 110(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 7(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F374 S. 110(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C63 Ss. 109-111A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 250(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C65 S. 110(1B)(a): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C66 S. 110(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(d) (with art. 5)

C67 S. 110(3): power to amend conferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

111 Power to revoke licences. U.K.

(1) If [F370 OFCOM] are satisfied—

(a) that the holder of a licence granted under this Chapter is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, and

(b) that that failure is such that, if not remedied, it would justify the revocation of the licence,

they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).

(2) A notice under this subsection is a notice—

(a) stating that [F370 OFCOM] are satisfied as mentioned in subsection (1);

(b) specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and

(c) stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, [F370 OFCOM] will revoke his licence under subsection (3).

(3) If at the end of the period specified in a notice under subsection (2) [F370 OFCOM] are satisfied—

(a) that the person on whom the notice was served has failed to take the steps specified in it, and

(b) that it is necessary in the public interest to revoke his licence,

they shall (subject to subsection (8)) serve on him a notice revoking his licence.

F375 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If [F370 OFCOM] are satisfied—

(a) that the holder of a licence granted under this Chapter provided them, in connection with his application for the licence, with information which was false in a material particular, or

(b) that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

they may (subject to subsection (8)) serve on him a notice revoking his licence.

(6) Subject to subsection (7), any notice served under subsection (3) F376 ... or (5) shall take effect as from the time when it is served on the licence holder.

(7) If it appears to [F370 OFCOM] to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.

(8) [F370 OFCOM] shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Textual Amendments

F370 Words in ss. 109-111A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 50 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F375 S. 111(4) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(9)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F376 Word in s. 111(6) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(9)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)

Modifications etc. (not altering text)

C63 Ss. 109-111A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 250(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C68 S. 111 modified (1.10.1996) by 1996 c. 55, s. 43(5) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

S. 111 applied (with modifications) (1.10.1996) by 1996 c. 55, ss. 62(10), 66(10) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

S. 111 applied (with modifications) (1.10.1996) by 1996 c. 55, s. 59(8)(9) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

S. 111 modified (1.10.1996) by 1996 c. 55, s. 66(12) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

C69 S. 111(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(e) (with art. 5)

[F377 111A Enforcement of licences held by BBC companies. U.K.

Where [F370 OFCOM] —

(a) serve a notice on a BBC company under any provision of section 109, 110 or 111, or

(b) receive any written representations from a BBC company under section 109(4), 110(4) or 111(8),

[F370 OFCOM] shall send a copy of the direction, notice or representations to the Secretary of State.]

Textual Amendments

F370 Words in ss. 109-111A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 50 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F377 S. 111A inserted (24.7.1996) by 1996 c. 55, s. 136, 149(1)(f), Sch. 8 para. 7 (with s. 43(1)(6))

Modifications etc. (not altering text)

C63 Ss. 109-111A applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 250(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F378 111B Suspension of licences for inciting crime or disorder U.K.

(1) OFCOM must serve a notice under subsection (2) on the holder of a licence granted under this Chapter if they are satisfied that—

(a) the licence holder has included in the licensed service one or more programmes containing material likely to encourage or incite the commission of crime or to lead to disorder,

(b) in doing so the licence holder has failed to comply with a condition included in the licence in compliance with section 263 of the Communications Act 2003, and

(c) the failure would justify the revocation of the licence.

(2) A notice under this subsection must—

(a) state that OFCOM are satisfied as mentioned in subsection (1),

(b) specify the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned there,

(c) state that OFCOM may revoke the licence after the end of the period of 21 days beginning with the day on which the notice is served on the licence holder, and

(d) inform the licence holder of the right to make representations to OFCOM in that period about the matters that appear to OFCOM to provide grounds for revoking the licence.

(3) The effect of a notice under subsection (2) is to suspend the licence from the time when the notice is served on the licence holder until either—

(a) the revocation of the licence takes effect, or

(b) OFCOM decide not to revoke the licence.

(4) If, after considering any representations made to them by the licence holder in the 21 day period mentioned in subsection (2)(c), OFCOM are satisfied that it is necessary in the public interest to revoke the licence, they must serve on the licence holder a notice revoking the licence.

(5) The revocation of a licence by a notice under subsection (4) takes effect from whatever time is specified in the notice.

(6) That time must not be earlier than the end of the period of 28 days beginning with the day on which the notice under subsection (4) is served on the licence holder.

(7) Section 111 does not apply to the revocation of a licence under this section.]

Textual Amendments

F378 S. 111B substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 91(1), 118(2)

Chapter III U.K. Licensable Sound Programme Services

F379 112 Licensable sound programme services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F379 S. 112 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F380 113 Licensing etc. of licensable sound programme services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F380 S. 113 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Chapter IV U.K. Additional Services Provided on Sound Broadcasting Frequencies

114 Additional services. U.K.

(1) In this Part “additional service” means any service which consists in the sending of [F381 electronic] signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any sound broadcasting service provided—[F382 on a relevant frequency].

(2) For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be [F383 any part of the signals which—

(a) is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and

(b) is determined by OFCOM to be available for the provision of additional services;]

and references in this Part to spare capacity shall be construed accordingly.

[F384 (2A) At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.

(2B) A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.]

(3) [F385 OFCOM shall, when determining under subsection (2)] the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency on which a national service is provided, have regard to any need of the person providing that service to be able to use part of the signals carrying it for providing services which are ancillary to programmes included in the service.

(4) A person holding a national licence shall be taken for the purposes of this Part to be authorised by his licence to provide any such services as are mentioned in subsection (3).

F386 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F387 (6) In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.

(7) In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.]

Textual Amendments

F381 Word in s. 114(1) substituted (25.7.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(2)(a) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1

F382 Words in s114(1) substituted for s. 14(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(2)(b) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F383 S. 114(2)(a)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(3) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F384 S. 114(2A)(2B) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(4) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F385 Words in s. 114(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(5) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F386 S. 114(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F387 S. 114(6)(7) substituted for s. 114(6) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(6) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

115 Licensing of additional services. U.K.

(1) [F388 OFCOM] shall do all that they can to secure that, in the case of each [F389 relevant frequency], all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by [F388 OFCOM] in accordance with this section.

(2) An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.

(3) An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as [F388 OFCOM] may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.

(4) Subsection (3) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act [F390 and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence].

(5) Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (3) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.

(6) Every licence to provide a national service shall include such conditions as appear to [F388 OFCOM] to be appropriate for securing that the licence holder grants—

(a) to any person who holds a licence to provide additional services on the frequency on which that national service is provided, and

(b) to any person who is authorised by any such person as mentioned in subsection (3) to provide additional services on that frequency,

access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.

(7) Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (6) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by [F388 OFCOM].

(8) The holder of a licence to provide a [F391 local or restricted service or to provide a radio licensable content service] shall be taken for the purposes of this Part to be authorised by his licence to provide, or to authorise another person to provide, additional services on the frequency on which the licensed service is provided.

(9) In this Part “additional services licence” means a licence to provide additional services.

Textual Amendments

F388 Words in s. 115 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 53(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F389 Words in s. 115(1) substituted for s. 115(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 53(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F390 Words in s. 115(4) inserted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 53(4) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F391 Words in s. 115(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 53(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

116 Applications for additional services licences. U.K.

(1) Where [F392 OFCOM] propose to grant a licence to provide additional services they shall publish, in such manner as they consider appropriate, a notice—

(a) stating that they propose to grant such a licence;

(b) specifying—

(i) the period for which the licence is to be granted,

(ii) the sound broadcasting service or services on whose frequency or frequencies the services are to be provided, and

(iii) F393 ... the extent and nature of the spare capacity which is to be allocated by the licence;

(c) inviting applications for the licence and specifying the closing date for such applications; and

(d) specifying—

(i) the fee payable on any application made in pursuance of the notice, and

(ii) the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 118(1)(c) if he were granted the licence.

(2) [F392 OFCOM] may, if they think fit, specify under subsection (1)(d)(ii)—

(a) different percentages in relation to different accounting periods falling within the period for which the licence would be in force;

(b) a nil percentage in relation to any accounting period so falling.

(3) Any application made in pursuance of a notice under this section must be in writing and accompanied by—

(a) the fee specified in the notice under subsection (1)(d)(i);

(b) a technical plan indicating—

(i) the nature of any additional services which the applicant proposes to provide, and

(ii) so far as known to the applicant, the nature of any additional services which any other person proposes to provide in accordance with section 115(3);

(c) the applicant’s cash bid in respect of the licence; and

(d) such information as [F392 OFCOM] may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force.

(4) At any time after receiving such an application and before determining it [F392 OFCOM] may require the applicant to furnish additional information under subsection (3)(b) or (d).

(5) Any information to be furnished to [F392 OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6) [F392 OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

(a) the name of every person who has made an application to them in pursuance of the notice;

(b) particulars of the technical plan submitted by him under subsection (3)(b); and

(c) such other information connected with his application as [F392 OFCOM] consider appropriate.

Textual Amendments

F392 Words in s. 116 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 54(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F393 Words in s. 116(1)(b)(iii) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 54(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

117 Procedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences. U.K.

(1) Where a person has made an application for an additional services licence in accordance with section 116, [F394 OFCOM] shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them—

[F395 (a) that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and]

(b) that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;

and any reference to an applicant in section 100 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to [F394 OFCOM] that the requirements of paragraphs (a) and (b) above are satisfied.

F396 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsection (4), section 100 shall apply in relation to an additional services licence as it applies in relation to a national licence.

(4) In the application of section 100 in relation to an additional services licence—

(a) subsection (6) shall have effect with the substitution in paragraph (a) of a reference to section 118(1) for the reference to section 102(1); and

(b) subsection (9) shall have effect [F397 as if the matters specified in that subsection included the name of every other applicant in whose case it appeared to OFCOM that the requirement specified in subsection (1)(a) above was satisfied.]

(5) If at any time after an additional services licence has been granted to any person but before the licence has come into force—

(a) that person indicates to [F394 OFCOM] that none of the services in question will be provided once the licence has come into force, or

(b) [F394 OFCOM] for any other reason have reasonable grounds for believing that none of those services will be so provided,

then, subject to subsection (6)—

(i) [F394 OFCOM] shall serve on him a notice revoking the licence as from the time the notice is served on him, and

(ii) section 100 (as applied by subsection (3) above) shall, subject to section 100(11), have effect as if he had not made an application for the licence.

(6) Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless [F394 OFCOM] have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

F398 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394 Words in s. 117 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 55(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F395 S. 117(1)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 55(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F396 S. 117(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 55(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F397 Words in s. 117(4)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(10), 55(3)(e); S.I. 2024/1033, reg. 3(a)

F398 S. 117(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 55(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

118 Additional payments to be made in respect of additional services licences. U.K.

(1) An additional services licence shall include conditions requiring the licence holder to pay to [F399 OFCOM] (in addition to any fees required to be so paid by virtue of section 87(1)(c))—

(a) in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

(b) in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

(c) in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 116(1)(d)(ii).

(2) For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall consist of all amounts which are received or to be received by him or by any connected person and are referable to the right under his licence to use, or to authorise any other person to use, in that period the spare capacity allocated by the licence.

(3) An additional services licence may include conditions—

(a) enabling [F399 OFCOM] to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and

(b) requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

(4) Such a licence may in particular include conditions—

(a) authorising [F399 OFCOM] to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;

(b) providing for the adjustment of any overpayment or underpayment.

(5) Where—

(a) the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

(b) the last complete accounting period of his falling within the licence period does not end at the same time as that period,

any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.

Textual Amendments

F399 Words in s. 118 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 56 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

119 Additional services not to interfere with other transmissions. U.K.

(1) An additional services licence may include such conditions as [F400 OFCOM] consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—

(a) the sound broadcasting service or services on whose frequency or frequencies it is provided, or

(b) any other wireless telegraphy transmissions.

F401 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F400 Words in s. 119(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 57(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F401 S. 119(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 57(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

120 Enforcement of additional services licences. U.K.

(1) If [F402 OFCOM] are satisfied that the holder of an additional services licence has failed to comply with any condition of the licence or with any direction given by [F402 OFCOM] under or by virtue of any provision of this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified period, a specified financial penalty to [F402 OFCOM].

[F403 (1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

(1C) Section 118(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.]

(3) [F402 OFCOM] shall not serve on any person a notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(4) Section 111 shall apply in relation to an additional services licence as it applies in relation to a licence granted under Chapter II of this Part, but with the omission of subsection (7).

Textual Amendments

F402 Words in s. 120 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 58 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F403 S. 120(1A)-(1C) substituted for s. 120(2) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 8 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C70 S. 120(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 3(f) (with art. 5)

Chapter V U.K. Supplemental

121 Computation of qualifying revenue. U.K.

Part II of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part) shall have effect.

F404 122 Certain receipts of Authority to be paid into Consolidated Fund. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 Ss. 122-125 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F404 123 Frequency planning and general research and development. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 Ss. 122-125 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F404 124 Authority to assist Secretary of State in connection with licensing functions under 1949 Act. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 Ss. 122-125 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F404 125 Representation by Authority of Government and other interests in connection with broadcasting matters. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 Ss. 122-125 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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);

• F405 ...

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

• [F406 “independent radio service” means a service falling to be regulated under section 245 of the Communications Act 2003;]

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

• F405 ...

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

• [F407 “local service”, “national service” and “restricted service” each has the same meaning as in section 245 of the Communications Act 2003;

• “pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of that Act;

• “radio licensable content service” has the same meaning as in Part 3 of that Act;

• “radio transfer date” has the same meaning as in that Act;]

• [F408 “simulcast radio service” means a simulcast radio service within the meaning given by section 41(2) of the Broadcasting Act 1996 for the purposes of Part 2 of that Act;]

• “sound broadcasting service” means a broadcasting service whose broadcasts consist of transmissions in sound only [F409 but does not include a radio multiplex service ][F410 (within the meaning of Part 3 of the Communications Act 2003)] ;

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

[F411 (1A) For the purposes of this Part a simulcast radio service corresponds to a national service if, in accordance with section 41(3) of the Broadcasting Act 1996, it falls to be treated as so corresponding for the purposes of Part 2 of that Act.]

(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

F405 Words in s. 126(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F406 Words in s. 126(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 59(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F407 Words in s. 126(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 59(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F408 Words in s. 126(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 256(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F409 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

F410 Words in s. 126(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 59(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F411 S. 126(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 256(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part IV U.K. Transfer of Undertakings of IBA and Cable Authority

Transfer of undertakings U.K.

127 Division of assets of IBA and their dissolution. U.K.

(1) On such day as the Secretary of State may by order appoint as the transfer date there shall come into force a scheme made under Schedule 9 to this Act and providing for the division of the property, rights and liabilities of the IBA between—

(a) the Commission,

(b) the Radio Authority, and

(c) a company nominated for the purposes of this subsection by the Secretary of State.

(2) The Secretary of State may, by order made before the transfer date, nominate for the purposes of subsection (1) any company formed and registered under the M3 Companies Act 1985; but on that date the company must be a company limited by shares which is wholly owned by the Crown.

(3) Subject to subsection (4), the IBA shall continue in existence after the transfer date until such time as they are dissolved by order made by the Secretary of State.

(4) On the transfer date the chairman and members of the IBA shall cease to hold office; and as from that date the IBA—

(a) shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as the Secretary of State may appoint as members of the IBA; and

(b) shall have only the functions which fall to be carried out by the IBA under or by virtue of Schedule 9.

(5) If requested to do so by the chairman appointed under subsection (4)(a), the Commission shall furnish the IBA with any assistance required by them for the purpose of carrying out any of those functions.

(6) The Secretary of State shall not make an order under subsection (3) unless he is satisfied, after consultation with the IBA and with each of the bodies referred to in subsection (1)(a) to (c), that nothing further remains to be done by the IBA under or by virtue of Schedule 9.

Modifications etc. (not altering text)

C71 S. 127(1): 1.1.1991 appointed as the transfer date for the purposes of s. 127(1) by S.I. 1990/2540, art. 2

Marginal Citations

M3 1985 c. 6.

128 Vesting in Commission of assets of Cable Authority and dissolution of Authority. U.K.

(1) On the transfer date all the property, rights and liabilities to which the Cable Authority were entitled or subject immediately before that date shall become property, rights and liabilities of the Commission; and Schedule 10 to this Act shall have effect for the purpose of supplementing this and the following provisions of this section.

F412 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F412 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F412 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F412 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) References in this Part to property, rights and liabilities of the Cable Authority include references to property, rights and liabilities which are not capable of being transferred or assigned by the Authority.

Textual Amendments

F412 S. 128(2)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 19

Transitional arrangements U.K.

129 Transitional arrangements relating to IBA’s broadcasting services. U.K.

(1) Schedule 11 to this Act shall have effect—

(a) with respect to the provision by the Commission and the Welsh Authority, during the period beginning with the transfer date and ending with 31st December 1992, of television broadcasting services which have been provided by the IBA under the M4 Broadcasting Act 1981 down to the transfer date;

(b) for the purpose of the regulation by the Commission after the end of that period of services provided in succession to the DBS services provided by them during that period; and

(c) in the case of local sound broadcasting services which have been provided by the IBA down to the transfer date—

(i) with respect to the provision of such services on and after that date by the Radio Authority, and

(ii) for the purpose of the regulation by that Authority on and after that date of services provided in succession to such services.

(2) The programmes provided by a programme contractor under his contract for inclusion in any broadcasting service provided by the Commission or the Radio Authority in accordance with Part II or IV of Schedule 11 shall not be transmitted by, or under arrangements made by, the Commission or the Radio Authority (as the case may be) but shall be transmitted—

(a) by the nominated company in pursuance of a contract made between that company and the programme contractor in accordance with section 130, or

(b) under arrangements made in accordance with subsection (3)(a) of that section in a case where any such contract made between a DBS programme contractor and that company is terminated by the contractor as mentioned in that provision.

(3) The programmes broadcast on Channel 4 and S4C respectively during the interim period in accordance with Part II of Schedule 11 shall not be transmitted by, or under arrangements made by, the Commission but shall be transmitted by the nominated company—

(a) in the case of the programmes broadcast on Channel 4, in pursuance of such a contract made between that company and the Channel 4 company as is mentioned in subsection (4), and

(b) in the case of the programmes broadcast on S4C, in pursuance of such a contract made between the nominated company and the Welsh Authority as is mentioned in subsection (6).

(4) The contract referred to in subsection (3)(a) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on Channel 4 during that period, and in particular makes provision—

(a) for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company; and

(b) for the transmission of those programmes to be suspended, if the Commission so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify.

(5) The circumstances referred to in subsection (4)(b) are circumstances where the Commission consider it necessary to require the transmission of the programmes in question to be suspended in order for them to comply, or secure compliance, with the provisions of the M5 Broadcasting Act 1981 (as it has effect in accordance with Part II of Schedule 11 to this Act) or with any restriction or requirement imposed thereunder.

(6) The contract referred to in subsection (3)(b) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on S4C during that period, and in particular makes provision for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company.

(7) In the following provisions, namely—

(a) Parts II and IV of Schedule 11 to this Act, and

(b) any provision of the M6 Broadcasting Act 1981 which is to be construed as referring to the Commission or to the Radio Authority by virtue of either of those Parts of that Schedule,

any reference (however expressed) to the broadcasting of programmes, or to programmes broadcast, by the Commission or the Radio Authority shall, in consequence of subsections (2) and (3) above, be read as a reference to the broadcasting of programmes, or to programmes broadcast, by that body whether the transmission of the programmes is undertaken (according to the circumstances of the case)—

(i) by, or under arrangements made by, that body, or

(ii) by the nominated company in pursuance of any such contract as is referred to in either of those subsections, or

(iii) under any such arrangements as are referred to in subsection (2)(b);

and those Parts of that Schedule contain other modifications of provisions of that Act which are consequential on those subsections.

(8) This section and section 130 shall have effect in relation to any teletext service provided by the Commission in accordance with Part II of Schedule 11 as if—

(a) any reference to a programme or television programme were a reference to a teletext transmission; and

(b) any reference to a programme contractor were a reference to a teletext contractor.

(9) This section and section 130 shall, in so far as they apply to the transmission of the programmes provided by a DBS programme contractor under his contract for inclusion in any DBS service provided by the Commission in accordance with Part II of Schedule 11, be construed as applying only to the carrying on of such activities in connection with the transmission of those programmes as were being so carried on by the IBA immediately before the transfer date.

(10) In this section—

• “the Channel 4 company” means the body corporate referred to in section 12(2) of the Broadcasting Act 1981, and “on Channel 4” means in the additional broadcasting service referred to in section 10(1) of that Act, but excluding so much of that service as consisted, immediately before the transfer date, in the broadcasting of programmes for reception wholly or mainly in Wales;

• “the interim period” means the period specified in subsection (1)(a) above;

• “on S4C” has the same meaning as in Part I of this Act.

(11) The reference in subsection (4) or (6) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date.

Marginal Citations

M4 1981 c. 68.

M5 1981 c. 68.

M6 1981 c. 68.

130 Variation of programme contracts to take account of new transmission arrangements. U.K.

(1) Subject to subsections (2) and (4), it shall be the duty of the IBA to make before the transfer date such variations of each contract between them and a programme contractor (“the programme contract”) as appear to them to be appropriate—

(a) for requiring the programme contractor to enter into a contract with the nominated company which makes provision for and in connection with the transmission by that company during the interim period of the programmes which the programme contractor has the right and the duty to provide under the programme contract, and in particular makes provision—

(i) for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company,

(ii) for the transmission of those programmes to be suspended, if the relevant authority so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify, and

(iii) where the programme contractor is a TV programme contractor, for the consideration payable in respect of the transmission of those programmes to be payable in accordance with subsection (6); and

(b) for securing that the right and the duty of the programme contractor under the programme contract to provide those programmes is accordingly (so long as any such contract with the nominated company remains in force) a right and a duty to provide them for transmission by that company.

(2) Subsection (1) shall apply to a contract for the provision of television programmes for broadcasting in a DBS service (“a DBS programme contract”) as if—

(a) the reference to coverage in paragraph (a)(i) were omitted; and

(b) for paragraph (a)(iii) there were substituted—

“(iii) for the programme contractor to be entitled to terminate the contract if he is notified by the Commission that they are satisfied that the standards referred to in sub-paragraph (i) are not being attained as mentioned in that sub-paragraph;”.

(3) The IBA shall, in the case of any DBS programme contract, make before the transfer date such variations of the contract as appear to them to be appropriate—

(a) for requiring the DBS programme contractor, if he terminates his contract with the nominated company under any provision included in the contract in consequence of subsection (2)(b), to make such arrangements as the Commission may approve for and in connection with the transmission during the interim period of the programmes which he has the right and the duty to provide under the DBS programme contract, being arrangements under which—

(i) specified standards relating to technical quality and reliability are to be attained in connection with the transmission of those programmes under the arrangements, and

(ii) the transmission of those programmes is to be suspended, if the Commission so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify; and

(b) for securing that the right and the duty of the programme contractor under the DBS programme contract to provide those programmes is accordingly (so long as any such arrangements remain in force) a right and a duty to provide them for transmission under the arrangements.

(4) Subsection (1) shall apply to a contract for the provision of local sound broadcasts as if the reference to the interim period were a reference to the remainder of the period for which the contract continues in force by virtue of paragraph 2(1) in Part IV of Schedule 11; and that subsection accordingly does not apply to any such contract if—

(a) the programme contractor notifies the IBA, before such date as they shall determine, that he proposes to request the Radio Authority to determine the contract as from the transfer date in accordance with paragraph 1(1) in Part V of that Schedule; or

(b) the contract is one to which paragraph 2(1) in that Part of that Schedule would apply on the transfer date.

(5) The circumstances referred to in paragraph (a)(ii) of subsection (1) or (3) are circumstances where the relevant authority or (as the case may be) the Commission consider it necessary to require the transmission of the programmes in question to be suspended—

(a) in order for them to comply, or secure compliance, with the provisions of the M7 Broadcasting Act 1981 (as it has effect in accordance with Schedule 11 to this Act) or with any restriction or requirement imposed thereunder, or

(b) in view of any matter which they consider constitutes or would constitute a breach of the programme contractor’s contract.

(6) The IBA shall make before the transfer date such variations of each contract between them and a TV programme contractor as appear to them to be appropriate for requiring the programme contractor to enter into an agreement with all of the other TV programme contractors which—

(a) relates to the payment by those contractors to the nominated company of the consideration payable by them in respect of the transmission by that company of the programmes provided by them; and

(b) provides for the amounts payable by each of the contractors to be such proportion of the total consideration so payable as corresponds to the proportion of the relevant amount which he was liable to pay by virtue of section 32(1)(a) of the Broadcasting Act 1981 (rental payments) in respect of the period beginning with 1st April 1990 and ending with the transfer date;

and in paragraph (b) “the relevant amount” means the aggregate amount of all payments falling to be made by TV programme contractors by virtue of section 32(1)(a) of that Act in respect of that period (excluding any payments falling to be so made in consequence of section 13(2) of that Act (advertisements on Channel 4)).

(7) The IBA shall, in the case of each such contract as is mentioned in subsection (6), also make before the transfer date such variations of the contract as appear to them to be appropriate in consequence of section 129(3).

(8) In this section—

• “the interim period” means the period specified in section 129(1)(a);

• “the relevant authority”—

(a) in relation to any such contract as is mentioned in subsection (1)(a) which relates to the transmission of television programmes, means the Commission, and

(b) in relation to any such contract which relates to the transmission of local sound broadcasts, means the Radio Authority;

and section 129(8) and (9) apply for the purposes of this section.

(9) Any reference in subsection (1) or (3) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date; and different standards may be so specified for the purposes of subsection (1) in relation to programme contractors of different descriptions.

Marginal Citations

M7 1981 c. 68.

131 Supplementary provisions relating to variation of programme contracts. U.K.

(1) Where the IBA make any variation of a programme contract in pursuance of section 130(1) to (4) or (6), they may make such variations of that contract of a supplemental, incidental, consequential or transitional nature as they consider appropriate.

(2) The relevant authority may on or after the transfer date make any variation of a programme contract which could have been made before that date by the IBA—

(a) in pursuance of section 130(1) to (4), or

(b) in pursuance of subsection (1) above in connection with any variation made in pursuance of section 130(1) to (4);

and any such variation may be made with retrospective effect as from that date.

(3) Before making any variation of a programme contract in pursuance of any provision of section 130, this section or Schedule 11, the IBA or (as the case may be) the relevant authority shall consult the programme contractor concerned.

(4) Any such variation shall be made by means of a notice served on that programme contractor.

(5) In this section—

• “programme contract” means a contract between the IBA and a programme contractor;

• “programme contractor” includes a teletext contractor;

• “the relevant authority”—

(a) in relation to a programme contract for the provision of television programmes or teletext transmissions, means the Commission; and

(b) in relation to a programme contract for the provision of local sound broadcasts, means the Radio Authority.

132 Disposal by IBA of DBS transmitting equipment etc. U.K.

(1) The IBA shall have power, with the approval of the Secretary of State—

(a) to dispose of any relevant assets to a DBS contractor; and

(b) to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).

(2) Any disposal under subsection (1) shall take effect on the transfer date.

(3) In this section “relevant asset” means any equipment or other asset (of whatever description) which has been used or held by the IBA in connection with the transmission of DBS services.

133 Functions exercisable by IBA before transfer date in connection with local sound broadcasting. U.K.

(1) It shall be the duty of the IBA to prepare before the transfer date, in the case of each relevant programme contractor, a contract which—

(a) is expressed to be made between the nominated company and the contractor; and

(b) is to come into force in accordance with subsection (3) at such time (if any) as the contractor becomes the holder of a local licence by virtue of paragraph 1(1) in Part V of Schedule 11 to this Act; and

(c) makes provision in connection with the transmission, as from any such time, of the programmes included in the local service provided by the contractor (as the holder of such a licence), which may include provision for the transmission of those programmes by the nominated company.

(2) For the purposes of subsection (1) the IBA shall, after consultation with all the relevant programme contractors, draw up a number of different standard forms of contract, and each contract prepared by them under that subsection shall be in such one of those forms as they may determine after consultation with the relevant programme contractor concerned.

(3) Any contract prepared under subsection (1) shall by virtue of this subsection come into force, as a contract between the nominated company and the relevant programme contractor concerned, at any such time as is mentioned in paragraph (b) of that subsection and (subject to the provisions of the contract) shall continue in force for such period as is specified in it, being a period expiring not later than 31st December 1994.

(4) If—

(a) any contract prepared under subsection (1) has not yet come into force, and

(b) the nominated company and the relevant programme contractor concerned agree that it would be more appropriate for them to be parties to a contract which is in one of the other forms of contract drawn up as mentioned in subsection (2), and

(c) the nominated company prepares such a contract as is mentioned in subsection (1) which is in that other form,

subsection (3) shall have effect in relation to that contract as if it had been prepared by the IBA under subsection (1) (and accordingly shall not have effect in relation to the contract referred to in paragraph (a) above).

(5) The IBA shall be deemed to have had power to impose such requirements as have been imposed by them on the various local sound programme contractors with respect to the making of payments to the IBA for the purpose of enabling reductions to be made in relevant charges; and in this subsection “relevant charges” means charges made by the nominated company in connection with the transmission, during the period beginning with the transfer date and ending with 31st December 1994, of programmes which are included in local services falling within any description of such services determined by the IBA.

(6) The IBA shall have power, with the approval of the Secretary of State—

(a) to dispose of, or of an interest in, any relevant assets to a relevant programme contractor; and

(b) to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).

(7) In this section—

• “local licence” and “local service” have the same meaning as in Part III of this Act;

• “local sound programme contractor” means a person who is a programme contractor by virtue of a contract for the provision of local sound broadcasts;

• “relevant asset” means any equipment or other asset (of whatever description) which has been used or held by the IBA in connection with the transmission of local sound broadcasts;

• “relevant programme contractor” means the programme contractor under a contract which, if effective immediately before the transfer date, would be a contract to which paragraph 2(1) in Part IV of Schedule 11 applied.

F413 134 Transitional arrangements relating to existing cable services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F413 S. 134 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Provisions relating to nominated company U.K.

135 Initial Government holding in nominated company. U.K.

(1) As a consequence of the vesting in the nominated company, in accordance with the scheme made under Schedule 9 to this Act, of property, rights and liabilities of the IBA, that company shall issue to the Secretary of State such securities of the company as he may from time to time direct.

(2) The Secretary of State shall not give a direction under subsection (1) at a time when the nominated company has ceased to be wholly owned by the Crown.

(3) Securities required to be issued in pursuance of this section shall be issued at such time or times, and (subject to subsection (4)) on such terms, as the Secretary of State may direct.

(4) Any shares issued in pursuance of this section—

(a) shall be of such nominal value as the Secretary of State may direct; and

(b) shall be issued as fully paid and treated for the purposes of [F414 the Companies Act 2006] as if they had been paid up by virtue of the payment to the nominated company of their nominal value in cash.

(5) The Secretary of State shall not exercise any power conferred on him by this section, or dispose of any securities issued to him in pursuance of this section, without the consent of the Treasury.

(6) Without prejudice to the generality of section 198(2), any dividends or other sums received by the Secretary of State in right of or on the disposal of any securities acquired by virtue of this section shall be paid into the Consolidated Fund.

Textual Amendments

F414 Words in s. 135(4)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 119(2) (with art. 10)

136 Exercise of functions through nominees. U.K.

(1) The Secretary of State may, with the consent of the Treasury, appoint any person to act as his nominee, or one of his nominees, for the purposes of section 135; but any issue of securities to any such nominee in pursuance of that section shall be effected in accordance with such directions as may be given from time to time by the Secretary of State with the consent of the Treasury.

(2) Any person holding any securities as a nominee of the Secretary of State by virtue of subsection (1) shall hold and deal with them (or any of them) on such terms and in such manner as the Secretary of State may direct with the consent of the Treasury.

137 Target investment limit for Government shareholding in nominated company. U.K.

(1) As soon as he considers it expedient, and in any case not later than six months after the nominated company ceases to be wholly owned by the Crown, the Secretary of State shall by order fix a target investment limit in relation to the aggregate of the shares for the time being held in the company, under or by virtue of any enactment, by any Minister of the Crown or any nominee of his (“the Government shareholding”).

(2) The target investment limit for the Government shareholding in the company shall be expressed as a proportion of the voting rights which are exercisable in all circumstances at general meetings of the company (“the ordinary voting rights”).

(3) The first target investment limit fixed under this section for the Government shareholding in the company shall be equal to the proportion of the ordinary voting rights which is in fact carried by the Government shareholding in the company at the time when the order fixing the limit is made.

(4) The Secretary of State may from time to time by order fix a new target investment limit for the Government shareholding in the company in place of the one previously in force under this section; but—

(a) any new limit must be lower than the one it replaces; and

(b) an order under this section may only be revoked by an order fixing a new limit.

(5) It shall be the duty of a Minister of the Crown so to exercise—

(a) any power to dispose of any shares held in the company under or by virtue of any enactment, and

(b) his power to give directions to any nominee of his,

as to secure that the Government shareholding in the company does not carry a proportion of the ordinary voting rights exceeding any target investment limit for the time being in force under this section.

(6) Notwithstanding subsection (5), a Minister of the Crown may take up, or direct any nominee of his to take up, any rights for the time being available to him, or to the nominee, as an existing holder of shares or other securities of the company; but if, as a result, the proportion of the ordinary voting rights carried by the Government shareholding in the company at any time exceeds the target investment limit for the time being in force under this section, it shall be the duty of that Minister to comply with subsection (5) as soon after that time as is reasonably practicable.

(7) References in this section to a Minister of the Crown include references to the Treasury; and for the purposes of this section the temporary suspension of any of the ordinary voting rights shall be disregarded.

(8) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

138 Reserves of nominated company. U.K.

(1) If the Secretary of State so directs at any time before the nominated company ceases to be wholly owned by the Crown, such sums as may be specified in the direction shall, instead of being applied in any other way, be carried by the company to a reserve (“the statutory reserve”).

(2) The statutory reserve may only be applied by the nominated company in paying up unissued shares of the company to be allotted to members of the company as fully paid bonus shares.

(3) Notwithstanding subsection (2), the statutory reserve shall not count as an undistributable reserve of the nominated company for the purposes of [F415 section 831(4)(d) of the Companies Act 2006] (restriction on distribution of assets); but, for the purpose of determining under that section whether the nominated company may make a distribution at any time, any amount for the time being standing to the credit of the statutory reserve shall be treated for the purposes of [F416 section 831(4)(c)] as if it were unrealised profits of the company.

Textual Amendments

F415 Words in s. 138(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 175(a) (with arts. 6, 11, 12)

F416 Words in s. 138(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 175(b) (with arts. 6, 11, 12)

139 Loans by Secretary of State to nominated company. U.K.

(1) As from the transfer date the Secretary of State may, with the consent of the Treasury, make loans to the nominated company out of money provided by Parliament; but no loan shall be made by him under this section at a time when the company has ceased to be wholly owned by the Crown.

(2) The aggregate amount outstanding in respect of the principal of loans made by the Secretary of State under this section shall not exceed the limit specified in subsection (3).

(3) That limit is £20 million or such greater sum, not exceeding £100 million, as the Secretary of State may from time to time specify by order made with the consent of the Treasury.

(4) Any loan made by the Secretary of State under this section shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such times and at such rates, as he may from time to time direct with the consent of the Treasury.

(5) An order shall not be made by the Secretary of State under this section unless a draft of it has been laid before and approved by a resolution of the House of Commons.

140 Temporary restriction on borrowings of nominated company. U.K.

(1) The aggregate amount outstanding in respect of the principal of any relevant borrowing of the nominated company shall not, at any time when the company is wholly owned by the Crown, exceed such sum as the Secretary of State may determine with the consent of the Treasury.

(2) In subsection (1) “relevant borrowing”, in relation to the nominated company, means—

(a) loans made to that company or to any subsidiary of that company, other than—

(i) loans so made by any such subsidiary or (as the case may be) by that company, and

(ii) loans made to that company by the Secretary of State under section 139; and

(b) loans which are to be treated as having been made to that company, including loans which are to be treated as having been so made by virtue of the issue of debentures in pursuance of section 135.

General U.K.

141 Interpretation of Part IV. U.K.

(1) In this Part—

• “the Commission” means the Independent Television Commission;

• “debentures” includes debenture stock;

• “the IBA” means the Independent Broadcasting Authority;

• “the nominated company” means the company nominated for the purposes of section 127(1);

• “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

• “shares” includes stock;

• “subsidiary” has the meaning given by [F417 section 1159 of the Companies Act 2006];

• “the transfer date” means the day appointed under section 127(1).

(2) Other expressions used in this Part which are also used in the M8 Broadcasting Act 1981 have the same meaning as in that Act.

(3) The nominated company shall be regarded for the purposes of this Part as wholly owned by the Crown at any time when each of the issued shares in the company is held by, or by a nominee of, the Secretary of State.

Textual Amendments

F417 Words in s. 141(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 119(3) (with art. 10)

Marginal Citations

M8 1981 c. 68.

F418 Part V U.K. The Broadcasting Complaints Commission

Textual Amendments

F418 Ss.142-150 repealed (1.4.1997) by 1996 c. 55, ss.148(2), 149(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Modifications etc. (not altering text)

C72 Pt. V (ss. 142–150) modified by S.I. 1990/2579, art. 2(2)

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149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F419 Part VI U.K. The Broadcasting Standards Council

Textual Amendments

F419 Ss. 151-161 repealed (1.4.1997) by 1996 c. 55, ss. 148(2), 149(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII U.K. Prohibition on Inclusion of Obscene and Other Material in Programme Services

Obscenity U.K.

162 Obscenity in programme services: England and Wales. E+W

(1) In section 1 of the M9 Obscene Publications Act 1959 (test of obscenity)—

(a) the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have effect; and

(b) the following subsections shall be added after that subsection—

“(4) For the purposes of this Act a person also publishes an article to the extent that any matter recorded on it is included by him in a programme included in a programme service.

(5) Where the inclusion of any matter in a programme so included would, if that matter were recorded matter, constitute the publication of an obscene article for the purposes of this Act by virtue of subsection (4) above, this Act shall have effect in relation to the inclusion of that matter in that programme as if it were recorded matter.

(6) In this section “programme” and “programme service” have the same meaning as in the Broadcasting Act 1990.”

(2) Schedule 15 to this Act shall have effect for the purpose of supplementing subsection (1) above.

Marginal Citations

M9 1959 c. 66.

163 Obscenity in programme services: Scotland. S

(1) Section 51 of the M10 Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.

(2) After subsection (2) there shall be inserted the following subsection—

“(2A) Subject to subsection (4) below, any person who—

(a) is responsible for the inclusion of any obscene material in a programme included in a programme service; or

(b) with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,

shall be guilty of an offence under this section.”

(3) In subsection (6), paragraph (a) shall cease to have effect.

(4) In subsection (8)—

(a) in the definition of “material”, the words from “and” onwards shall be omitted;

(b) after the definition of “prescribed sum” there shall be inserted—

““programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;” and

(c) the word “showing,” shall be omitted.

Marginal Citations

M10 1982 c. 45.

Racially inflammatory material etc. U.K.

164 Inclusion in programme services in Great Britain of racially inflammatory material. E+W+S

(1) Part III of the M11 Public Order Act 1986 (racial hatred) shall be amended as follows.

(2) In each of the following provisions, namely—

(a) section 18(6) (exemption from prohibition applying to use of threatening words etc.),

(b) section 20(3)(c) (exemption from prohibition applying to public performances of plays), and

(c) section 21(4) (exemption from prohibition applying to distribution etc. of recordings),

for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.

(3) In section 22 (broadcasting or including programme in cable programme service)—

(a) in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and

(b) the following provisions shall be omitted, namely—

(i) in subsection (2), the words “broadcasting or cable”,

(ii) in subsections (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,

(iii) subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and

(iv) subsection (8) (application of certain provisions of the M12 Cable and Broadcasting Act 1984).

(4) In section 23 (possession of racially inflammatory material)—

(a) in subsection (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”;

(b) in subsection (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ”; and

(c) subsection (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.

(5) In section 29 (interpretation)—

(a) the definitions of “broadcast” and “cable programme service” shall be omitted;

(b) in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and

(c) the following definition shall be inserted after that definition—

• ““programme service” has the same meaning as in the Broadcasting Act 1990;”.

Marginal Citations

M11 1986 c. 64.

M12 1984 c. 46.

165 Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc. N.I.

(1) Part III of the M13 Public Order (Northern Ireland) Order 1987 (stirring up hatred or arousing fear) shall be amended as follows.

(2) In each of the following provisions, namely—

(a) Article 9(5) (exemption from prohibition applying to use of threatening words etc.), and

(b) Article 11(4) (exemption from prohibition applying to distribution etc. of recordings),

for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.

(3) In Article 12 (broadcasting or including programme in cable programme service)—

(a) in paragraphs (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and

(b) the following provisions shall be omitted—

(i) in paragraph (2)(a), the words “broadcasting or cable”,

(ii) in paragraphs (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,

(iii) paragraph (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and

(iv) paragraph (8) (application of certain provisions of M14 Cable and Broadcasting Act 1984).

(4) In Article 13 (possession of matter intended or likely to stir up hatred or arouse fear)—

(a) in paragraph (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”

(b) in paragraph (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ” and

(c) paragraph (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.

(5) In Article 17 (interpretation)—

(a) the definitions of “broadcast” and “cable programme service” shall be omitted;

(b) in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and

(c) the following definition shall be inserted after that definition—

“ “programme service” has the same meaning as in the Broadcasting Act 1990;”.

Marginal Citations

M13 S.I.1987/463 (N.I.7).

M14 1984 c. 46.

Defamation U.K.

166 Defamatory material. U.K.

(1) For the purposes of the law of libel and slander F420 ... the publication of words in the course of any programme included in a programme service shall be treated as publication in permanent form.

(2) Subsection (1) above shall apply for the purposes of section 3 of each of the Defamation Acts (slander of title etc.) as it applies for the purposes of the law of libel and slander.

(3)F421 .........................................................................

(4) In this section “the Defamation Acts” means the M15 Defamation Act 1952 and the M16 Defamation Act (Northern Ireland) 1955.

(5) Subsections (1) and (2) above do not extend to Scotland.

Textual Amendments

F420 Words in s. 166 repealed (12.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(2)(e)(viii), Sch. 23 Pt. 2 (with s. 180)

F421 S. 166(3) repealed (4.9.1996 for specified purposes, 1.4.1999 for specified purposes, 28.2.2000 for E.W. insofar as not already in force, 31.3.2001 for S., 6.1.2010 for N.I. in so far as not already in force) by Defamation Act 1996 (c. 31), ss. 16, 19(2), Sch. 2; S.I. 1999/817, art. 2(b); S.I. 2000/222, art. 3(b); S.S.I. 2001/98, art. 3; S.I. 2009/2858, art. 3(d)

Marginal Citations

M15 1952 c. 66.

M16 1955 c. 11 (N.I.).

Supplementary U.K.

167 Power to make copies of recordings. U.K.

(1) If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—

(a) to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and

(b) on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.

(2) An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.

(3) A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

(4) No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—

(a) section 3 of the M17 Obscene Publications Act 1959;

(b) section 24 [F422 or 29H] of the M18 Public Order Act 1986; and

(c) Article 14 of the M19 Public Order (Northern Ireland) Order 1987.

(5) In the application of subsection (1) to England and Wales “relevant offence” means an offence under—

(a) section 2 of the Obscene Publications Act 1959; or

(b) section 22 [F423 or 29F] of the Public Order Act 1986.

(6) In the application of subsection (1) to Scotland—

(a) “relevant offence” means an offence under—

(i) section 51 of the M20 Civic Government (Scotland) Act 1982, or

(ii) section 22 of the Public Order Act 1986;

(b) the reference to a justice of the peace shall include a reference to the sheriff; and

(c) for the reference to information on oath there shall be substituted a reference to evidence on oath.

(7) In the application of subsection (1) to Northern Ireland—

(a) “relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;

(b) for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and

(c) for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.

Textual Amendments

F422 Words in s. 167(4)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)

F423 Words in s. 167(5)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 28(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)

Modifications etc. (not altering text)

C83 S. 167 amended (1.4.1997) by 1996 c. 55, s. 117 (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Marginal Citations

M17 1959 c. 66.

M18 1986 c. 64.

M19 S.I.1987/463 (N.I.7).

M20 1982 c. 45.

Part VIII U.K. Provisions Relating to Wireless Telegraphy

F424 168 Offence of keeping wireless telegraphy station or apparatus available for unauthorised use. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C84 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

F424 169 Offence of allowing premises to be used for purpose of unlawful broadcasting. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

C87 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

F424 170 Prohibition of acts facilitating unauthorised broadcasting. U.K.

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Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

C88 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt.II

F424 171 Amendments of the Marine, &c., Broadcasting (Offences) Act 1967. U.K.

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Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

C89 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

F424 172 Amendments of provisions of 1949 Act relating to penalties and forfeiture. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

C90 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

F424 173 Extension of search and seizure powers in relation to unlawful broadcasting etc. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Modifications etc. (not altering text)

C85 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II

C86 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2

C91 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

F424 174 Application of Part VIII to Isle of Man and Channel Islands. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Ss. 168-174 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Part IX U.K. Copyright and Related Matters

175 Use as of right of sound recordings in broadcasts and cable programme services. U.K.

(1) In Chapter VII of Part I of the M21 Copyright, Designs and Patents Act 1988 (copyright licensing) there shall be inserted after section 135—

“ Use as of right of sound recordings in broadcasts and cable programme services U.K.

135A Circumstances in which right available.

(1) Section 135C applies to the inclusion in a broadcast or cable programme service of any sound recordings if—

(a) a licence to include those recordings in the broadcast or cable programme service could be granted by a licensing body or such a body could procure the grant of a licence to do so,

(b) the condition in subsection (2) or (3) applies, and

(c) the person including those recordings in the broadcast or cable programme service has complied with section 135B.

(2) Where the person including the recordings in the broadcast or cable programme service does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence—

(a) whose terms as to payment for including the recordings in the broadcast or cable programme service would be acceptable to him or comply with an order of the Copyright Tribunal under section 135D relating to such a licence or any scheme under which it would be granted, and

(b) allowing unlimited needletime or such needletime as he has demanded.

(3) Where he holds a licence to include the recordings in the broadcast or cable programme service, the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within subsection (2)(a).

(4) The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.

(5) In the group of sections from this section to section 135G—

• “needletime” means the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast or cable programme service;

• “sound recording” does not include a film sound track when accompanying a film.

(6) In sections 135B to 135G, “terms of payment” means terms as to payment for including sound recordings in a broadcast or cable programme service.

135B Notice of intention to exercise right.

(1) A person intending to avail himself of the right conferred by section 135C must—

(a) give notice to the licensing body of his intention to exercise the right, asking the body to propose terms of payment, and

(b) after receiving the proposal or the expiry of a reasonable period, give reasonable notice to the licensing body of the date on which he proposes to begin exercising that right, and the terms of payment in accordance with which he intends to do so.

(2) Where he has a licence to include the recordings in a broadcast or cable programme service, the date specified in a notice under subsection (1)(b) must not be sooner than the date of expiry of that licence except in a case falling within section 135A(3).

(3) Before the person intending to avail himself of the right begins to exercise it, he must—

(a) give reasonable notice to the Copyright Tribunal of his intention to exercise the right, and of the date on which he proposes to begin to do so, and

(b) apply to the Tribunal under section 135D to settle the terms of payment.

135C Conditions for exercise of right.

(1) A person who, on or after the date specified in a notice under section 135B(1)(b), includes in a broadcast or cable programme service any sound recordings in circumstances in which this section applies, and who—

(a) complies with any reasonable condition, notice of which has been given to him by the licensing body, as to inclusion in the broadcast or cable programme service of those recordings,

(b) provides that body with such information about their inclusion in the broadcast or cable programme service as it may reasonably require, and

(c) makes the payments to the licensing body that are required by this section,

shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question.

(2) Payments are to be made at not less than quarterly intervals in arrears.

(3) The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under section 135D or, if no such order has been made—

(a) in accordance with any proposal for terms of payment made by the licensing body pursuant to a request under section 135B, or

(b) where no proposal has been so made or the amount determined in accordance with the proposal so made is unreasonably high, in accordance with the terms of payment notified to the licensing body under section 135B(1)(b).

(4) Where this section applies to the inclusion in a broadcast or cable programme service of any sound recordings, it does so in place of any licence.

135D Applications to settle payments.

(1) On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.

(2) An order under subsection (1) has effect from the date the applicant begins to exercise the right conferred by section 135C and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.

135E References etc. about conditions, information and other terms.

(1) A person exercising the right conferred by section 135C, or who has given notice to the Copyright Tribunal of his intention to do so, may refer to the Tribunal—

(a) any question whether any condition as to the inclusion in a broadcast or cable programme service of sound recordings, notice of which has been given to him by the licensing body in question, is a reasonable condition, or

(b) any question whether any information is information which the licensing body can reasonably require him to provide.

(2) On a reference under this section, the Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.

135F Application for review of order.

(1) A person exercising the right conferred by section 135C or the licensing body may apply to the Copyright Tribunal to review any order under section 135D or 135E.

(2) An application shall not be made, except with the special leave of the Tribunal—

(a) within twelve months from the date of the order, or of the decision on a previous application under this section, or

(b) if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.

(3) On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.

(4) An order under this section has effect from the date on which it is made or such later date as may be specified by the Tribunal.

135G Factors to be taken into account.

(1) In determining what is reasonable on an application or reference under section 135D or 135E, or on reviewing any order under section 135F, the Copyright Tribunal shall—

(a) have regard to the terms of any orders which it has made in the case of persons in similar circumstances exercising the right conferred by section 135C, and

(b) exercise its powers so as to secure that there is no unreasonable discrimination between persons exercising that right against the same licensing body.

(2) In settling the terms of payment under section 135D, the Tribunal shall not be guided by any order it has made under any enactment other than that section.

(3) Section 134 (factors to be taken into account: retransmissions) applies on an application or reference under sections 135D to 135F as it applies on an application or reference relating to a licence.”

(2) In section 149 of that Act (jurisdiction of the Copyright Tribunal), after paragraph (c) there shall be inserted—

“(cc) section 135D or 135E (application or reference with respect to use as of right of sound recordings in broadcasts or cable programme services);”.

(3) In section 179 of that Act (index of defined expressions)—

(a) in the appropriate places in alphabetical order there shall be inserted—

“needletime section 135A”, and

“terms of payment section 135A”, and

(b) in the entry for sound recordings, for “section 5” there shall be substituted “ sections 5 and 135A ”.

Marginal Citations

M21 1988 c. 48.

176 Duty to provide advance information about programmes. U.K.

(1) A person providing a programme service to which this section applies must make available in accordance with this section information relating to the programmes to be included in the service to any person (referred to in this section and Schedule 17 to this Act as “the publisher”) wishing to publish in the United Kingdom any such information.

(2) The duty imposed by subsection (1) is to make available information as to the titles of the programmes which are to be, or may be, included in the service on any date, and the time of their inclusion, to any publisher who has asked the person providing the programme service to make such information available to him and reasonably requires it.

(3) Information to be made available to a publisher under this section is to be made available as soon after it has been prepared as is reasonably practicable but, in any event—

(a) not later than when it is made available to any other publisher, and

(b) in the case of information in respect of all the programmes to be included in the service in any period of seven days, not later than the beginning of the preceding period of fourteen days, or such other number of days as may be prescribed by the Secretary of State by order.

(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The duty imposed by subsection (1) is not satisfied by providing the information on terms, other than terms as to copyright, prohibiting or restricting publication in the United Kingdom by the publisher.

(6) Schedule 17 applies to any information or future information which the person providing a programme service to which this section applies is or may be required to make available under this section.

(7) For the purposes of this section and that Schedule, the following table shows the programme services to which the section and Schedule apply and the persons who provide them or are to be treated as providing them.

Programme service	Provider of service
Services other than services under the Act
Television and national radio services provided by the BBC for reception in the United Kingdom	The BBC
Services under the Act
Television programme services subject to [F425 regulation by OFCOM]	The person licensed to provide the service
[F426 The public television services of [F427 S4C] (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003)]	[F428 S4C]
Any national service (see [F429 section 126(1)] ) subject to regulation by [F430 OFCOM] [F431 , any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by [F430 OFCOM]]	The person licensed to provide the service
Services provided during interim period only
Television broadcasting services provided by the Independent Television Commission in accordance with Schedule 11, other than Channel 4	The programme contractor
Channel 4, as so provided	The body corporate referred to in section 12(2) of the Broadcasting Act 1981

(8) This section does not require any information to be given about any advertisement.

Textual Amendments

F425 Words in s. 176(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 60(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F426 Words in s. 176(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 60(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F427 Word in s. 176(7) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 11(a); S.I. 2024/858, reg. 2(1)(x)

F428 Word in s. 176(7) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 11(b); S.I. 2024/858, reg. 2(1)(x)

F429 Words in s. 176(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 60(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F430 Words in s. 176(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 60(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part X U.K. Miscellaneous and General

Foreign satellite services U.K.

177 Orders proscribing unacceptable foreign satellite services. U.K.

(1) Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.

(2) If [F432 OFCOM consider that the quality of any ] foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.

(3) [F433 OFCOM] shall not consider a foreign satellite service to be unacceptable for the purposes of subsection (2) unless they are satisfied that there is repeatedly contained in programmes included in the service matter which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling.

(4) Where the Secretary of State has been notified under subsection (2), he shall not make an order under this section unless he is satisfied that the making of the order—

(a) is in the public interest; and

(b) is compatible with any international obligations of the United Kingdom.

(5) An order under this section—

(a) may make such provision for the purpose of identifying a particular foreign satellite service as the Secretary of State thinks fit; and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F434 (6) In this section and section 178—

• [F435 “foreign satellite service” means—

  (a)

  [F436 a service which—

  (i)

  consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom,

  (ii)

  does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), and

  (iii)

  is not provided by the BBC or [F437 S4C], or]

  (b)

  a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom;

• F438 ...]]

Textual Amendments

F432 Words in s. 177(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 61(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F433 Words in s. 177(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 61(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F434 S. 177(6) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 13

F435 S. 177(6): definition of “foreign satellite service” substituted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 5

F436 Words in s. 177(6) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 1 (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F437 Word in s. 177(6) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 12; S.I. 2024/858, reg. 2(1)(x)

F438 Words in s. 177(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 61(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C92 S. 177: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 6 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

178 Offence of supporting proscribed foreign satellite services. U.K.

(1) This section applies to any foreign satellite service which is proscribed for the purposes of this section by virtue of an order under section 177; and references in this section to a proscribed service are references to any such service.

(2) Any person who in the United Kingdom does any of the acts specified in subsection (3) shall be guilty of an offence.

(3) Those acts are—

(a) supplying any equipment or other goods for use in connection with the operation or day-to-day running of a proscribed service;

(b) supplying, or offering to supply, programme material to be included in any programme transmitted in the provision of a proscribed service;

(c) arranging for, or inviting, any other person to supply programme material to be so included;

(d) advertising, by means of programmes transmitted in the provision of a proscribed service, goods supplied by him or services provided by him;

(e) publishing the times or other details of any programmes which are to be transmitted in the provision of a proscribed service or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote a proscribed service (whether directly or indirectly);

(f) supplying or offering to supply any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted in the provision of a proscribed service.

(4) In any proceedings against a person for an offence under this section, it is a defence for him to prove that he did not know, and had no reasonable cause to suspect, that the service in connection with which the act was done was a proscribed service.

(5) A person who is guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(6) For the purposes of this section a person exposing decoding equipment for supply or having such equipment in his possession for supply shall be deemed to offer to supply it.

(7) Section 46 of the M22 Consumer Protection Act 1987 shall have effect for the purpose of construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of any goods.

(8) In this section “programme material” includes—

(a) a film (within the meaning of Part I of the M23 Copyright, Designs and Patents Act 1988);

(b) any other recording; and

(c) any advertisement or other advertising material.

Marginal Citations

M22 1987 c. 43.

M23 1988 c. 48.

Unauthorised decoders U.K.

179 Unauthorised decoders for encrypted services etc. U.K.

F439 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 299 of the Act of 1988 (fraudulent reception of programmes broadcast from countries or territories outside the United Kingdom)—

(a) subsection (2) shall cease to have effect; and

(b) in subsection (5), after “297” there shall be inserted “ , 297A ”.

Textual Amendments

F439 S. 179(1) repealed (28.5.2000) by S.I. 2000/1175, art. 4

Television licensing U.K.

F440 180 Transfer to BBC of functions connected with television licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F440 S. 180 repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 2

F441 181 Certain apparatus to be deemed to be apparatus for wireless telegraphy. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F441 S. 181 repealed (1.4.2004) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11)

Modifications etc. (not altering text)

C93 S. 181 modified (temp.) (8.12.2003) by The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (S.I. 2003/3142), art. 10(3) (with art. 11)

Listed events U.K.

F442 182 . U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F442 S. 182 repealed (1.10.1996) by 1996 c. 55, ss. 105(2), 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

Gaelic television programmes U.K.

183 Financing of programmes in Gaelic out of Gaelic Television Fund. U.K.

[F443 (1) The Scottish Ministers must, for each financial year, pay to OFCOM such amount as they may determine to be appropriate for the purposes of this section.]

(2) Any amount received by [F444 OFCOM] under subsection (1) shall be carried by them to the credit of a fund established [F445 by the Independent Television Commission under this section and] known as the [F446 Gaelic Broadcasting Fund] (and any such amount shall accordingly not be regarded as forming part of the revenues of [F444 OFCOM]).

(3) The Fund shall be under the management of a body established for the purposes of this section F447 ...

F448 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F449 (3B) The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.

(4A) In carrying out their functions, the Service may finance, or engage in, any of the following—

(a) the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;

(b) the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;

(c) research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.

(4B) But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—

(a) a Channel 3 service;

(b) Channel 4;

(c) Channel 5;

(d) a national sound broadcasting service;

(e) a national digital sound programme service; or

(f) a television multiplex service or a radio multiplex service.]

(5) When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.

F450 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F450 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F452 (9) In this section, section 183A and Schedule 19—

• “Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1;

• “national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

• “national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section;

• “Gaelic” means the Gaelic language as spoken in Scotland;

• “programme” includes any item included in a programme service;

• “radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

• “the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service);

• “television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996;

and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.]

Textual Amendments

F443 S. 183(1) substituted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 17(2), 44(5); S.I. 2012/2516, art. 2(c)

F444 Words in s. 183 substituted (with effect in accordance with Sch. 15 para. 62(4)(a) of the amending Act) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 62(2) (with Sch. 15 para. 62(4)(b), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F445 Words in s. 183(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 62(3) (with Sch. 15 para. 62(4)(b), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F446 Words in s. 183(2) substituted (1.4.1997) by 1996 c. 55, s. 95(2); S.I. 1997/1005, art. 4

F447 Words in s. 183(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F448 S. 183(3A) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F449 S. 183(3B)-(4B) substituted for s. 183(4) (29.12.2003) by Communications Act 2003 (c. 21), ss. 208(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F450 S. 183(6)(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F451 S. 183(8) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(3), 44(5); S.I. 2012/2516, art. 2(c)

F452 S. 183(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 208(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C94 S. 183: transfer of functions to the Scottish Ministers (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1; S.I. 1998/3178

C95 S. 183: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 7 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F453 183A Membership of the Gaelic Media Service U.K.

(1) The Service shall consist of not more than twelve members.

(2) The members of the Service are to be appointed by OFCOM

(3) OFCOM must appoint one of the members to be the chairman of the Service.

(4) The approval of [F454 the Scottish Ministers] is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.

(5) The members of the Service must include—

(a) a member nominated by the BBC;

(b) a member nominated by Highlands and Islands Enterprise; and

(c) a member nominated by [F455 Bòrd na Gàidhlig].

(6) When appointing members of the Service, OFCOM must have regard to—

(a) the desirability of having members of the Service who are proficient in written and spoken Gaelic; and

(b) any guidance issued by [F456 the Scottish Ministers] for the purposes of this section.

(7) OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—

F457 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F457 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the independent television and radio production industries in Scotland;

(d) other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.

(8) Schedule 19 to this Act shall have effect with respect to the Service.

(9) In this section—

• [F458 “Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005]

• “regional Channel 3 service” has the same meaning as in Part 1.

F459 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F459 (11)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F453 S. 183A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 209, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F454 Words in s. 183A(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 54(1)(a), 72(7)

F455 Words in s. 183A(5)(c) substituted (31.3.2006) by The Gaelic Language (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/241), arts. 1, 2(2)

F456 Words in s. 183A(6)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 54(1)(b), 72(7)

F457 S. 183A(7)(a)(b) repealed (22.6.2011) by Digital Economy Act 2010 (c. 24), ss. 29(2), 47(3)(b), Sch. 2; S.I. 2011/1170, art. 2

F458 Words in s. 183A(9) substituted (31.3.2006) by The Gaelic Language (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/241), arts. 1, 2(3)

F459 S. 183A(10)(11) omitted (31.3.2006) by virtue of The Gaelic Language (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/241), arts. 1, 2(4)

F460 184 Broadcasting of programmes in Gaelic on Channel 3 in Scotland. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F460 S. 184 repealed (22.6.2011) by Digital Economy Act 2010 (c. 24), ss. 29(1), 47(3)(b), Sch. 2; S.I. 2011/1170, art. 2

National television archive U.K.

185 Contributions towards maintenance of national television archive. U.K.

(1) [F461 OFCOM] shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 [F462 , Channel 4 ] and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.

(2) In this section “the nominated body” means such body as may for the time being be nominated by [F461 OFCOM] for the purposes of this section, being a body which—

F463 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) appears to [F461 OFCOM] to be in a position to maintain a national television archive.

(3) A Channel 3 [F464 , Channel 4 ] or Channel 5 licence shall include conditions requiring the licence holder to pay to [F461 OFCOM] , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).

(4) Any amount received by [F461 OFCOM] by virtue of subsection (3) shall be transmitted by them to the nominated body.

(5) In this section—

• F465 ...

• “Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.

• [F466 “Channel 4 licence” means—

  (a)

  the licence referred to in section 231(1)(b) of the Communications Act 2003; and

  (b)

  a licence renewing that licence on the first or any subsequent occasion.]

Textual Amendments

F461 Words in s. 185 substituted (with effect in accordance with Sch. 15 para. 64(2) of the amending Act) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F462 Words in s. 185(1) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F463 S. 185(2)(a) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 11

F464 Words in s. 185(3) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F465 Words in s. 185(5) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 64(1)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F466 Words in s. 185(5) inserted (with effect in accordance with s. 297(4) of the amending Act) by Communications Act 2003 (c. 21), ss. 297(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C96 S. 185: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 8 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duties of BBC as respects independent productions U.K.

F467 186 Duty of BBC to include independent productions in their television services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F467 S. 186 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

187 Information to be furnished by BBC for purposes of reports under section 186. U.K.

F468 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F468 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F469 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468 S. 187(1)(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F469 S. 187(3) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(6)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Power to give directions relating to international obligations U.K.

188 Power to give broadcasting bodies etc. directions relating to international obligations. U.K.

(1) A body to which this section applies shall carry out any functions which the Secretary of State may by order direct them to carry out for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any international obligations of the United Kingdom.

(2) This section applies to—

(a) the BBC;

F470 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F471 S4C];

F472 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F470 S. 188(2)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F471 Word in s. 188(2)(c) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 13; S.I. 2024/858, reg. 2(1)(x)

F472 S. 188(2)(d)(e) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Matters relating to telecommunication systems U.K.

F473 189 Sharing of apparatus by operators of telecom- munication systems. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F473 Ss. 189-191 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F473 190 Modification of certain references in Telecom- munications Act licences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F473 Ss. 189-191 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F473 191 Revocation of class licence to run broadcast relay systems. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F473 Ss. 189-191 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Application of competition legislation U.K.

F474 192 Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F474 S. 192 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[F475 193 Modification of networking arrangements in consequence of competition legislation U.K.

(1) Where [F476 the relevant authority] makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2) In subsection (1) “relevant order” means—

(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or

(ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or

(b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market [F477 or markets] in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.

[F478 (2A) In subsection (1), “relevant authority” means—

(a) in relation to a relevant order falling within subsection (2)(a), the [F479 Competition and Markets Authority] or (as the case may be) the Secretary of State;

(b) in relation to a relevant order falling within subsection (2)(b), the [F479 Competition and Markets Authority], the Secretary of State or (as the case may be) OFCOM.]

(3) Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

(4) In this section —

• “networking arrangements” means any such arrangements as are mentioned in [F480 section 290(4) of the Communications Act 2003]; and

• “regional Channel 3 service” has the meaning given by section 14(6) above.]

Textual Amendments

F475 S. 193 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 6; S.I. 2003/1397, art. 2(1), Sch.

F476 Words in s. 193(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F477 Words in s. 193(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 71(a) (with art. 3)

F478 S. 193(2A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F479 Words in s. 193(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 71(b) (with art. 3)

F480 Words in s. 193(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C97 S. 193(2)(a) extended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 9

F481 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F481 S. 194 repealed (1.3.2000) by S.I. 2000/311, art. 26(2)

[F482 194A Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision. U.K.

(1) In this section a “relevant agreement” means an agreement—

(a) which is made between all holders of regional Channel 3 licences for securing the appointment by them, in accordance with conditions included in their licences by virtue of [F483 section 280 of the Communications Act 2003], of a single body corporate to be the appointed news provider for the purposes of [F484 that section], or

(b) which is made between them and the body corporate appointed to be the appointed news provider for the purposes of [F484 that section] for purposes connected with the appointment.

[F485 (2) If, having sought the advice of the [F486 CMA] [F487 and OFCOM], it appears to the Secretary of State, in relation to some or all of the provisions of a relevant agreement, that the conditions mentioned in subsection (3) are satisfied, he may make a declaration to that effect.

(3) The conditions are that—

(a) the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or

(b) the effect of restricting, distorting or preventing competition which the provisions in question do have or are intended or are likely to have, is not greater than is necessary—

(i) in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of [F488 section 280 of the Communications Act 2003], or

(ii) in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of [F489 that section of that Act of 2003].

(4) If the Secretary of State makes a declaration under this section, the Chapter I prohibition does not apply to the agreement to the extent to which the agreement consists of provisions to which the declaration relates.

(5) If the Secretary of State is satisfied that there has been a material change of circumstances, he may—

(a) revoke a declaration made under this section, if he considers that the grounds on which it was made no longer exist;

(b) vary such a declaration, if he considers that there are grounds for making a different declaration; or

(c) make a declaration, even though he has notified the [F490 CMA] [F491 or OFCOM or both of them] of his intention not to do so.

(6) If the Secretary of State makes, varies or revokes a declaration under this section, he must notify the [F490 CMA] [F492 and OFCOM] of his decision.

(7) [F493 Neither the [F490 CMA] nor OFCOM may] exercise any Chapter III powers in respect of a relevant agreement, unless—

[F494 (a) the Secretary of State has been notified by the [F490 CMA] or (as the case may be) by OFCOM of its or their intention to do so; and]

(b) the Secretary of State—

(i) has notified the [F490 CMA] [F495 and OFCOM] that he has not made a declaration in respect of the agreement, or provisions of the agreement, under this section and that he does not intend to make such a declaration; or

(ii) has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.

(8) [F496 Where the [F490 CMA] or OFCOM is or are proposing to exercise any Chapter III powers in respect of a relevant agreement, it or they must give the Secretary of State particulars of the agreement and such other information—

(a) it considers or (as the case may be) they consider will assist] the Secretary of State to decide whether to exercise his powers under this section; or

(b) as the Secretary of State may request.

(9) In this section–

• “the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;

• “Chapter III powers” means the powers [F497 of the [F498 CMA] and of OFCOM under] Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition;

• [F499 “CMA” means the Competition and Markets Authority;]

• F500 ...

• F501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “regional Channel 3 licence” has the same meaning as in Part I;

and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.

(10) In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice.

(11) In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.]]

Textual Amendments

F482 Shoulder heading and s. 194A inserted (24.7.1996) by 1996 c. 55, s. 77(1)(2) (with s. 43(1)(6))

F483 Words in s. 194A(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(2)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F484 Words in s. 194A(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(2)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F485 S. 194A(2)-(11) substituted (1.3.2000) by 1998 c. 41, s. 3(1)(b), Sch. 2 Pt. III para. 4(2); S.I. 2000/344, art. 2, Sch.

F486 Word in s. 194A(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 72(2) (with art. 3)

F487 Words in s. 194A(2) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F488 Words in s. 194A(3)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(4)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F489 Words in s. 194A(3)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(4)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F490 Word in s. 194A(5)-(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 72(2) (with art. 3)

F491 Words in s. 194A(5)(c) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F492 Words in s. 194A(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F493 Words in s. 194A(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(6)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F494 S. 194A(7)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(6)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F495 Words in s. 194A(7)(b)(i) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F496 Words in s. 194A(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F497 Words in s. 194A(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 372(8), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F498 Word in s. 194A(9) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 72(3)(a) (with art. 3)

F499 Words in s. 194A(9) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 72(3)(c) (with art. 3)

F500 Words in s. 194A(9) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 72(3)(b) (with art. 3)

F501 Words in s. 194A(9) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(7)(d)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

General U.K.

195 Offences by bodies corporate. U.K.

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

196 Entry and search of premises. U.K.

(1) If a justice of the peace is satisfied by information on oath—

(a) that there is reasonable ground for suspecting that an offence under section 13 F502 ... or 97 has been or is being committed on any premises specified in the information, and

(b) that evidence of the commission of the offence is to be found on those premises,

he may grant a search warrant conferring power on any person or persons authorised in that behalf by [F503 OFCOM] to enter and search the premises specified in the information at any time within one month from the date of the warrant.

F504 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

(4) A person who discloses, otherwise than for the purposes of any legal proceedings or of a report of any such proceedings, any information obtained by means of an exercise of powers conferred by this section shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(5) In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.

(6) In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to a complaint on oath.

Textual Amendments

F502 Words in s. 196(1)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F503 Words in s. 196(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 66(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F504 S. 196(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 66(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C98 S. 196(1): transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 9 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F505 197 Restriction on disclosure of information. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F505 S. 197 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

198 Financial provisions. U.K.

(1) There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

199 Notices. U.K.

F506 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F506 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F506 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F506 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any notice served [F507 by OFCOM under section 21, 41, 42, 55,[F508 97B,] 103, [F509 105A,] 109, 110, 111 or 120] shall be published in such manner as that body consider appropriate, and shall be so published as soon as reasonably practicable after it is served.

F510 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F506 S. 199(1)-(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F507 Words in s. 199(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 67 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F508 Word in s. 199(5) inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 30(3), 47(2)(b)

F509 Word in s. 199(5) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 33(3), 47(1)

F510 S. 199(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

200 Regulations and orders. U.K.

(1) Any power of the Secretary of State to make regulations or an order under this Act shall be exercisable by statutory instrument.

(2) Any regulations or order made by the Secretary of State under this Act may make—

(a) different provision for different cases; and

(b) such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

201 Programme services. U.K.

(1) In this Act “programme service” means any of the following services (whether or not it is, or it requires to be, licensed F511 ...), namely—

[F512 (aa) any service which is a programme service within the meaning of the Communications Act 2003;]

(c) any other service which consists in the sending, by means of [F513 an electronic communications network (within the meaning of the Communications Act 2003)] , of sounds or visual images or both either—

(i) for reception at two or more places in the United Kingdom (whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service); or

(ii) for reception at a place in the United Kingdom for the purpose of being presented there to members of the public or to any group of persons.

[F514 (2A) Subsection (1)(c) does not apply to so much of a service consisting only of sound programmes as—

(a) is a two-way service (within the meaning of section 248(4) of the Communications Act 2003);

(b) satisfies the conditions in section 248(5) of that Act; or

(c) is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 248(7) of that Act.

(2B) Subsection (1)(c) does not apply to so much of a service not consisting only of sound programmes as—

(a) is a two-way service (within the meaning of section 232 of the Communications Act 2003);

(b) satisfies the conditions in section 233(5) of that Act; or

(c) is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 233(7) of that Act.]

Textual Amendments

F511 Words in s. 201(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F512 S. 201(1)(aa) substituted for s. 201(1)(a)-(bb) (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(1)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F513 Words in s. 201(1)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(1)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F514 S. 201(2A)(2B) substituted for s. 201(2) (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

202 General interpretation. U.K.

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

• “advertising agent” shall be construed in accordance with subsection (7);

• F515 ...

• “the BBC” means the British Broadcasting Corporation;

• [F516 “a BBC company” means—

  (a)

  any body corporate which is controlled by the BBC, or

  (b)

  any body corporate in which the BBC or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);]

• “body”, without more, means a body of persons whether incorporated or not, and includes a partnership;

• “broadcast” means broadcast by wireless telegraphy;

• [F517 “a Channel 4 company” means—

  (a)

  any body corporate which is controlled by the Channel Four Television Corporation, or

  (b)

  any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);]

• “connected”, in relation to any [F518 person], shall be construed in accordance with paragraph 3 in Part I of Schedule 2;

• “control”, in relation to a body, has the meaning given by paragraph 1(1) in that Part of that Schedule;

• “dwelling-house” includes a hotel, inn, boarding-house or other similar establishment;

• [F519 “EEA Agreement” and “EEA State” have the meaning given by Schedule 1 to the Interpretation Act 1978;]

• F519 ...

• “financial year” shall be construed in accordance with subsection (2);

• “frequency” includes frequency band;

• “modifications” includes additions, alterations and omissions;

• [F520 “OFCOM” means the Office of Communications;]

• [F520 “pension scheme” means a scheme for the payment of pensions, allowances or gratuities;]

• [F521 “product placement” has the meaning given by paragraph 1 of Schedule 11A to the Communications Act 2003;]

• “programme” includes an advertisement and, in relation to any service, includes any item included in that service;

• [F522 “S4C”, except in the phrases “S4C company”, “S4C Digital”, “S4C entity” and “S4C subsidiary undertaking”, means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1);]

• [F523 “an S4C company” means—

  (a)

  any body corporate which is controlled by [F524 S4C], or

  (b)

  any body corporate in which [F524 S4C] or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);]

• F525 ...

• “the Welsh Authority” means the authority renamed Sianel Pedwar Cymru by section 56(1);

• [F526 “wireless telegraphy” and “wireless telegraphy station” each has the same meaning as in the Wireless Telegraphy Act 2006.]

(2) In any provision of—

(a) F527 . . .

(b) Schedule F528 ..., 2, 3, 6, F528 ..., F529 . . . or 19,

“financial year” means a financial year of the body with which that provision is concerned; and in any other provision of this Act “financial year” means the twelve months ending with 31st March.

(3) In this Act—

(a) references to pensions, allowances or gratuities include references to like benefits to be given on death or retirement; and

(b) any reference to the payment of pensions, allowances or gratuities to or in respect of any persons includes a reference to the making of payments towards provision for the payment of pensions, allowances or gratuities to or in respect of those persons.

(4) Any reference in this Act (however expressed) to a licence under this Act being in force is a reference to its being in force so as to authorise the provision under the licence of the licensed service; and any such reference shall accordingly not be construed as prejudicing the operation of any provisions of such a licence which are intended to have effect otherwise than at a time when the licensed service is authorised to be so provided.

F530 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) It is hereby declared that, for the purpose of determining for the purposes of any provision of this Act whether a service is—

(a) F531 ... capable of being received, within the United Kingdom or elsewhere, or

(b) for reception at any place or places, or in any area, in the United Kingdom,

the fact that the service has been encrypted to any extent shall be disregarded.

F532 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any reference in this Act, in relation to a service consisting of programmes transmitted by satellite—

(a) to a person by whom the programmes are transmitted, or

(b) to a place from which the programmes are transmitted,

is a reference to a person by whom, or a place from which, the programmes are transmitted to the satellite by means of which the service is provided.

[F533 (6A) Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.]

(7) For the purposes of this Act—

(a) a person shall not be regarded as carrying on business as an advertising agent, or as acting as such an agent, unless he carries on a business involving the selection and purchase of advertising time or space for persons wishing to advertise;

(b) a person who carries on such a business shall be regarded as carrying on business as an advertising agent irrespective of whether in law he is the agent of those for whom he acts;

(c) a person who is the proprietor of a newspaper shall not be regarded as carrying on business as an advertising agent by reason only that he makes arrangements on behalf of advertisers whereby advertisements appearing in the newspaper are also to appear in one or more other newspapers;

(d) a company or other body corporate shall not be regarded as carrying on business as an advertising agent by reason only that its objects or powers include or authorise that activity.

Textual Amendments

F515 Words in s. 202(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(h), Sch. 12 para. 1; S.I. 2024/858, reg. 2(1)(z6)

F516 Definition “a BBC company”inserted (24.7.1996) in s. 202(1) by 1996 c. 55, s. 136, Sch. 8, para. 8 (with s. 43(1)(6))

F517 Definition “a Channel 4 company”inserted (1.10.1996) in s. 201(1) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 21(a) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F518 Words in definition “connected”in s. 202(1) substituted (1.11.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 21(c) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F519 Words in s. 202(1) substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 3

F520 Words in s. 202(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 68(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F521 Words in s. 202(1) inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 10(2)

F522 Words in s. 202(1) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 14(b); S.I. 2024/858, reg. 2(1)(x)

F523 Definition “an S4C company”inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 21(c) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F524 Word in s. 202(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 14(a); S.I. 2024/858, reg. 2(1)(x)

F525 Words in s. 202(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F526 Words in s. 202(1) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 13

F527 S. 202(2)(a) repealed (1.4,1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

F528 Words in s. 202(2)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F529 Words in S. 202(2)(b) repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

F530 S. 202(4A) omitted (18.8.2010) by virtue of The Audiovisual Media Services (Codification) Regulations 2010 (S.I. 2010/1883), regs. 1, 3(b)

F531 Words in s. 202(5)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F532 S. 202(5A) omitted (30.12.1998) by virtue of S.I. 1998/3196, reg. 2, Sch. para. 6(3)

F533 S. 202(6A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 68(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

203 Consequential and transitional provisions. U.K.

(1) The enactments mentioned in Schedule 20 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the provisions of this Act).

(2) Unless the context otherwise requires, in any enactment amended by this Act—

• “programme”, in relation to a programme service, includes any item included in that service; and

• “television programme” includes a teletext transmission.

(3) The enactments mentioned in Schedule 21 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(4) The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

204 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Broadcasting Act 1990.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

(3) Subject to subsections (4) and (5), this Act extends to the whole of the United Kingdom.

(4) In Part VII—

(a) section 162 and Schedule 15 extend to England and Wales only;

(b) section 163 extends to Scotland only;

(c) section 164 extends to England and Wales and Scotland; and

(d) section 165 extends to Northern Ireland only.

(5) The amendments and repeals in Schedules 20 and 21 have the same extent as the enactments to which they refer.

(6) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such modifications, if any, as appear to Her Majesty to be appropriate.

Subordinate Legislation Made

P1 S. 204(2): power of appointment partly exercised by S.I. 1990/2347

Modifications etc. (not altering text)

C99 S. 204(6): power extended (24.5.2024) by Media Act 2024 (c. 15), ss. 54(3), 55(1)(b)

SCHEDULES

Section 1.

F534 SCHEDULE 1 U.K. The Independent Television Commission: Supplementary Provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F534 Sch. 1 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Sections 5 and 88.

SCHEDULE 2 U.K. Restrictions on the Holding of Licences

Modifications etc. (not altering text)

C100 Sch. 2 power to amend or modify conferred (17.10.2024) by 2003 c. 21, s. 245(3A)-(3C) (as inserted by Media Act 2024 (c. 15), ss. 46(3), 55(3)(e); S.I. 2024/1033, reg. 3(f))

Part I U.K. General

Modifications etc. (not altering text)

C101 Sch. 2 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 14 para. 18 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

1 (1) In this Schedule— U.K.

• [F535 “the 1996 Act” means the Broadcasting Act 1996;]

• “advertising agency” means an individual or a body corporate who carries on business as an advertising agent (whether alone or in partnership) or has control over any body corporate which carries on business as an advertising agent, and any reference to an advertising agency includes a reference to an individual who—

  (a)

  is a director or officer of any body corporate which carries on such a business, or

  (b)

  is employed by any person who carries on such a business;

• “associate”—

  (a)

  [F536 in relation to a body corporate, shall be construed in accordance with paragraph (1A), and]

  (b)

  in relation to an individual, shall be construed in accordance with sub-paragraph (2);

• [F537 “Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;]

• “control”—

  (a)

  in relation to a body corporate, shall be construed in accordance with sub-paragraph (3), and

  (b)

  in relation to any body other than a body corporate, means the power of a person to secure, [F538 by whatever means and whether directly or indirectly], that the affairs of the first-mentioned body are conducted in accordance with the wishes of that person;

• F539 ...

• F539 ...

• “equity share capital” has the same meaning as in [F540 the Companies Acts (see section 548 of the Companies Act 2006)];

• “local authority”—

  (a)

  in relation to England F541 . . ., means any of the following, that is to say, the council of a county, district or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

  (aa)

  [F542 in relation to Wales, means a county council or county borough council;]

  (b)

  in relation to Scotland, means a [F543 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and

  (c)

  in relation to Northern Ireland, means a district council;

• F539 ...

• F539 ...

• F539 ...

• “participant”, in relation to a body corporate, means a person who holds or is beneficially entitled to shares in that body or who possesses voting power in that body.

• F539 ...

[F544 (1A) For the purpose of determining the persons who are the associates of a body corporate for the purposes of this Schedule—

(a) an individual shall be regarded as an associate of a body corporate if he is a director of that body corporate, and

(b) a body corporate and another body corporate shall be regarded as associates of each other if one controls the other or if the same person controls both.]

(2) For the purpose of determining the persons who are an individual’s associates for the purposes of this Schedule, the following persons shall be regarded as associates of each other, namely—

(a) any individual and that individual’s husband or wife [F545 or civil partner] and any relative, or husband or wife [F545 or civil partner] of a relative, of that individual or of that individual’s husband or wife [F545 or civil partner];

(b) any individual and any body corporate of which that individual is a director;

(c) any person in his capacity as trustee of a settlement and the settlor or grantor and any person associated with the settlor or grantor;

(d) persons carrying on business in partnership and the husband or wife [F546 or civil partner] and relatives of any of them;

(e) any two or more persons acting together to secure or exercise control of a body corporate or other association or to secure control of any enterprise or assets;

and in this sub-paragraph “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild or illegitimate child of any person, or anyone adopted by a person, whether legally or otherwise, as his child, being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a wife or husband shall include a former wife or husband and a reputed wife or husband [F547 and references to a civil partner shall include a former civil partner] [F548 and a reputed civil partner].

[F549 (3) For the purposes of this Schedule a person controls a body corporate if—

(a) he holds, or is beneficially entitled to, more than 50 per cent. of the equity share capital in the body, or possesses more than 50 per cent. of the voting power in it, or

(b) although he does not have such an interest in the body, it is reasonable, having regard to all the circumstances, to expect that he [F550 would (if he chose to) be able in most cases or in significant respects], by whatever means and whether directly or indirectly, to achieve the result that [F551 affairs] of the body are conducted in accordance with his wishes; or

(c) he holds, or is beneficially entitled to, 50 per cent. of the equity share capital in that body, or possesses 50 per cent. of the voting power in it, and an arrangement exists between him and any other participant in the body as to the manner in which any voting power in the body possessed by either of them is to be exercised, or as to the omission by either of them to exercise such voting power.

(3A) For the purposes of sub-paragraph (3)(c)—

(a) “arrangement” includes any agreement or arrangement, whether or not it is, or is intended to be, legally enforceable, and

(b) a person shall be treated—

(i) as holding, or being beneficially entitled to, any equity share capital which is held by a body corporate which he controls or to which such a body corporate is beneficially entitled, and

(ii) as possessing any voting power possessed by such a body corporate.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of any provision of this Schedule which refers to a body controlled by two or more persons or bodies of any description taken together, the persons or bodies in question shall not be regarded as controlling the body by virtue of paragraph (b) of sub-paragraph (3) unless they are acting together in concert.

[F552 (6) In this Schedule any reference to a participant with more than a [F553 5 per cent.] interest in a body corporate is a reference to a person who—

(a) holds or is beneficially entitled to more than [F553 5 per cent.] of the shares in that body, or

(b) possesses more than [F553 5 per cent.] of the voting power in that body.

(7) Sub-paragraph (6) shall have effect subject to the necessary modifications in relation to other references in this Schedule—

(a) to an interest of more than a specified percentage in a body corporate, or

(b) to an interest of a specified percentage or more in a body corporate.]

F554 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F535 Definition inserted in Sch. 2 Pt. I para. 1(1) inserted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1(2)(a) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F536 Definition in Sch. 2 Pt. I para. 1(1) substituted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1 (2)(b) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F537 Definition inserted in Sch. 2 Pt. I. para. 1(1) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F538 Words in Sch. 2 Pt. I para. 1(1) substituted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1(2)(c) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F539 Definition in Sch. 2 Pt. I. para. 1(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F540 Words in Sch. 2 Pt. I para. 1(1) substituted (1.10.2009) by S.I. 2009/1941, art. 1(2), Sch. 1 para. 119(4) (with art. 10)

F541 Sch. 2 Pt. I: Words in definition “local authority”in para. 1(1)(a) repealed (1.4.1996) by 1994 c. 19, ss. 66(6)(8), Sch. 16 para. 89, Sch. 18. (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F542 Sch. 2 Pt. I para. 1(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 89 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F543 Sch. 2 Pt. I para. 1(1)(b): Words beginning “council constituted”to “(Scotland Act 1994)”substituted (S.) (1.4.1996) for words “regional, islands or district council”by 1994 c. 39, s. 180(1), Sch. 13 para. 166 (with s. 128(8)); S.I. 1996/323, art. 4(c)

F544 Sch. 2 Pt. I. para. 1(1A) inserted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1(3) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F545 Words in Sch. 2 Pt. I para. 1(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), Sch. 27, para. 139(a); S.I. 2005/3175, art. 2(2)

F546 Words in Sch. 2 Pt. I para. 1(2)(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), Sch. 27, para. 139(a); S.I. 2005/3175, art. 2(2)

F547 Words in Sch. 2 Pt. I para. 1(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), Sch. 27, para. 139(b); S.I. 2005/3175, art. 2(2)

F548 Words in Sch. 2 Pt. I para. 1(2) inserted (5.12.2005) by S.I. 2005/3129, art. 1, Sch. 4 para. 10

F549 Sch. 2 Pt. I para. 1(3) substituted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1(4) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F550 Words in Sch. 2 Pt. I para 1(3)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), s. 357(1)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F551 Words in Sch. 2 Pt. I para 1(3)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), s. 357(1)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F552 Sch. 2 Pt. I para. 1(6)(7)(8) substituted (10.8.1996 for certain purposes otherwise 1.11.1996) for sub-paragraph (6) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 1(6) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F553 Words in Sch. 2 Pt. I para 1(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F554 Sch. 2 Pt. I. para. 1(8) repealed(29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

2 (1) [F555 Subject to sub-paragraph (1A)]Any reference in paragraph 1 above to a person— U.K.

(a) holding or being entitled to shares, or any amount of the shares or equity share capital, in a body corporate, or

(b) possessing voting power, or any amount of the voting power, in a body corporate,

is a reference to his doing so, or being so entitled, whether alone or jointly with one or more other persons and whether directly or through one or more nominees.

[F556 (1A) For the purposes of this Schedule, a person’s holding of shares, or possession of voting power, in a body corporate shall be disregarded if, or to the extent that—

(a) he holds the shares concerned—

(i) as a nominee,

(ii) as a custodian (whether under a trust or by a contract), or

(iii) under an arrangement pursuant to which he has issued, or is to issue, depositary receipts, F557 ... in respect of the shares concerned, and

(b) he is not entitled to exercise or control the exercise of voting rights in respect of the shares concerned.

[F558 (1AA) In sub-paragraph (1A)(a)(iii), “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

(a) which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular body corporate; and

(b) which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a).]

(1B) For the purposes of sub-paragraph (1A)(b)—

(a) a person is not entitled to exercise or control the exercise of voting rights in respect of shares if he is bound (whether by contract or otherwise) not to exercise the voting rights, or not to exercise them otherwise than in accordance with the instructions of another, and

(b) voting rights which a person is entitled to exercise or of which he is entitled to control the exercise only in certain circumstances shall be taken into account only when those circumstances have arisen and for as long as they continue to obtain.]

F559 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F560 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F555 Words in Sch. 2 Pt. I para. 2(1) inserted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 2(2) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F556 Sch. 2 Pt. I para. 2(1A)(1B) inserted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 2(3) (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F557 Words in Sch. 2 Pt. I para. 2(1A)(a)(iii) repealed (6.4.2008) by S.I. 2008/948, art. 2(2), Sch. 1 para. 176(2) (with arts. 6, 11, 12)

F558 Sch. 2 Pt. I para. 2(1AA) inserted (6.4.2008) by S.I. 2008/948, art. 2(2), Sch. 1 para. 176(3) (with arts. 6, 11, 12)

F559 Sch. 2 Pt. I para. 2(2) repealed (1.11.1996) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F560 Sch. 2 Pt. I para. 2(3) repealed (1.11.1996) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

[F561 3 U.K. For the purposes of this Schedule the following persons shall be treated as connected with a particular person—

(a) a person who controls that person,

(b) an associate of that person or of a person falling within paragraph (a), and

(c) a body which is controlled by that person or by an associate of that person.]

Textual Amendments

F561 Sch. 2 Pt. I para. 3 substituted (10.8.1996 for certain purposes otherwise 1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 3 (with s. 43(1)(6)); S.I. 1996/2120, arts. 3, 5, Sch. 2

F562 3A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F562 Sch. 2 para. 3A repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F563 3B U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F563 Sch. 2 para. 3B repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F564 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F564 Sch. 2 Pt. I para. 4 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part II U.K. Disqualification for Holding Licences

Modifications etc. (not altering text)

C102 Sch. 2 Pt. 2 applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), arts. 1(2), 6 (as amended (27.3.2015) by S.I. 2015/1000, art. 2)

C103 Sch. 2 Pt. 2 applied (with modifications) (25.10.2019) by The Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 5

General disqualification of non-EEC nationals and bodies having political connections U.K.

1 (1) Subject to [F565 sub-paragraph (1A)], the following persons are disqualified persons in relation to [F566 a Broadcasting Act licence]— U.K.

F567 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F567 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a local authority;

(d) a body whose objects are wholly or mainly of a political nature;

(e) a body affiliated to a body falling within paragraph (d);

(f) an individual who is an officer of a body falling within paragraph (d) or (e);

(g) a body corporate which is an associate of a body corporate falling within paragraph (d) or (e);

(h) a body corporate in which a body falling within any of paragraphs (c) to (e) and (g) is a participant with more than a 5 per cent. interest;

[F568 (hh) a body corporate which is controlled by a body corporate falling within paragraph (h);]

(i) a body which is controlled by a person falling within any of paragraphs [F569 (c)] to (g) or by two or more such persons taken together; and

(j) a body corporate in which a body falling within paragraph (i), other than one which is controlled—

(i) by a person falling within paragraph F570 ... (f), or

(ii) by two or more such persons taken together,

is a participant with more than a 5 per cent. interest.

[F571 (1A) Where a service is provided exclusively for the purposes of the carrying out of the functions of a local authority under section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities), a person is disqualified by virtue of sub-paragraph (1) in relation to a licence to provide that service only if he would be so disqualified disregarding paragraph (c) of that sub-paragraph.]

F572 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F572 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F565 Words in Sch. 2 Pt. 2 para 1(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), s. 349(1)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F566 Words in Sch. 2 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F567 Sch. 2 Pt. 2 para. 1(1)(a)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), s. 348(1), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F568 Sch. 2 Pt. 2 para. 1(1)(hh) inserted (1.11.1996) by 1996 c. 55, s. 73, Sch. 2 Pt. I para. 6(2) (with s. 43(1)(6)); 1996/2120, art. 5, Sch. 2

F569 Words in Sch. 2 Pt. 2 para 1(1)(i) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F570 Words in Sch. 2 Pt. 2 para. 1(1)(j)(i) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F571 Sch. 2 Pt. 2 para. 1(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), s. 349(1)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F572 Sch. 2 Pt. 2 para. 1(2)(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification of religious bodies U.K.

2 (1) [F573 The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)—] U.K.

(a) a body whose objects are wholly or mainly of a religious nature;

(b) a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together;

(c) a body which controls a body falling within paragraph (a);

(d) a body corporate which is an associate of a body corporate falling within paragraph (a), (b) or (c);

(e) a body corporate in which a body falling within any of paragraphs (a) to (d) is a participant with more than a 5 per cent. interest;

(f) an individual who is an officer of a body falling within paragraph (a); and

(g) a body which is controlled by an individual falling within paragraph (f) or by two or more such individuals taken together.

[F574 (1A) A licence falls within this sub-paragraph if it is—

(a) a Channel 3 licence;

(b) a Channel 5 licence;

(c) a national sound broadcasting licence;

F575 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) an additional television service licence;

(f) a television multiplex licence; or

(g) a radio multiplex licence.

(1B) In this paragraph—

• “additional television service licence” means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;

• “Channel 3 licence” and “Channel 5 licence” each has the same meaning as in Part 1 of this Act;

• “national sound broadcasting licence” means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);

• F576 ...

• “radio multiplex licence” means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and

• “television multiplex licence” means a licence under Part 1 of the Broadcasting Act 1996 to provide a multiplex service within the meaning of that Part.]

Textual Amendments

F573 Words in Sch. 2 Pt. 2 para. 2(1) substituted (18.9.2003) by Communications Act 2003 (c. 21), ss. 348(2), 411(2) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2 (art. 5)

F574 Sch. 2 Pt. 2 para. 2(1A)(1B) substituted for Sch. 2 Pt. 2 para. 2(2)(3) (18.9.2003) by Communications Act 2003 (c. 21), ss. 348(2), 411(3) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2 (art. 5)

F575 Sch. 2 Pt. 2 para. 2(1A)(d) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 5(a); S.I. 2024/858, reg. 2(1)(v)

F576 Words in Sch. 2 Pt. 2 para. 2(1B) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 5(b); S.I. 2024/858, reg. 2(1)(v)

Disqualification of publicly-funded bodies for radio service licences U.K.

3 (1) The following persons are disqualified persons in relation to any licence granted [F577 under Part 3 of this Act or Part 2 of the Broadcasting Act 1996] other than a licence to provide a restricted service— U.K.

(a) a body [F578 (other than a local authority, [F579 S4C] or the BBC)] which has, in its last financial year, received more than half its income from public funds;

(b) a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together; and

(c) a body corporate in which a body falling within paragraph (a) or (b) is a participant with more than a 5 per cent. interest.

(2) For the purposes of sub-paragraph (1)(a) money is received from public funds if it is paid—

(a) by a Minister of the Crown out of money provided by Parliament or out of the National Loans Fund;

(b) by a Northern Ireland department out of the Consolidated Fund of Northern Ireland or out of money appropriated by Measure of the Northern Ireland Assembly; or

(c) by a body which itself falls within sub-paragraph (1)(a), including a body which falls within that provision by virtue of this paragraph;

but, in each case, there shall be disregarded any money paid as consideration for the acquisition of property or the supply of goods or services or as remuneration, expenses, pensions, allowances or similar benefits for or in respect of a person as the holder of an office.

Textual Amendments

F577 Words in Sch. 2 Pt. 2 para. 3(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F578 Words in Sch. 2 Pt. 2 para. 3(1)(a) substituted (24.7.1996 for certain purposes, otherwise 1.11.1996) by 1996 c. 55, ss. 73, 149(1)(a), Sch. 2 Pt. II para. 7 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F579 Word in Sch. 2 Pt. 2 para. 3(1)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 15; S.I. 2024/858, reg. 2(1)(x)

General disqualification on grounds of undue influence U.K.

4 (1) A person is a disqualified person in relation to [F566 a Broadcasting Act licence] if in the opinion of [F580 OFCOM]— U.K.

(a) any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the activities of that person, and

(b) that influence has led, is leading or is likely to lead to results which are adverse to the public interest.

(2) In sub-paragraph (1) “relevant body”—

(a) in relation to a licence granted [F581 under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person] falling within paragraph 1(1)(c) to (h) or (j) above or a body which is controlled—

(i) by a person falling within paragraph 1(1)(c) to (g) above, or

(ii) by two or more such persons taken together; and

(b) in relation to a licence granted [F582 under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person] falling within paragraph 1(1)(c) to (h) or (j) or 3 above or a body which is controlled .

[F583 (i) by a person falling within paragraph 1(1)(c) to (g) above;

(ii) by a person falling within paragraph 3 above; or

(iii) by two or more persons taken together each of whom falls within sub-paragraph (i) or (ii) (whether or not they all fall within the same sub-paragraph).]

Textual Amendments

F566 Words in Sch. 2 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F580 Words in Sch. 2 Pt. 2 para. 4(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F581 Words in Sch. 2 Pt. 2 para. 4(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F582 Words in Sch. 2 Pt. 2 para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F583 Words in Sch. 2 Pt. 2 para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 348(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General disqualification of broadcasting bodies U.K.

5 U.K. The following persons are disqualified persons in relation to [F566 a Broadcasting Act licence] —

(a) the BBC;

(b) [F584 S4C];

F585 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F585 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F566 Words in Sch. 2 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F584 Word in Sch. 2 Pt. 2 para. 5(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 15; S.I. 2024/858, reg. 2(1)(x)

F585 Sch. 2 Pt. 2 para. 5(c)(d) repealed (24.7.1996 for certain purposes, otherwise 1.11.1996) by 1996 c. 55, ss. 73, 149(1)(a), Sch. 2 Pt. I para. 8, Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

[F586 Disqualification of certain companies for certain licences] U.K.

Textual Amendments

F586 Sch. 2 Pt. 2 para. 5A and cross-heading inserted (24.7.1996 for certain purposes, otherwise 1.10.1996) by 1996 c. 55, ss. 73, 149(1)(a), Sch. 2 Pt. II para. 9 (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

[F587 5A (1) A BBC company, a Channel 4 company or an S4C company is a disqualified person in relation to— U.K.

(a) any licence F588 ... to provide regional or national Channel 3 services or Channel 5, F589 ...

F589 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A BBC company is also a disqualified person in relation to any licence F590 ... to provide a national, local or restricted service within the meaning of Part III of this Act.

F591 (3)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F587 Sch. 2 Pt. 2 para. 5A inserted (24.7.1996 for certain purposes, otherwise 1.10.1996) by 1996 c. 55, ss. 73, 149(1)(a), Sch. 2 Pt. II para. 9 (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F588 Words in Sch. 2 Pt. 2 para. 5A(1)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(9)(a), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F589 Sch. 2 Pt. 2 para. 5A(1)(b) and the word immediately preceding it repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(9)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F590 Words in Sch. 2 Pt. 2 para. 5A(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(9)(c), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F591 Sch. 2 Pt. 2 para. 5A(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General disqualification of advertising agencies U.K.

6 U.K. The following persons are disqualified persons in relation to [F566 a Broadcasting Act licence]—

(a) an advertising agency;

(b) an associate of an advertising agency;

(c) any body which is controlled by a person falling within sub-paragraph (a) or (b) or by two or more such persons taken together;

(d) any body corporate in which a person falling within any of sub-paragraphs (a) to (c) is a participant with more than a 5 per cent. interest.

Textual Amendments

F566 Words in Sch. 2 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F592 Part III. U.K. Restrictions to Prevent Accumulations of Interests in Licensed Services

Textual Amendments

F592 Sch. 2 Pts. III-V repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 350(1), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F592 Part IV U.K. Restrictions on Controlling Interests in Both Newspapers and Licensed Services

F592 Part V U.K. Restriction on Holding of Licences by Operators of Public Telecommunication Systems

Section 23.

SCHEDULE 3 U.K. The Channel Four Television Corporation: Supplementary Provisions

Modifications etc. (not altering text)

C104 Sch. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 4 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Status and capacity U.K.

1 (1) The Corporation shall be a body corporate. U.K.

(2) The Corporation shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown.

[F593 (3) The Corporation may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

(4) The powers of the Corporation under sub-paragraph (3) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

(a) to borrow money;

(b) to carry on activities (other than those comprised in their duty to carry out their [F594 Channel 4 functions]) through Channel 4 companies; and

(c) to participate with others in the carrying on of any such activities.]

[F595 (5) In sub-paragraph (4) “Channel 4 functions” means—

(a) securing the continued provision of Channel 4, and

(b) the fulfilment of the public service remit for that Channel under section 265 of the Communications Act 2003.]

Textual Amendments

F593 Sch. 3 para. 1(3)(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 199(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F594 Words in Sch. 3 para. 1(4)(b) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(6)(a), 47(1)

F595 Sch. 3 para. 1(5) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(6)(b), 47(1)

Appointment of members U.K.

2 (1) A person shall be disqualified for being a member of the Corporation so long as he is— U.K.

(a) a governor or employee of the BBC; [F596 or

(b) a member or employee of OFCOM.]

(2) Before appointing a person to be a member of the Corporation, [F597 OFCOM] shall satisfy themselves that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Corporation; and [F597 OFCOM] shall also satisfy themselves from time to time with respect to every member of the Corporation that he has no such interest.

(3) Any person who is, or whom [F597 OFCOM] propose to appoint to be, a member of the Corporation shall, whenever requested by [F597 OFCOM] to do so, furnish them with such information as they consider necessary for the performance by them of their duties under sub-paragraph (2).

Textual Amendments

F596 Sch. 3 para. 2(1)(b) substituted for Sch. 3 para. 2(1)(b)-(d) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F597 Words in Sch. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Tenure of office U.K.

3 (1) Subject to the following provisions of this paragraph, each member of the Corporation shall hold and vacate office in accordance with the terms of his appointment. U.K.

(2) A person shall not be appointed to be a member of the Corporation for more than five years at a time.

[F598 (2A) OFCOM may at any time, by notice to a member of the Corporation, terminate the appointment of that member.

(2B) Before terminating a person’s appointment under sub-paragraph (2A), OFCOM must consult the Secretary of State.]

(3) Any member of the Corporation may at any time resign his office by notice to [F597 OFCOM].

(4) This paragraph does not apply in relation to ex-officio members of the Corporation.

Textual Amendments

F597 Words in Sch. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F598 Sch. 3 para. 3(2A)(2B) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 200, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Remuneration and pensions of members U.K.

4 (1) The Corporation may pay — U.K.

(a) to each member other than an ex-officio member such remuneration and allowances, and

(b) to each ex-officio member such allowances,

as [F597 OFCOM] may determine.

(2) The Corporation may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as [F597 OFCOM] may determine.

(3) Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to [F597 OFCOM] that there are special circumstances which make it right for him to receive compensation, the Corporation may make a payment to him of such amount as [F597 OFCOM] may determine.

(4) Sub-paragraphs (2) and (3) do not apply in relation to ex-officio members of the Corporation.

(5) The approval of the Treasury shall be required for any determination under this paragraph other than a determination under sub-paragraph (1) having effect in relation to an ex-officio member of the Corporation.

Textual Amendments

F597 Words in Sch. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification of members of Corporation for House of Commons and Northern Ireland Assembly U.K.

5 U.K. In Part II of Schedule 1 to the M24 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there shall be inserted at the appropriate place—

“The Channel Four Television Corporation”and a corresponding amendment shall be made in Part II of Schedule 1 to the M25 Northern Ireland Assembly Disqualification Act 1975.

Marginal Citations

M24 1975 c. 24.

M25 1975 c. 25.

Proceedings U.K.

6 (1) Subject to paragraph 7, the quorum of the Corporation and the arrangements relating to their meetings shall be such as the Corporation may determine. U.K.

(2) The arrangements may, with the approval of [F597 OFCOM] , provide for the discharge, under the general direction of the Corporation, of any of the Corporation’s functions by a committee or by one or more of the members or employees of the Corporation.

Textual Amendments

F597 Words in Sch. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

7 (1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Corporation shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— U.K.

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) (subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the Corporation, or of any of their committees, with respect to that matter.

(2) Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Corporation at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

(3) For the purposes of sub-paragraph (1), a general notification given at a meeting of the Corporation by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(4) A member need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

(5) In this paragraph references to a meeting of the Corporation include references to a meeting of any of their committees.

8 U.K. The validity of any proceedings of the Corporation shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.

Employees of the Corporation U.K.

9 (1) The Corporation shall appoint a chief executive of the Corporation, and may appoint such other employees as they may determine. U.K.

(2) If the Corporation determine to do so in the case of any of their employees, the Corporation shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Corporation may determine.

(3) If any employee of the Corporation—

(a) is a participant in any pension scheme applicable to his employment, and

(b) becomes a member of the Corporation other than an ex-officio member,

he may, if [F597 OFCOM] so determine, be treated for the purposes of the pension scheme as if his service as a member of the Corporation were service as an employee of the Corporation.

Textual Amendments

F597 Words in Sch. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 70(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Authentication of Corporation’s seal U.K.

10 U.K. The application of the seal of the Corporation shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by Corporation U.K.

11 U.K. Any document purporting to be an instrument issued by the Corporation and to be duly executed under the seal of the Corporation or to be signed on behalf of the Corporation shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit U.K.

12 (1) The Corporation shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury. U.K.

(2) The accounts of the Corporation shall be audited by auditors to be appointed by the Corporation with the approval of the Secretary of State.

F599 (3) A person shall not be qualified to be appointed as a auditor in pursuance of sub-paragraph (2) unless he is eligible for appointment as a [F600 statutory auditor under Part 42 of the Companies Act 2006].

(4) The Corporation shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

(a) afford to him or them full liberty to examine the accounts of the Corporation; and

(b) furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of the Corporation.

Textual Amendments

F599 Sch. 3 para. 12(3) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para.77(3).

F600 Words in Sch. 3 para. 12(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(pp)(i) (with arts. 6, 11, 12)

Annual reports U.K.

13 (1) As soon as possible after the end of every financial year, the Corporation shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament. U.K.

[F601 (1A) The report must include a report on the discharge by the Corporation of their duty under section 23A (sustainability duty of Corporation).]

(2) The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement, and shall include such information (including information relating to the financial position of the Corporation) as the Secretary of State may from time to time direct.

Textual Amendments

F601 Sch. 3 para. 13(1A) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 29(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(i)

Section 39.

F602 SCHEDULE 4 U.K. References with Respect to Networking Arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F602 Sch. 4 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Section 50.

F603 SCHEDULE 5 U.K. Special Provisions Relating to Public Teletext Service

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F603 Sch. 5 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Section 56.

SCHEDULE 6 U.K. [F604 S4C]: Supplementary Provisions

Textual Amendments

F604 Word in Sch. 6 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(2); S.I. 2024/858, reg. 2(1)(x)

Status and capacity U.K.

1 (1) [F605 S4C] shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. U.K.

[F606 (2) [F607 S4C] may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

(3) The powers of the Authority under sub-paragraph (2) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

(a) to carry on activities (other than those comprised in their duty to carry out their functions under section 204 of the Communications Act 2003) through S4C companies; and

(b) to participate with others in the carrying on of any such activities.]

Textual Amendments

F605 Word in Sch. 6 para. 1(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(3); S.I. 2024/858, reg. 2(1)(x)

F606 Sch. 6 para. 1(2)(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 206(6), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F607 Word in Sch. 6 para. 1(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(4); S.I. 2024/858, reg. 2(1)(x)

Appointment of members U.K.

F608 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

Tenure of office U.K.

F608 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

Remuneration and pensions of members U.K.

F608 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

Disqualification of members of Authority for House of Commons U.K.

F608 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

Proceedings U.K.

F608 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

F608 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

F608 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 6 paras. 2-8 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(5); S.I. 2024/858, reg. 2(1)(x)

Employees of [F609 S4C] U.K.

Textual Amendments

F609 Word in Sch. 6 para. 9 cross-heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

9 (1) [F610 S4C] shall appoint a secretary and may appoint such other employees as they may determine. U.K.

(2) If [F611 S4C] determine to do so in the case of any of their employees, [F611 S4C] shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as [F611 S4C] may determine.

[F612 (3) If a person—

(a) participates in a pension scheme as an employee of S4C, and

(b) on or after ceasing to be an employee of S4C, becomes a non-executive member of the S4C Board,

the person’s service as a non-executive member of the S4C Board may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee of S4C.]

Textual Amendments

F610 Word in Sch. 6 para. 9(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F611 Word in Sch. 6 para. 9(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F612 Sch. 6 para. 9(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(7); S.I. 2024/858, reg. 2(1)(x)

Authentication of [F613 S4C’s] seal U.K.

Textual Amendments

F613 Word in Sch. 6 para. 10 cross-heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(8); S.I. 2024/858, reg. 2(1)(x)

10 U.K. The application of the seal of [F614 S4C] shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Textual Amendments

F614 Word in Sch. 6 para. 10 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

Presumption of authenticity of documents issued by [F615 S4C] U.K.

Textual Amendments

F615 Word in Sch. 6 para. 11 cross-heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(9); S.I. 2024/858, reg. 2(1)(x)

11 U.K. Any document purporting to be an instrument issued by [F616 S4C] and to be duly executed under the seal of [F616 S4C] or to be signed on behalf of [F616 S4C] shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Textual Amendments

F616 Word in Sch. 6 para. 11 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

Accounts and audit U.K.

12 (1) [F617 S4C] shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury. U.K.

[F618 (1A) The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with [F619 the assets of [F620 S4C] that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets.]]

[F621 (2A) S4C must send a copy of its statement of accounts to the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates.

(2B) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts of S4C, and

(b) send a copy of the report and certified statement of accounts to the Secretary of State.

(2C) The Secretary of State must lay before Parliament a copy of each such report and certified statement.

(2D) As soon as possible after the Secretary of State lays copies of the report and statement of accounts before Parliament, S4C must arrange for the report and certified statement to be laid before Senedd Cymru.

(2E) S4C must ensure that each S4C subsidiary undertaking appoints the Comptroller and Auditor General as auditor, unless the S4C subsidiary undertaking requests the Comptroller and Auditor General’s permission to appoint another person and the Comptroller and Auditor General permits the appointment of that person as auditor.

(2F) The Comptroller and Auditor General may inspect the accounts of any S4C subsidiary undertaking (regardless of who is appointed as auditor).]

(4) [F622 S4C] shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

(a) afford to him or them full liberty to examine the accounts of [F623 S4C]; and

(b) furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of [F623 S4C].

[F624 (5) S4C must ensure that an S4C subsidiary undertaking, if told to do so by the Secretary of State or any person authorised by the Secretary of State, grants the Secretary of State or authorised person access to—

(a) that undertaking’s accounts;

(b) information and documents relating to that undertaking’s financial transactions and commitments.

(6) In this paragraph “S4C subsidiary undertaking” means an undertaking which, for the purposes of the Companies Act 2006, is a subsidiary undertaking of S4C (see section 1162 of that Act).]

Textual Amendments

F617 Word in Sch. 6 para. 12(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F618 Sch. 6 para. 12(1A) inserted (1.10.1996) by 1996 c. 55, s. 81(2); S.I. 1996/2120, art. 4, Sch. 1

F619 Words in Sch. 6 para. 12(1A) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 71(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F620 Word in Sch. 6 para. 12(1A) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F621 Sch. 6 para. 12(2A)-(2F) substituted for Sch. 6 para. 12(2)(3) (23.8.2024) by Media Act 2024 (c. 15), ss. 34(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(l)

F622 Word in Sch. 6 para. 12(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F623 Word in Sch. 6 para. 12(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F624 Sch. 6 para. 12(5)(6) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 34(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(l)

Annual reports U.K.

13 (1) As soon as possible after the end of every financial year, [F625 S4C] shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament. U.K.

F626 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F627 (3) The report shall also—

(a) set out every contravention notification given by OFCOM to [F625 S4C] during the year; and

(b) include such other information (including information relating to [F628 S4C’s] financial position) as the Secretary of State may from time to time direct.

(4) In sub-paragraph (3), “contravention notification” means a notification of a determination by OFCOM of a contravention by [F625 S4C] of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.]

Textual Amendments

F625 Word in Sch. 6 para. 13 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

F626 Sch. 6 para. 13(2) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), ss. 34(4), 55(3)(b); S.I. 2024/858, reg. 2(1)(l)

F627 Sch. 6 para. 13(3)(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 342(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F628 Word in Sch. 6 para. 13(3)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(10); S.I. 2024/858, reg. 2(1)(x)

Advisory committees U.K.

14 U.K. [F629 S4C] may appoint, or arrange for the assistance of, advisory committees to give advice to them on such matters relating to [F630 S4C’s] functions as [F631 S4C] may determine.

Textual Amendments

F629 Word in Sch. 6 para. 14 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(b); S.I. 2024/858, reg. 2(1)(x)

F630 Word in Sch. 6 para. 14 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(10); S.I. 2024/858, reg. 2(1)(x)

F631 Word in Sch. 6 para. 14 substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 16(6)(a); S.I. 2024/858, reg. 2(1)(x)

Section 56A

[F632 Schedule 6A U.K. The S4C Board

Textual Amendments

F632 Sch. 6A inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 33(4), 55(3)(b); S.I. 2024/858, reg. 2(1)(k)

Membership U.K.

1 (1) The S4C Board is to consist of—

(a) non-executive members, and

(b) executive members.

(2) The non-executive members are to be—

(a) a chair, and

(b) at least five, and not more than eight, other non-executive members.

(3) It is for the Secretary of State—

(a) to decide, in accordance with sub-paragraph (2)(b), the number of other non-executive members;

(b) to appoint the non-executive members.

(4) The executive members are to be—

(a) the employee of S4C holding the position of, or acting as, Chief Executive of S4C, and

(b) at least one and not more than two other employees of S4C.

(5) It is for the non-executive members, in accordance with sub-paragraph (4)(b)—

(a) to decide the number of other executive members;

(b) to appoint the other executive members.

(6) A person making an appointment under this paragraph must do so with a view to ensuring that, collectively, the members of the S4C Board have the range of skills and experience needed for the effective running of S4C.

2 (1) The members of the S4C Board must not at any time include a person who is a member or an employee of the BBC.

(2) The members of the S4C Board must not at any time include a person who is a member or an employee of OFCOM.

(3) The Secretary of State must—

(a) before appointing a person to be a non-executive member of the S4C Board, be satisfied that the person will not have any financial or other interest likely to affect prejudicially the discharge of that person’s duties as a member of the S4C Board, and

(b) from time to time consider, in respect of each non-executive member of the S4C Board, whether that member has any such interest.

Tenure of office U.K.

3 (1) A member of the S4C Board holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.

(2) A non-executive member must be appointed for a fixed term of not more than five years.

(3) A person who has held office as a non-executive member for two consecutive terms may not be re-appointed as a non-executive member until the end of the five years beginning with the end of the second of those terms.

(4) A non-executive member ceases to be a member of the S4C Board if the member—

(a) becomes an employee of S4C, or

(b) resigns from office by giving written notice to the Secretary of State.

(5) An executive member under paragraph 1(4)(a) ceases to be a member of the S4C Board on ceasing to be the Chief Executive of S4C.

(6) Any other executive member ceases to be a member of the S4C Board if the member—

(a) ceases to be an employee of S4C, or

(b) resigns from office by giving written notice to S4C.

Remuneration and pensions of members U.K.

4 (1) S4C may pay to each non-executive member of the S4C Board such remuneration and allowances as the Secretary of State may determine.

(2) S4C may pay or make provision for paying to or in respect of any non-executive member of the S4C Board such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

(3) S4C may pay compensation, of such amount as the Secretary of State may determine, to a person where—

(a) the person ceases to be a non-executive member of the S4C Board otherwise than on the expiry of the person’s term of office, and

(b) it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.

Proceedings U.K.

5 (1) The S4C Board may regulate its own procedure (including quorum), subject to the provisions of paragraphs 6 and 7.

(2) The S4C Board may make arrangements providing for the discharge of any of the S4C Board’s functions by—

(a) a committee, or

(b) one or more persons each of whom is either a member of the S4C Board or an employee of S4C.

6 In managing the affairs of S4C the S4C Board must have regard to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to S4C.

7 (1) A member of the S4C Board who has an interest, whether directly or indirectly, in any matter that is brought up for consideration at a meeting of the S4C Board must disclose the nature of that interest to the meeting.

(2) Where a disclosure is made under sub-paragraph (1)—

(a) the disclosure must be recorded in the minutes of the meeting, and

(b) subject to sub-paragraph (3), the member must not take part in any deliberation or decision of the S4C Board, or any of its committees, with respect to that matter.

(3) Sub-paragraph (2)(b) does not apply in relation to a meeting of the S4C Board at which all the other members present resolve that the member’s interest is to be disregarded for the purposes of that provision.

(4) For the purposes of sub-paragraph (1)—

(a) a general notification given at a meeting of the S4C Board that the member is to be regarded as interested in any matter involving a specified organisation is to be regarded as a sufficient disclosure of the member’s interest in relation to any such matter, and

(b) a member may make a disclosure under that sub-paragraph without attending a meeting of the S4C Board if the member takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at a meeting.

(5) References in this paragraph to a meeting of the S4C Board include references to a meeting of any of its committees.

8 The validity of any proceedings of S4C or the S4C Board is not affected by—

(a) any vacancy among the members of the S4C Board,

(b) any defect in the appointment of a member of the S4C Board, or

(c) a failure to comply with the requirements of paragraph 7.]

Sections 67, 77 and 121.

SCHEDULE 7 U.K. Qualifying Revenue: Supplementary Provisions

Part I U.K. Qualifying Revenue for purposes of Part I or II of this Act

Modifications etc. (not altering text)

C105 Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 9 para. 8(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C106 Sch. 7 Pt. I applied (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 15(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C107 Sch. 7 Pt. I applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), ss. 237(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Computation of qualifying revenue U.K.

1 (1) It shall be the duty of [F633 OFCOM] to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person— U.K.

(a) for any accounting period of his, or

(b) for any year,

for the purposes of any provision of Part I or Part II of this Act.

(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.

(3) Before drawing up or revising a statement under this paragraph [F633 OFCOM] shall consult the Secretary of State and the Treasury.

(4) [F633 OFCOM] shall—

(a) publish the statement drawn up under this paragraph and every revision of that statement; and

(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;

and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.

[F634 (5) This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).]

Textual Amendments

F633 Words in Sch. 7 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F634 Sch. 7 Pt. 1 para. 1(5) inserted (17.10.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 19(5), 55(3)(a); S.I. 2024/1033, reg. 2

Disputes U.K.

2 (1) For the purposes of any provision of Part I or Part II of this Act— U.K.

(a) the amount of the qualifying revenue in relation to any person for any accounting period of his, or (as the case may be) for any year, or

(b) the amount of any payment to be made to [F633 OFCOM] by any person in respect of any such revenue, or of an instalment of any such payment,

shall, in the event of a disagreement between [F633 OFCOM] and that person, be the amount determined by [F633 OFCOM] .

(2) No determination of [F633 OFCOM] under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.

Textual Amendments

F633 Words in Sch. 7 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part II U.K. Qualifying Revenue for purposes of Part III of this Act

Computation of qualifying revenue U.K.

1 (1) It shall be the duty of [F635 OFCOM] to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue for any accounting period of a licence holder for the purposes of any provision of Part III of this Act. U.K.

(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.

(3) Before drawing up or revising a statement under this paragraph [F635 OFCOM] shall consult the Secretary of State and the Treasury.

(4) [F635 OFCOM] shall—

(a) publish the statement drawn up under this paragraph and every revision of that statement; and

(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;

and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.

Textual Amendments

F635 Words in Sch. 7 Pt. II substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disputes U.K.

2 (1) For the purposes of any provision of Part III of this Act— U.K.

(a) the amount of the qualifying revenue for any accounting period of a person, or

(b) the amount of any payment to be made to [F635 OFCOM] by any person in respect of any such revenue, or of an instalment of any such payment,

shall, in the event of a disagreement between [F635 OFCOM] and that person, be the amount determined by [F635 OFCOM] .

(2) No determination of [F635 OFCOM] under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.

Textual Amendments

F635 Words in Sch. 7 Pt. II substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 72(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Section 83.

F636 SCHEDULE 8 U.K. The Radio Authority: Supplementary Provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F636 Sch. 8 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Section 127.

SCHEDULE 9 U.K. Scheme Providing for Division of Assets of IBA

Preliminary U.K.

1 U.K. In this Schedule—

• “relevant transferee” shall be construed in accordance with paragraph 2(1) below; and

• “transfer scheme” means a scheme under this Schedule made either by the IBA under paragraph 2(1) below or by the Secretary of State under paragraph 2(4) below.

Making and modification of transfer scheme U.K.

2 (1) The IBA shall make a scheme under this Schedule for the division of all their property, rights and liabilities between— U.K.

(a) the Commission,

(b) the Radio Authority, and

(c) the nominated company;

and references in this Schedule to the relevant transferees are references to the bodies specified in paragraphs (a) to (c) above.

(2) Where such a scheme is made by the IBA, it shall not be capable of coming into force in accordance with section 127(1) of this Act unless it is approved by the Secretary of State.

(3) Where such a scheme is submitted to the Secretary of State for his approval, he may modify the scheme before approving it.

(4) If—

(a) the IBA have not, before such time as the Secretary of State may notify to them as the latest time for the submission of such a scheme, submitted such a scheme for his approval, or

(b) the Secretary of State decides not to approve (either with or without modifications) a scheme that has been submitted to him by the IBA,

the Secretary of State may himself make a scheme for the division of the IBA’s property, rights and liabilities between the relevant transferees.

(5) If, at any time after the Secretary of State has either—

(a) approved (either with or without modifications) a scheme under this Schedule made by the IBA, or

(b) himself made such a scheme,

but before the scheme has come into force in accordance with section 127(1) of this Act, the Secretary of State considers it appropriate to do so, he may determine that the scheme shall, on its so coming into force, come into force with such modifications as may be specified in his determination; and, in any such case, the scheme shall accordingly, on its coming into force, come into force with those modifications.

(6) If at any time after a transfer scheme has come into force—

(a) the Secretary of State considers it appropriate to make an order under this sub-paragraph, and

(b) every relevant transferee who would be affected by the order either—

(i) (in a case where any such transferee is the nominated company and that company has ceased to be wholly owned by the Crown) has consented to the making of the order, or

(ii) (in any other case) has been consulted by the Secretary of State,

the Secretary of State may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

(7) Any power to modify a transfer scheme which is conferred on the Secretary of State by this paragraph may be so exercised as to make any such provision as could have been made by the scheme, and an order under sub-paragraph (6) above may provide for any of its provisions to have effect as from the coming into force of the scheme to which it relates.

(8) In determining whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State shall have regard to the need to ensure that the division of property, rights and liabilities between the relevant transferees which is effected under this Schedule allocates property, rights and liabilities to those transferees in such a manner as appears to him to be appropriate—

(a) in the case of the Commission and the Radio Authority, in the light of the functions conferred on those bodies by this Act; and

(b) in the case of the nominated company, with a view to the carrying on by that company of a business consisting of—

(i) the provision of broadcasting transmission services and services related to such services, and

(ii) the carrying out of research and development work relating to broadcasting.

(9) It shall be the duty of the IBA and each of the relevant transferees to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.

(10) Nothing in this paragraph shall require a scheme under this Schedule to make provision—

(a) with respect to any equipment or other asset which the IBA have agreed to dispose of in pursuance of section 132(1) or 133(6) of this Act, or

(b) with respect to any liabilities of the IBA which—

(i) have not yet become enforceable against the IBA, and

(ii) are not specifically and exclusively referable to any particular part or parts of the undertaking of the IBA which is or are transferred in accordance with any such scheme to one or more of the relevant transferees, or

(c) with respect to any such rights or liabilities as are mentioned in sub-paragraph (11).

(11) Those rights and liabilities are rights and liabilities acquired by the IBA in connection with the sharing by the IBA and the BBC of the use of facilities (of whatever description) in connection with the transmission of television programmes or local sound broadcasts.

Content of transfer scheme U.K.

3 (1) A transfer scheme may— U.K.

(a) define the property, rights and liabilities to be allocated to a particular relevant transferee—

(i) by specifying or describing the property, rights and liabilities in question,

(ii) by referring to all the property, rights and liabilities comprised in a specified part of the IBA’s undertaking, or

(iii) partly in the one way and partly in the other;

(b) provide that any rights or liabilities specified or described in the scheme shall be enforceable either by or against either or any, or by or against both or all, of two or more relevant transferees;

(c) impose on any relevant transferee an obligation to enter into such written agreements with, or execute such instruments in favour of, such other relevant transferee as may be specified in the scheme;

(d) create for any of the relevant transferees an interest in or right over property transferred in accordance with the scheme to any other of those transferees;

(e) in connection with any provision made by virtue of paragraph (d), make incidental provision as to the interests, rights and liabilities of other persons with respect to the property in question.

(2) Without prejudice to the generality of sub-paragraph (1)(a), a transfer scheme may, in connection with any transfer to be made in accordance with the scheme, exclude from the transfer any rights and liabilities falling within paragraph 2(11) above and described in the scheme.

(3) A transfer scheme may also allocate to any of the relevant transferees such property, rights and liabilities to which the IBA may become entitled or subject after the making of the scheme and before the transfer date as may be described in the scheme.

(4) The property, rights and liabilities of the IBA that are capable of being transferred in accordance with a transfer scheme include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the IBA;

(b) property situated anywhere in the United Kingdom or elsewhere; and

(c) rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(5) It is hereby declared for the avoidance of doubt that the rights and liabilities capable of being so transferred include rights and liabilities of the IBA under any agreement or arrangement for the payment of pensions, allowances or gratuities.

(6) An obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c) shall be enforceable by civil proceedings brought by the other relevant transferee in question for an injunction or interdict or for any other appropriate relief.

Effect of transfer scheme U.K.

4 (1) Where a transfer scheme comes into force on the transfer date, this sub-paragraph shall have effect on that date so as to transfer to each of the relevant transferees, in accordance with the scheme’s provisions and without further assurance, such of the property, rights and liabilities of the IBA as are allocated to that transferee by the scheme. U.K.

(2) A transaction of any description which is effected in pursuance of any provision included in a transfer scheme in accordance with this Schedule shall be binding on all persons, notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the IBA or any relevant transferee.

(3) Where apart from this sub-paragraph any person would have power, in consequence of anything done or likely to be done by or under this Act, to terminate or modify an interest or right which is vested in the IBA at the passing of this Act, then—

(a) for the purposes of the transfer of the interest or right in accordance with a transfer scheme, that power shall not be exercisable in relation to the interest or right at any time before its transfer in accordance with the scheme; and

(b) without prejudice to any other provision of this Schedule, that power shall be exercisable in relation to the interest or right after its transfer only in so far as the scheme provides for it to be transferred subject to the power.

(4) Where, in consequence of any transfer made in accordance with a transfer scheme, all the property, rights and liabilities comprised in a particular part of the IBA’s undertaking are transferred to a relevant transferee—

(a) the M26 Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to the transfer, whether or not they would otherwise so apply, and

(b) that undertaking shall accordingly (whether or not it would otherwise be so regarded) be regarded for the purposes of those Regulations as an undertaking in the nature of a commercial venture.

Marginal Citations

M26 S.I. 1981/1794.

Third parties affected by transfer scheme U.K.

5 (1) This paragraph applies where— U.K.

(a) in consequence of any transfer made in accordance with a transfer scheme, any right or liability of a person (other than the IBA or any relevant transferee) which was enforceable against or by the IBA becomes enforceable against or by one or more relevant transferees; and

(b) apart from this Schedule that person’s consent or concurrence would have been required for that right or liability to become so enforceable;

and in this paragraph references to a third party are references to any such person.

(2) Subject to sub-paragraph (3), the IBA shall take reasonable steps to identify any third party and to notify him of the effect of the transfer in question on any right or liability of his falling within sub-paragraph (1), and of the effect of sub-paragraph (4).

(3) A transfer scheme may provide that the duties imposed on the IBA by sub-paragraph (2) in relation to a transfer shall be imposed instead on such one of the relevant transferees as may be specified in the scheme.

(4) Where—

(a) any right or liability of a third party has become enforceable against or by more than one relevant transferee, and

(b) the value of any property or interest of the third party is diminished thereby,

such compensation as is just shall be paid to the third party by one or more of the relevant transferees.

(5) Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (4), or as to the person to or by whom it shall be paid, shall be referred to and determined by—

(a) an arbitrator appointed by the Lord Chancellor; or

(b) where the proceedings are to be held in Scotland, an arbiter appointed by the Lord President of the Court of Session.

Supplemental provisions of scheme U.K.

6 (1) A transfer scheme may contain supplemental, consequential and transitional provisions for the purposes of, or in connection with, the division effected or any other provision made by the scheme. U.K.

(2) Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—

(a) that for purposes connected with any transfer made in accordance with the scheme a relevant transferee to whom anything is transferred in accordance with the scheme is to be treated as the same person in law as the IBA;

(b) that, so far as may be necessary for the purposes of or in connection with any such transfer, agreements made, transactions effected and other things done by or in relation to the IBA are to be treated as made, effected or done by or in relation to the relevant transferee to whom the transfer is made;

(c) that, so far as may be necessary for the purposes of or in connection with any such transfer, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any member or officer of, the IBA are to have effect with such modifications as are specified in the scheme;

(d) that proceedings commenced by or against the IBA are to be continued by or against such one of the relevant transferees as the scheme may provide in relation to any circumstances specified or described in it;

(e) that the effect of any transfer made in accordance with the scheme in relation to contracts of employment with the IBA is not to be to terminate any such contracts but is to be that periods of employment with the IBA are to count for all purposes as periods of employment with the relevant transferee to whom the transfer is made;

(f) that disputes as to the effect of the scheme between any of the relevant transferees are to be referred to such arbitration as may be specified in or determined under the scheme;

(g) that determinations on such arbitrations, and certificates given jointly by all or any two of the relevant transferees as to the effect of the scheme as between the transferees concerned, are to be conclusive for all purposes.

Vesting of IBA’s property after coming into force of scheme U.K.

7 (1) A transfer scheme may provide for the imposition of duties— U.K.

(a) on the IBA, and

(b) on all or any of the relevant transferees,

to take all such steps as may be requisite to secure that the vesting in any of those transferees, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.

(2) The provisions of a transfer scheme may require the IBA to comply with any directions of any of the relevant transferees in performing any duty imposed on the IBA by virtue of a provision included in the scheme by virtue of sub-paragraph (1).

(3) A transfer scheme may provide that, until the vesting of any foreign property, right or liability of the IBA in a relevant transferee is effective under the relevant foreign law, it shall be the duty of the IBA to hold that property or right for the benefit of, or to discharge that liability on behalf of, that transferee.

(4) Nothing in any provision included in a transfer scheme by virtue of this paragraph shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in a relevant transferee, by virtue of the scheme, of any foreign property, right or liability.

(5) The IBA shall have all such powers as may be requisite for the performance of any duty imposed on them by any provision included in a transfer scheme by virtue of this paragraph; but such a scheme may require a relevant transferee to act on behalf of the IBA (so far as possible) for the purposes of, or in connection with, the performance of any such duty in relation to any property, right or liability vested in the transferee by virtue of the scheme.

(6) A transfer scheme may provide that any foreign property, rights or liabilities that are acquired or incurred by the IBA after the scheme comes into force are immediately to become property, rights or liabilities of such one of the relevant transferees as is specified in the scheme; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the IBA when the scheme comes into force.

(7) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(8) Any expenses incurred by the IBA in consequence of any provision included in a transfer scheme by virtue of this paragraph shall be met by the relevant transferees in such proportions as may be determined by or under the scheme.

Certificate of Secretary of State as to vesting of property etc. U.K.

8 (1) Subject to sub-paragraph (2), a certificate issued by the Secretary of State to the effect that any property, right or liability of the IBA vested at a particular time by virtue of this Schedule in one or more of the relevant transferees shall be conclusive evidence of the matters stated in the certificate. U.K.

(2) Nothing in any such certificate shall prejudice the operation of a certificate issued by virtue of a provision included in a transfer scheme by virtue of paragraph 6(2)(g) above.

Power of Secretary of State to control division of IBA’s pension fund U.K.

9 (1) If the Secretary of State so determines, the trustees of the Independent Broadcasting Authority Staff Pensions Plan shall refer to him, before such date as he may specify, the division and distribution of the relevant assets which is to be made by them for the purpose of making a transfer payment to a pension scheme established by the nominated company for its employees; and, if he does so, any such division and distribution of those assets and liabilities shall not be made by the trustees except— U.K.

(a) with his consent, or

(b) in accordance with an order made by him under sub-paragraph (2).

(2) Where any such division and distribution is referred to the Secretary of State under sub-paragraph (1), he may by order direct that the relevant assets shall be divided and distributed by the trustees in such manner, and at such time, as is specified in the order; and any provision of—

(a) the Plan referred to in sub-paragraph (1), or

(b) any enactment relating to occupational pension schemes, including any enactment relating to transfer values,

shall not have effect to the extent that it is inconsistent with the division and distribution of those assets in accordance with any such order.

(3) When making an order under sub-paragraph (2) the Secretary of State shall have regard to the interests of all classes of persons who are for the time being beneficiaries or potential beneficiaries under the Plan referred to in sub-paragraph (1).

(4) In this paragraph—

• “the relevant assets” means the assets held by or on behalf of the trustees; and

• “the trustees” means the trustees of the Plan referred to in sub-paragraph (1).

(5) An order under sub-paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Discharge by IBA of contingent etc. liabilities U.K.

10 (1) This paragraph applies to any liabilities to which the IBA are subject on or after the transfer date, being liabilities which— U.K.

(a) had not become enforceable against the IBA before that date, and

(b) are not specifically and exclusively referable to any particular part or parts of the undertaking of the IBA which has or have been transferred in accordance with a transfer scheme to one or more of the relevant transferees.

(2) Any sums required by the IBA for the purpose of discharging any liabilities to which this paragraph applies shall be paid to them by the Secretary of State out of money provided by Parliament.

(3) Any payments made to the IBA under sub-paragraph (2) may be so made subject to such conditions as the Secretary of State may determine with the approval of the Treasury.

Final accounts and annual report of IBA U.K.

11 (1) The IBA shall, as soon as possible after the transfer date, prepare such a statement of accounts as is mentioned in subsection (1) of section 42 of the Act 1981 (accounts and audit) in respect of the period between— U.K.

(a) the end of the financial year for which the last statement of accounts was prepared by them under that section, and

(b) the transfer date,

whether that period is a financial year or not; and that section shall continue to apply on and after that date in relation to the auditing of accounts kept in accordance with that subsection in respect of that period.

(2) The IBA shall, as soon as possible after the transfer date, prepare and transmit to the Secretary of State, in accordance with section 43 of that Act (annual reports), such a report as is mentioned in subsection (1) of that section in respect of the period between—

(a) the end of the financial year for which the last such report was prepared by them under that section, and

(b) the transfer date,

whether that period is a financial year or not.

(3) Subsection (2) of that section shall apply to any such report as if the references to the statement of accounts for the year in question included references to the statement of accounts prepared in accordance with sub-paragraph (1) above.

(4) The Secretary of State shall lay copies of any such report before each House of Parliament.

(5) Any expenses incurred by the IBA under this paragraph shall be met by such one or more of the relevant transferees, and (if more than one) in such proportions, as may be determined by or under a transfer scheme.

Section 128.

SCHEDULE 10 U.K. Supplementary Provisions Relating To Dissolution of Cable Authority

Provisions as to vesting of property etc. of Cable Authority U.K.

1 (1) Sub-paragraph (2) below shall have effect for the purposes of, or in connection with, the vesting in the Commission by virtue of section 128(1) of this Act of property, rights or liabilities of the Cable Authority. U.K.

(2) Any agreement made, transaction effected or other thing done by or in relation to the Cable Authority which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by or in relation to the Commission, in all respects as if the Commission were the same person, in law, as the Cable Authority; and accordingly references to the Cable Authority—

(a) in any agreement (whether or not in writing) and in any deed, bond or instrument,

(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority, and

(c) in any other document whatever (other than an enactment),

shall be taken as from the transfer date as referring to the Commission.

2 (1) Where immediately before the transfer date there is in force an agreement which— U.K.

(a) confers or imposes on the Cable Authority any rights or liabilities which vest in the Commission by virtue of section 128(1), and

(b) refers (in whatever terms and whether expressly or by implication) to a member or officer of the Cable Authority,

the agreement shall have effect, in relation to anything falling to be done on or after the transfer date, as if for that reference there were substituted a reference to such person as the Commission may appoint or, in default of appointment, to the member or employee of the Commission who corresponds as nearly as possible to the member or officer of the Authority in question.

(2) References in this paragraph to an agreement include references to a deed, bond or other instrument.

Transfer of employees U.K.

3 (1) It is hereby declared for the avoidance of doubt that— U.K.

(a) the effect of section 128(1) in relation to any contract of employment with the Cable Authority in force immediately before the transfer date is merely to modify that contract (as from that date) by substituting the Commission as the employer (and not to terminate the contract or vary it in any other way); and

(b) that provision is effective to vest the rights and liabilities of the Cable Authority under any agreement or arrangement for the payment of pensions, allowances or gratuities in the Commission along with all the other rights and liabilities of the Authority.

(2) Accordingly, for the purposes of any such agreement or arrangement as it has effect as from the transfer date, any period of employment with the Cable Authority shall count as employment with the Commission.

(3) The Transfer of Undertakings M27 (Protection of Employment) Regulations 1981 shall apply to the transfer to the Commission, by virtue of section 128(1), of the undertaking of the Cable Authority, whether or not they would otherwise so apply; and that undertaking shall accordingly (whether or not it would otherwise be so regarded) be regarded for the purposes of those Regulations as an undertaking in the nature of a commercial venture.

Marginal Citations

M27 S.I. 1981/1794.

Final accounts and annual report of Cable Authority U.K.

F637 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F637 Sch. 10 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 19

Section 129.

SCHEDULE 11 U.K. Transitional Provisions Relating to IBA’s Broadcasting Services

Part I U.K. General

In this Schedule—

• “the M28 1981 Act” means the Broadcasting Act 1981;

• “the Authority” means the Radio Authority;

• “Channel 4” means the additional broadcasting service referred to in section 10(1) of the 1981 Act, but excluding so much of that service as consisted, immediately before the transfer date, in the broadcasting of programmes for reception wholly or mainly in Wales, and “on Channel 4” means in the said service;

• “the interim period” means the period referred to in paragraph 1(1) in Part II of this Schedule;

• “local licence” and “local service” have the same meaning as in Part III of this Act;

• “S4C” means the television broadcasting service referred to in section 57(1) of this Act, and “on S4C” means in that service.

Marginal Citations

M28 1981 c. 68.

Part II U.K. Television Broadcasting Services to be provided by Commission

IBA’s television broadcasting services to be provided by Commission during interim period U.K.

1 (1) During the period beginning with the transfer date and ending with 31st December 1992 (referred to in this Schedule as “the interim period”) the following television broadcasting services, namely— U.K.

(a) ITV,

(b) Channel 4,

(c) any teletext service provided by the IBA down to the transfer date, and

(d) any DBS services so provided,

shall be provided by the Commission in accordance with this Part of this Schedule.

(2) The services provided by the Commission as mentioned in sub-paragraph (1) shall be of high quality both as to the transmission and as to the matter transmitted and (subject to paragraph 3(1) below) shall be provided by the Commission for so much of the United Kingdom as may from time to time be reasonably practicable.

(3) During the interim period the following provisions of the 1981 Act, namely—

(a) section 2(2),

(b) sections 3 to 9,

(c) sections 14(3) and 15,

(d) sections 28 and 29, and

(e) Schedule 2,

shall (subject to the provisions of this Part of this Schedule) have effect in connection with the provision of those services by the Commission as they had effect, immediately before the transfer date, in connection with the provision of those services by the IBA.

(4) The provisions specified in sub-paragraph (3) above shall have effect in accordance with that sub-paragraph with the following general modifications, namely—

(a) any reference to the IBA shall (subject to paragraph (b) and sub-paragraph (8) below) be construed as a reference to the Commission; and

(b) any reference to any of the broadcasting stations used by the IBA shall be construed as a reference to any of the broadcasting stations used in the provision of any of the services provided by the Commission as mentioned in sub-paragraph (1) above.

(5) Section 3(2)(b) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the substitution of the following sub-paragraph for sub-paragraph (ii)—

“(ii) by reason of the termination of any contract with a programme contractor;”and.

(6) Section 8 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the omission of subsections (6) to (9) of that section; but (except in the case of any programme to which the Commission determine that the following prohibition is not to apply) none of the broadcasting services provided by the Commission as mentioned in sub-paragraph (1) above shall include a programme which is sponsored by any person whose business consists, wholly or mainly—

(a) in the manufacture or supply of a product, or

(b) in the provision of a service,

the advertising of which in any such broadcasting service is prohibited by virtue of any provision of that Act (as applied by this paragraph) or of the code under section 9 of that Act (as so applied).

(7) Section 9 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if—

(a) in subsection (1)(a), after “standards and practice in advertising” there were inserted “ and in the sponsoring of programmes ”;

(b) in subsection (1)(b), there were inserted at the end “ and as regards the sponsoring of programmes so broadcast ”; and

(c) after “methods of advertising” (wherever occurring) there were inserted “ or sponsorship ”;

and the Commission may give effect to paragraph (a) above by making modifications to the code in force under section 9 immediately before the transfer date.

(8) Section 29(5) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if the reference to requiring the IBA by notice in writing to do, or not to do, anything mentioned in that provision were a reference to requiring the Commission by notice in writing to direct any programme contractor specified in the notice—

(a) to do, or not to do, that thing, or

(b) (if the context so requires) to secure that that thing is or is not done.

(9) Without prejudice to the generality of sub-paragraph (5) of paragraph 2 below, the Commission may make such variations of a contract to which sub-paragraph (1) of that paragraph applies as appear to them to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on them under section 28 or 29 of the 1981 Act (as applied by this paragraph).

General provisions about programme contracts and programme contractors U.K.

2 (1) Sections 2(3) and 14(2) of the 1981 Act shall have effect in relation to the Commission and the programmes and teletext transmissions broadcast by them in the services provided by them as mentioned in paragraph 1(1) above as they had effect immediately before the transfer date in relation to the IBA and the programmes and teletext transmissions broadcast by them in the services mentioned in paragraph 1(1); and where a contract between the IBA and a programme contractor or a teletext contractor is effective immediately before that date— U.K.

(a) the contract shall continue to have effect on and after that date (subject to and in accordance with this Part of this Schedule) as a contract between the Commission and that contractor and any other party to it, and

(b) any reference in the contract to the IBA shall accordingly be construed, in relation to any time falling on or after that date, as a reference to the Commission.

(2) During the interim period the following provisions of the 1981 Act, namely—

(a) sections 19(1) to (2B) and 20(2) to (9),

(b) sections 21 to 25,

(c) sections 32 to 35, and

(d) Schedule 4,

shall have effect in relation to any contract to which sub-paragraph (1) applies, or (as the case may be) in relation to the programme contractor or teletext contractor under any such contract, subject to the modifications specified in sub-paragraph (3) and subject also to paragraphs 4 and 5 below.

(3) The modifications of the provisions specified in sub-paragraph (2) are as follows—

(a) any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed as a reference to the Commission;

(b) sections 21 and 23 shall have effect as if any reference to the IBA’s obligation to transmit the programmes supplied by a programme contractor were a reference to the right and the duty of the programme contractor under his contract to provide programmes for broadcasting in one of the services provided by the Commission as mentioned in paragraph 1(1) above;

(c) section 22 shall have effect as if any reference to the programmes, or television programmes, supplied to the IBA were a reference to the programmes, or television programmes, supplied for broadcasting in one of those services; and

(d) section 32(1)(a) shall have effect as if—

(i) for “the branch” there were substituted “ the part ”, and

(ii) for “section 36(2) in relation to that branch” there were substituted “ paragraph 12(1) of Schedule 1 to the Broadcasting Act 1990 in relation to that part ”.

(4) The Commission shall do all that they can to secure that during the interim period no person who is, or is an associate of, a TV programme contractor—

(a) holds any local licence, or

(b) controls any body which holds any such licence, or

(c) is a participant with more than a 20 per cent. interest in a body corporate which holds any such licence,

in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the area for which television programmes are to be provided under the TV programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act.

(5) The Commission may make such variations of a contract to which sub-paragraph (1) applies as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.

Provisions relating to Channel 4 U.K.

3 (1) Channel 4 shall be provided by the Commission during the interim period for so much of England, Scotland and Northern Ireland as may from time to time be reasonably practicable. U.K.

(2) The programmes (other than advertisements) broadcast by the Commission on Channel 4 shall (without prejudice to section 12(2) of the 1981 Act, as applied by this paragraph) be provided by the Commission.

(3) In consequence of sub-paragraph (2), sections 3(2) and 6 of the 1981 Act (as applied by paragraph 1 above) do not apply in the case of Channel 4.

(4) Subject to the modifications specified in sub-paragraph (5), sections 11 to 13 of the 1981 Act shall have effect in connection with the provision of Channel 4 by the Commission during the interim period as they had effect immediately before the transfer date in connection with the provision of that service by the IBA.

(5) The modifications of the provisions specified in sub-paragraph (4) are as follows—

(a) any reference in those provisions to the IBA shall (subject to paragraph (c) below) be construed as a reference to the Commission;

(b) section 12(1) shall have effect as if for the reference to paragraph 4(1) of Schedule 1 to the 1981 Act there were substituted a reference to paragraph 1(3) of Schedule 1 to this Act;

(c) section 12(2) shall have effect as if for the reference to a subsidiary of the IBA formed by them for the purpose there were substituted a reference to a subsidiary of the Commission (being the body corporate formed by the IBA in pursuance of that provision); and

(d) in section 13, subsection (4) shall (in consequence of paragraph 1(6) above) have effect with the omission of paragraph (c).

Provisions relating to teletext services U.K.

4 (1) For the purposes of— U.K.

(a) this Part of this Schedule, and

(b) the provisions of the 1981 Act which have effect in accordance with this Part of this Schedule,

teletext transmissions shall not be treated as programmes; but this is subject to sub-paragraph (2) and to any of those provisions of the 1981 Act which expressly requires such transmissions to be so treated for the purposes of any particular provision.

(2) In paragraphs 1(8) and 2(3)(b) above and 10 below and in the provisions specified in Part I of Schedule 3 to the 1981 Act (as they have effect in accordance with this Part of this Schedule)—

(a) references to programmes or to television programmes shall be read as including references to teletext transmissions; and

(b) references to programme contractors shall be read as including references to teletext contractors.

(3) In section 3(2) of the 1981 Act, in its application to teletext transmissions or teletext contractors by virtue of sub-paragraph (2), the reference to section 2(3) of that Act shall be read as a reference to section 14(2) of that Act (as it has effect by virtue of paragraph 2(1) above).

(4) The following provisions of the 1981 Act, namely—

(a) section 20(2)(b) and (3), and

(b) section 22,

shall not have effect by virtue of paragraph 2(2) above in relation to teletext contractors or their contracts.

Provisions relating to DBS services U.K.

5 (1) The following provisions of the 1981 Act, namely— U.K.

(a) in section 2(2), paragraph (c) and in paragraph (b) the words “and a proper balance and wide range in their subject matter”,

(b) in section 4(1), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient amount of time in the programmes to news and news features,

(c) section 20(2)(b) and (3),

(d) section 22, and

(e) section 24,

shall not have effect by virtue of paragraph 1(3) or 2(2) above in connection with the provision of DBS services by the Commission or (as the case may be) in relation to DBS contractors or their contracts.

(2) Every contract between the Commission and a DBS programme contractor shall contain all such provisions as the Commission think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor.

(3) For the purpose of enabling a DBS programme or teletext contractor to make charges for the reception of programmes provided by him or transmissions containing material so provided, the Commission may, notwithstanding anything in the 1981 Act as it has effect in accordance with this Part of this Schedule, broadcast the programmes or transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent persons from receiving them unless they obtain from the contractor the means of doing so.

(4) Where under the power conferred by sub-paragraph (3) the Commission broadcast programmes or transmissions in such a form as is mentioned in that sub-paragraph, nothing in the 1981 Act (as it so has effect) shall be taken as requiring the Commission to permit advertisements to be included in the programmes or transmissions.

(5) Where any service falling within section 46(1) of this Act is provided during the interim period on any of the spare capacity within the frequencies on which any DBS services are provided by the Commission in accordance with this Part of this Schedule, that service is licensable under section 47 of this Act as a licensable programme service, and not otherwise.

General provisions relating to S4C U.K.

6 (1) Subject to the provisions of this paragraph and paragraph 7 below, S4C shall be provided during the interim period by the Welsh Authority in accordance with Chapter VI of Part I of this Act. U.K.

(2) During that period—

(a) any reference in section 57(3) or 58(2) or (4) of this Act to Channel 4 shall be construed as a reference to the Channel 4 service provided by the Commission in accordance with paragraph 1 above; and

(b) the reference in section 58(2) to the Channel Four Television Corporation shall be construed as a reference to the Commission.

(3) So much of section 4(1)(d) of the 1981 Act (as applied by paragraph 1 above) as relates to cases where another language as well as English is in common use among persons served by the station or stations in question, shall, in the case of programmes broadcast by the Commission on ITV for reception wholly or mainly in Wales, apply only to languages other than Welsh.

Broadcasting of advertisements on S4C U.K.

7 (1) During the interim period the programmes broadcast by the Welsh Authority on S4C for reception in the area of any TV programme contractor may, so long as the provisions of the 1981 Act (as applied by this Part of this Schedule) are complied with in relation thereto, include advertisements provided for insertion therein by that contractor in consideration of payments to him. U.K.

(2) Any such TV programme contractor shall have the right to provide advertisements for inclusion in the programmes broadcast on S4C for reception in his area so long as—

(a) he makes the required payments to the Commission, and

(b) the provisions of the 1981 Act (as applied by this Part of this Schedule) are complied with in relation to such advertisements.

(3) In sub-paragraph (2) “the required payments” means such payments as are required to be paid by the programme contractor by virtue of any provision of his contract included in pursuance of section 13(2) of the 1981 Act.

(4) For any period in which programmes are to be broadcast on S4C for reception in the area of a TV programme contractor it shall be the duty of the Welsh Authority to make suitable arrangements—

(a) for the contractor to receive advance information about the programmes other than advertisements which are to be so broadcast in that period and about the periods which will be available for the broadcasting of advertisements; and

(b) for the inclusion, in the programmes so broadcast in that period, of advertisements provided for the purpose by the contractor in the exercise of his right to do so under sub-paragraph (2).

(5) No period allocated by the Welsh Authority to the broadcasting of advertisements on S4C shall be located—

(a) in any break in any programme supplied to them by the BBC; or

(b) without the consent of the BBC, at the beginning or end of any such programme.

(6) Orders for the inclusion by a TV programme contractor of advertisements among those provided by him for insertion in the programmes broadcast on S4C may be received either through advertising or other agents or direct from the advertiser.

(7) During the interim period—

(a) section 8(5) of the 1981 Act shall apply in relation to the programmes broadcast by the Welsh Authority on S4C as that provision applies, in accordance with this Part of this Schedule, in relation to the programmes broadcast by the Commission on ITV;

(b) the Commission shall do all that they can to secure that the provisions of—

(i) Schedule 2 to the 1981 Act (as it applies in accordance with this Part of this Schedule), and

(ii) the code under section 9 of that Act,

are complied with in relation to the advertisements broadcast by the Welsh Authority on S4C and in relation to the sponsorship of programmes so broadcast;

(c) section 9(2) and (3) of that Act shall apply accordingly in relation to advertisements and other programmes so broadcast; and

(d) (except in the case of any programme to which the Welsh Authority determine that this paragraph is not to apply) S4C shall not contain any programme which is sponsored by any person whose business consists, wholly or mainly—

(i) in the manufacture or supply of a product, or

(ii) in the provision of a service,

the advertising of which on ITV is prohibited by virtue of any provision of that Act or of the code under section 9 of that Act.

(8) So long as any directions given under section 9(4) of the 1981 Act (whether by the IBA or by the Commission) remain in force, the Welsh Authority shall, in broadcasting advertisements on S4C, give effect to the provisions of the directions as if they were provisions regulating the times when advertisements are to be allowed to be broadcast on S4C.

(9) Section 60(1) to (4) and (6) of this Act shall not have effect in relation to the Welsh Authority during the interim period.

Financing of S4C during interim period U.K.

8 (1) For each financial year, or part of a financial year, falling within the interim period the Commission shall (unless any payment has already been made in respect of it under section 39(1) of the 1981 Act) pay to the Welsh Authority— U.K.

(a) such sum or sums as may be agreed between them to be appropriate for enabling the Welsh Authority to meet their reasonable outgoings, or

(b) in default of such agreement, such sum or sums as the Secretary of State may determine to be appropriate for that purpose.

(2) For the purposes of section 32(1)(a) of the 1981 Act (as applied by paragraph 2 above) all sums paid by the Commission to the Welsh Authority in pursuance of sub-paragraph (1) above shall be treated as expenditure properly incurred in respect of the part of the Commission’s undertaking which consists of the provision of television broadcasting services.

(3) In deciding from time to time whether to make any, and if so what, use of his power under subsection (8) of section 32 of the 1981 Act (as so applied) to amend by order subsections (4) and (5) of that section the Secretary of State may have regard to any increase in the aggregate amount of the payments to be made under the head described in subsection (1)(a) of that section which is attributable to the provisions of sub-paragraph (1).

(4) The provisions applied to the Welsh Authority by section 52(2) of the 1981 Act shall continue to apply to them on and after the transfer date in relation to any financial year ending before that date; and paragraphs 12 and 13 of Schedule 6 to this Act shall accordingly apply in relation to any subsequent financial year.

Delivery of programmes by means of local delivery services U.K.

9 U.K. Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any television broadcasting service provided by the Commission in accordance with this Part of this Schedule.

Provisions relating to Broadcasting Complaints Commission U.K.

10 (1) Part V of this Act shall have effect as if— U.K.

(a) section 143(2) of this Act included a reference to any television programme broadcast by the Commission during the interim period;

(b) (subject to sub-paragraph (2)) the Commission were—

(i) in relation to the provision by them of television broadcasting services in accordance with this Part of this Schedule, and

(ii) in relation to the broadcasting of advertisements on S4C during the interim period,

a broadcasting body within the meaning of that Part of this Act; and

(c) the Welsh Authority accordingly were not a broadcasting body within the meaning of that Part of this Act in relation to any such broadcasting of advertisements on S4C.

(2) Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Commission shall make such variations of any contract to which paragraph 2(1) above applies as appear to them to be appropriate—

(a) for requiring the programme contractor under that contract—

(i) in the case of every programme provided by him which is broadcast by the Commission during the interim period, to retain a recording of that programme for the period of 90 days beginning with the broadcast,

(ii) if requested to do so by the Commission for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4), 155(3) or 167(1) of this Act, to produce any such recording to them, and

(iii) if requested to do so by the Commission for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4) or 155(3) of this Act, to produce to them any transcript of any such programme which he is able to produce to them; and

(b) for ensuring compliance by the programme contractor with any request to which section 145(7) of this Act applies which may be made to him by the BCC.

(3) For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the interim period, the Secretary of State shall notify to the Commission the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts to which paragraph 2(1) above applies, towards the expenses of the BCC; and the Commission shall pay to the Secretary of State any sum notified to them under this sub-paragraph.

(4) Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the interim period as if the reference to the BBC or the Welsh Authority included a reference to the Commission.

(5) In this paragraph “the BCC” means the Broadcasting Complaints Commission.

Provisions relating to Broadcasting Standards Council U.K.

11 U.K. Part VI of this Act shall have effect during the interim period as if—

(a) section 152(2) of this Act included a reference to any television programme broadcast by the Commission during that period;

(b) the Commission were—

(i) in relation to the provision by them of television broadcasting services in accordance with this Part of this Schedule, and

(ii) in relation to the broadcasting of advertisements on S4C during the interim period,

a broadcasting body within the meaning of that Part of this Act; and

(c) the Welsh Authority accordingly were not a broadcasting body within the meaning of that Part of this Act in relation to any such broadcasting of advertisements on S4C.

Supplementary provisions U.K.

12 (1) Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA— U.K.

(a) in pursuance of a provision of the 1981 Act which has effect during the interim period in accordance with this Part of this Schedule, and

(b) in connection with any of the IBA’s television broadcasting services,

shall, if in force or effective immediately before the transfer date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Commission.

(2) Anything which immediately before that date was in the process of being done by or in relation to the IBA may, if it was being so done as mentioned in paragraphs (a) and (b) of sub-paragraph (1), be continued on or after that date by or in relation to the Commission.

(3) Sections 61 and 62 of the 1981 Act shall have effect during the interim period for the relevant purposes as if any reference to the IBA were a reference to the Commission.

(4) In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect during the interim period in accordance with this Part of this Schedule.

Part III U.K. Replacement of DBS Contracts by Licences under Part I

Replacement of DBS programme contract by domestic satellite licence U.K.

1 (1) Where any contract which, by virtue of paragraph 2(1) in Part II of this Schedule, has effect as a contract between the Commission and a DBS programme contractor is effective immediately before the relevant date— U.K.

(a) the contract shall cease to have effect on that date; but

(b) the contractor shall be granted by the Commission as from that date a licence under Part I of this Act to provide a domestic satellite service which, in accordance with section 44(2) of this Act, authorises the provision of a multichannel service on the frequencies on which any DBS services consisting of programmes provided by him under the contract were being provided by the Commission down to that date.

(2) In sub-paragraph (1) “multichannel service” means a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies.

(3) Any licence granted in pursuance of sub-paragraph (1) shall be so granted notwithstanding anything in sections 15 to 17 of this Act (as applied by section 44 of this Act); and nothing in section 19 of this Act (as so applied) shall apply to any such licence until such time (if any) as it is renewed in accordance with sub-paragraph (4).

(4) Section 20 of this Act (as so applied) shall apply to any such licence as if—

(a) in subsection (1), the first reference to a period of fifteen years were a reference to the period beginning with the relevant date and ending with the date on which the contract referred to in sub-paragraph (1) would have expired apart from that sub-paragraph;

(b) in subsection (6)(b), the words from “a different” to “as” were omitted; and

(c) in subsection (9)(a), the reference to any conditions included in the licence in pursuance of section 19 were a reference to any conditions so included in accordance with sub-paragraph (5) below.

(5) Where any such licence is to be renewed in accordance with sub-paragraph (4), the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in consequence of sub-paragraph (3).

(6) Section 3(3) shall, in its application in relation to any such licence, have effect—

(a) with the omission of paragraph (a), and

(b) as if the reference to Part I of this Act included a reference to this Part of this Schedule.

(7) Section 41 shall have effect in relation to any such licence with the omission of subsection (2); and the maximum amount which the holder of any such licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be the sum for the time being specified in section 45(6).

(8) Except as provided in the preceding provisions of this paragraph, Part I of this Act applies to a licence granted in pursuance of this paragraph as it applies to any other licence to provide a domestic satellite service.

(9) In this Part of this Schedule—

(a) “the relevant date” means the day immediately following the end of the interim period; and

(b) “additional services licence” and “domestic satellite licence” have the same meaning as in Part I of this Act.

Power to require licence holder to make additional payments under 1981 Act U.K.

2 (1) The Secretary of State may by order provide for such of the provisions of sections 32 to 35 of, and Schedule 4 to, the 1981 Act as are specified in the order to have effect (subject to such modifications as are so specified)— U.K.

(a) in relation to the holder of any licence granted in pursuance of paragraph 1 above, or

(b) in relation to any such licence,

with a view to making provision for and in connection with the making by the holder of any such licence to the Commission of payments determined in accordance with section 32 of that Act in respect of profits or advertising revenue (or both) within the meaning of that section.

(2) Any such order shall be so framed as to secure that, subject to such modifications as the Secretary of State considers appropriate and to sub-paragraph (4), the provisions of the 1981 Act applied by the order as mentioned in sub-paragraph (1)(a) and (b) so apply in a similar way to that in which they applied immediately before the relevant date in relation to a DBS programme contractor or (as the case may be) in relation to the contract of any such contractor.

(3) Without prejudice to the generality of sub-paragraph (2), any such order shall provide for any excess of a DBS programme contractor’s relevant expenditure over his relevant income to be carried forward and treated as relevant expenditure for the purpose of computing his profits as the holder of a licence granted in pursuance of paragraph 1 above.

Expressions used in this sub-paragraph which are also used in Schedule 4 to the 1981 Act have the same meaning as in that Schedule.

(4) The power of the Secretary of State to make an order under subsection (8) of section 32 of the 1981 Act shall include power to make an order amending any of the provisions of subsections (4) and (5) of that section in so far as they have effect, by virtue of sub-paragraph (1), in relation to the holder of a licence granted in pursuance of paragraph 1 above.

(5) Where an order under sub-paragraph (1) comes into force at any time after the relevant date, the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary any licence granted in pursuance of paragraph 1 above by including in it such conditions as appear to them to be necessary or expedient in consequence of the order.

(6) Nothing in any such order shall impose on the holder of any such licence any liability to make any payment in respect of any time when any conditions included in the licence in accordance with paragraph 1(5) above are in force.

(7) An order shall not be made by the Secretary of State under sub-paragraph (1) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Replacement of DBS teletext contract by additional services licence U.K.

3 (1) Where any contract which, by virtue of paragraph 2(1) in Part II of this Schedule, has effect as a contract between the Commission and a DBS teletext contractor is effective immediately before the relevant date— U.K.

(a) the contract shall cease to have effect on that date; but

(b) the contractor shall be granted by the Commission as from that date an additional services licence under Part I of this Act which allocates for use under the licence all of the spare capacity within the frequencies on which any DBS services consisting of programmes provided by him as a DBS programme contractor were provided by the Commission down to that date.

(2) Any such licence shall be so granted notwithstanding anything in sections 50 and 51 of this Act; and nothing in section 52 of this Act shall apply to any such licence until such time (if any) as it is renewed in accordance with sub-paragraph (3).

(3) Section 53 of this Act shall apply to any such licence as if—

(a) in subsection (1)(a), the reference to a period of ten years were a reference to the period beginning with the relevant date and ending with the date on which any contract to which paragraph 1(1) above applies and to which the DBS teletext contractor was a party immediately before the relevant date would have expired apart from that provision;

(b) subsection (3) were omitted;

(c) in subsection (5), paragraph (a) were omitted;

(d) in subsection (7)(b), the words from “a different” to “as” were omitted; and

(e) in subsection (10), the reference to any conditions included in the licence in pursuance of section 52 were a reference to any conditions so included in accordance with sub-paragraph (4) below.

(4) Where any such licence is to be renewed in accordance with sub-paragraph (3), the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in consequence of sub-paragraph (2).

(5) Section 3(3) shall, in its application in relation to any such licence, have effect—

(a) with the omission of paragraph (a), and

(b) as if the reference to Part I of this Act included a reference to this Part of this Schedule.

(6) Section 55 shall have effect in relation to any such licence with the omission of subsection (2); and the maximum amount which the holder of any such licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1) of that section shall instead be the sum for the time being specified in section 45(6).

(7) In sub-paragraph (1)(b) above the reference to spare capacity within the frequencies referred to in that provision includes a reference to spare capacity within those frequencies which (not being spare capacity within the signals carrying a television broadcasting service) is not spare capacity within the meaning of Part I of this Act; and references in that Part of this Act (however expressed) to the spare capacity authorised to be used under an additional services licence shall, in relation to any such licence as is mentioned in sub-paragraph (1)(b), accordingly be construed as including a reference to spare capacity within those frequencies which is not spare capacity within the meaning of that Part of this Act.

(8) Except as provided in the preceding provisions of this paragraph, Part I of this Act applies to a licence granted in pursuance of this paragraph as it applies to any other additional services licence.

Part IV U.K. Sound Broadcasting Services to be Provided by Radio Authority

Certain local sound broadcasting services of IBA to be provided by Radio Authority as from transfer date U.K.

1 (1) So long as any contracts for the provision of local sound broadcasts continue in force on and after the transfer date by virtue of paragraph 2(1) below, the Authority shall provide, in accordance with this Part of this Schedule, local sound broadcasting services consisting in the broadcasting of programmes provided by the programme contractors under those contracts. U.K.

(2) The services provided by the Authority as mentioned in sub-paragraph (1) shall be of high quality both as to the transmission and as to the matter transmitted, and shall be provided for the localities in the United Kingdom for which the programmes in question are to be provided by the programme contractors under their contracts.

(3) As from the transfer date the following provisions of the 1981 Act, namely—

(a) section 2(2),

(b) sections 3 to 9,

(c) sections 28 and 29, and

(d) Schedule 2,

shall have effect in connection with the provision of those services by the Authority as they had effect, immediately before the transfer date, in connection with the provision of local sound broadcasting services by the IBA.

(4) The provisions specified in sub-paragraph (3) above shall have effect in accordance with that sub-paragraph with the following general modifications, namely—

(a) any reference to the IBA shall (subject to paragraph (b) and sub-paragraph (8) below) be construed as a reference to the Authority; and

(b) any reference to any of the broadcasting stations used by the IBA shall be construed as a reference to any of the broadcasting stations used in the provision of any of the services provided by the Authority as mentioned in sub-paragraph (1) above.

(5) Section 3(2)(b) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the substitution of the following sub-paragraph for sub-paragraph (ii)—

“(ii) by reason of the termination of any contract with a programme contractor; and”.

(6) Section 8 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the omission of subsections (6) to (9) of that section; but (except in the case of any programme to which the Authority determine that the following prohibition is not to apply) none of the broadcasting services provided by the Authority as mentioned in sub-paragraph (1) above shall include a programme which is sponsored by any person whose business consists, wholly or mainly—

(a) in the manufacture or supply of a product, or

(b) in the provision of a service,

the advertising of which in any such broadcasting service is prohibited by virtue of any provision of that Act (as applied by this paragraph) or of the code under section 9 of that Act (as so applied).

(7) Section 9 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if—

(a) in subsection (1)(a), after “standards and practice in advertising” there were inserted “ and in the sponsoring of programmes ”;

(b) in subsection (1)(b), there were inserted at the end “ and as regards the sponsoring of programmes so broadcast ”; and

(c) after “methods of advertising” (wherever occurring) there were inserted “ or sponsorship ”;

and the Authority may give effect to paragraph (a) above by making modifications to the code in force under section 9 immediately before the transfer date.

(8) Section 29(5) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if the reference to requiring the IBA by notice in writing to do, or not to do, anything mentioned in that provision were a reference to requiring the Authority by notice in writing to direct any programme contractor specified in the notice—

(a) to do, or not to do, that thing, or

(b) (if the context so requires) to secure that that thing is or is not done.

(9) Without prejudice to the generality of sub-paragraph (6) of paragraph 2 below, the Authority may make such variations of a contract to which sub-paragraph (1) of that paragraph applies as appear to them to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on them under section 28 or 29 of the 1981 Act (as applied by this paragraph).

Preservation of certain local sound broadcasting contracts U.K.

2 (1) Where— U.K.

(a) the IBA has, at any time before the transfer date, entered into a contract with a programme contractor for the provision by the contractor of local sound broadcasts in any locality, and

(b) the contract is effective immediately before that date,

then, unless the contract is one to which paragraph 2 in Part V of this Schedule applies (and subject to paragraph 1 in that Part)—

(i) the contract shall continue to have effect on and after that date (subject to and in accordance with this Part of this Schedule) as a contract between the Authority and that contractor and any other party to it, and

(ii) any reference in the contract to the IBA shall accordingly be construed, in relation to any time falling on or after that date, as a reference to the Authority.

(2) Section 2(3) of the 1981 Act shall have effect in relation to the programmes broadcast by the Authority in accordance with paragraph 1(1) above as if—

(a) any reference in that subsection to the IBA were a reference to the Authority; and

(b) the reference in that subsection to any such contracts as are there mentioned were a reference to contracts which continue in force by virtue of sub-paragraph (1) above.

(3) As from the transfer date the following provisions of the 1981 Act, namely—

(a) sections 19(1) to (2B) and 20(2) to (9),

(b) sections 21 to 25,

(c) sections 32 to 35, and

(d) Schedule 4,

shall have effect in relation to any contract which continues in force by virtue of sub-paragraph (1), or (as the case may be) in relation to the programme contractor under any such contract, subject to the modifications specified in sub-paragraph (4).

(4) The modifications of the provisions specified in sub-paragraph (3) are as follows—

(a) any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed as a reference to the Authority;

(b) sections 21 and 23 shall have effect as if any reference to the IBA’s obligation to transmit the programmes supplied by a programme contractor were a reference to the right and the duty of the programme contractor under his contract to provide programmes for broadcasting in one of the services provided by the Authority as mentioned in paragraph 1(1) above;

(c) section 22 shall have effect as if any reference to the programmes supplied to the IBA were a reference to the programmes supplied for broadcasting in one of those services; and

(d) section 32(2)(a) shall have effect as if—

(i) for “the branch” there were substituted “ the part ”, and

(ii) for “section 36(2) in relation to that branch” there were substituted “ paragraph 12(1) of Schedule 8 to the Broadcasting Act 1990 in relation to that part ”.

(5) The Authority shall do all that they can to secure that, so long as any contract continues in force by virtue of sub-paragraph (1), neither the programme contractor under the contract nor any associate of his—

(a) holds any local licence, or

(b) controls any body which holds any such licence, or

(c) is a participant with more than a 20 per cent. interest in a body corporate which holds any such licence,

in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the locality for which local sound broadcasts are to be provided under the programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act.

(6) The Authority may make such variations of a contract which continues in force by virtue of sub-paragraph (1) as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.

Delivery of programmes by means of local delivery services U.K.

3 U.K. Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any local sound broadcasting service provided by the Authority in accordance with this Part of this Schedule.

Provisions relating to Broadcasting Complaints Commission U.K.

4 (1) Part V of this Act shall have effect as if— U.K.

(a) section 143(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

(b) (subject to sub-paragraph (2)) the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

(2) Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Authority shall make such variations of any contract which continues in force by virtue of paragraph 2(1) above as appear to them to be appropriate—

(a) for requiring the programme contractor under that contract—

(i) in the case of every programme provided by him which is broadcast by the Authority in accordance with this Part of this Schedule, to retain a recording of that programme for the period of 42 days beginning with the broadcast,

(ii) if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4), 155(3) or 167(1) of this Act, to produce any such recording to them, and

(iii) if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4) or 155(3) of this Act, to produce to them any transcript of any such programme which he is able to produce to them; and

(b) for ensuring compliance by the programme contractor with any request to which section 145(7) of this Act applies which may be made to him by the BCC.

(3) For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the period during which the Authority provide local sound broadcasting services in accordance with this Part of this Schedule, the Secretary of State shall notify to the Authority the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts which continue in force by virtue of paragraph 2(1) above, towards the expenses of the BCC; and the Authority shall pay to the Secretary of State any sum notified to them under this sub-paragraph.

(4) Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the period referred to in sub-paragraph (3) above as if the reference to the BBC or the Welsh Authority included a reference to the Authority.

(5) In this paragraph “the BCC” means the Broadcasting Complaints Commission.

Provisions relating to Broadcasting Standards Council U.K.

5 U.K. Part VI of this Act shall have effect as if—

(a) section 152(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

(b) the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

Supplementary provisions U.K.

6 (1) Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA— U.K.

(a) in pursuance of a provision of the 1981 Act which has effect as from the transfer date in accordance with this Part of this Schedule, and

(b) in connection with any of the IBA’s local sound broadcasting services which are to be provided by the Authority as from that date in accordance with paragraph 1(1) above,

shall, if in force or effective immediately before that date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Authority.

(2) Anything which immediately before that date was in the process of being done by or in relation to the IBA may, if it was being so done as mentioned in paragraphs (a) and (b) of sub-paragraph (1), be continued on or after that date by or in relation to the Authority.

(3) As from that date sections 61 and 62 of the 1981 Act shall have effect for the relevant purposes as if any reference to the IBA were a reference to the Authority.

(4) In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect as from the transfer date in accordance with this Part of this Schedule.

Part V U.K. Replacement of Programme Contracts by Local Licences

Replacement of contracts to which paragraph 2(1) in Part IV applies by local licences U.K.

1 (1) The Authority may, if the programme contractor under a relevant contract so requests— U.K.

(a) determine the contract as from any time falling on or after the transfer date; and

(b) subject to paragraph 3(2) below, grant to the programme contractor as from that time a licence to provide a local service for the locality in which local sound broadcasts were to be provided by him under the contract.

(2) In sub-paragraph (1) “relevant contract” means a contract which (apart from that sub-paragraph) would continue in force by virtue of paragraph 2(1) in Part IV of this Schedule.

(3) A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force for such period as the Authority may determine, except that the licence shall not expire—

(a) before the date on which the contract referred to in that sub-paragraph would have expired if it had not been determined under that sub-paragraph, or

(b) later than 31st December 1996 or the date which falls three years after the date referred to in paragraph (a), whichever is the earlier.

Replacement by local licences of certain contracts for the provision of local sound broadcasts in localities in which such broadcasts were already provided U.K.

2 (1) Any contract which— U.K.

(a) the IBA has, at any time on or after 1st September 1989, entered into with a programme contractor for the provision by the contractor of local sound broadcasts in a locality comprised in the locality in which such broadcasts were for the time being to be provided by another programme contractor under a contract entered into before that time, and

(b) is effective immediately before the transfer date,

shall cease to have effect on that date; but, if the first-mentioned programme contractor so requests at any time before that date, the Authority may, subject to paragraph 3(2) below, grant to him as from that date a licence to provide a local service for that locality.

(2) A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force until 31st December 1994.

Common provisions applying to licences granted in pursuance of paragraph 1(1) or 2(1) above U.K.

3 (1) A request for the grant of a licence which is made to the Authority by any person in pursuance of paragraph 1(1) or 2(1) above must be in writing and accompanied by— U.K.

(a) his proposals for providing a service that would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons; and

(b) such information as the Authority may reasonably require as to his present financial position and his projected financial position during the period for which the licence would be in force.

(2) The Authority shall not grant a licence to any person in pursuance of paragraph 1(1) or 2(1) above unless they are satisfied that the service proposed to be provided by that person would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons.

(3) Section 104 of this Act shall not apply in relation to the grant of any such licence.

(4) Section 106(1) of this Act shall apply to any such licence as if for “when making his application” there were substituted “ in pursuance of paragraph 3(1) in Part V of Schedule 11 ”.

(5) In section 86(4) of this Act the reference to Part III of this Act shall include a reference to this Part of this Schedule.

(6) Except as provided in the preceding provisions of this paragraph, Part III of this Act applies to a licence granted in pursuance of paragraph 1(1) or 2(1) above as it applies to any other local licence granted under that Part.

Saving for liabilities under terminated contracts U.K.

4 (1) Where the contract of a programme contractor is terminated by the Authority under this Part of this Schedule, the termination of that contract shall not affect any liability of his which has accrued under or by virtue of the contract before its termination. U.K.

(2) Where any such contract is so terminated but the programme contractor is granted a local licence as from the date of its termination, any agreement—

(a) made before that date between the contractor and any other person, and

(b) framed (whether expressly or by implication) by reference to the contract or to the contractor’s status as a programme contractor,

shall (unless it expressly provides otherwise) have effect as from that date with such modifications as are necessary to take account of the replacement of the contract by the licence or of the contractor’s new status as the holder of the licence (as the case may require).

(3) References in sub-paragraph (2) to an agreement include references—

(a) to an oral agreement, and

(b) to a deed, bond or other instrument.

Section 134.

F638 SCHEDULE 12 U.K. Transitional Provisions Relating to Existing Cable Services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F638 Sch. 12 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F639 SCHEDULE 13 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F639 Sch. 13 repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

F641 SCHEDULE 14 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F641 Sch. 14 repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Section 162.

SCHEDULE 15 E+W Application of 1959 Act to Television and Sound Programmes

Interpretation E+W

1 E+W In this Schedule—

• “the 1959 Act” means the M33 Obscene Publications Act 1959;

• “relevant programme” means a programme included in a programme service;

and other expressions used in this Schedule which are also used in the 1959 Act have the same meaning as in that Act.

Marginal Citations

M33 1959 c. 66.

Liability of person providing live programme material E+W

2 E+W Where—

(a) any matter is included by any person in a relevant programme in circumstances falling within section 1(5) of the 1959 Act, and

(b) that matter has been provided, for inclusion in that programme, by some other person,

the 1959 Act shall have effect as if that matter had been included in that programme by that other person (as well as by the person referred to in sub-paragraph (a)).

Obscene articles kept for inclusion in programmes E+W

3 E+W It is hereby declared that where a person has an obscene article in his ownership, possession or control with a view to the matter recorded on it being included in a relevant programme, the article shall be taken for the purposes of the 1959 Act to be an obscene article had or kept by that person for publication for gain.

Requirement for consent of Director of Public Prosecutions E+W

4 (1) Proceedings for an offence under section 2 of the 1959 Act for publishing an obscene article shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where— E+W

(a) the relevant publication, or

(b) the only other publication which followed from the relevant publication,

took place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication in respect of which the defendant would be charged if the proceedings were brought.

(2) Proceedings for an offence under section 2 of the 1959 Act for having an obscene article for publication for gain shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where—

(a) the relevant publication, or

(b) the only other publication which could reasonably have been expected to follow from the relevant publication,

was to take place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication which, if the proceedings were brought, the defendant would be alleged to have had in contemplation.

(3) Without prejudice to the duty of a court to make an order for the forfeiture of an article under section 1(4) of the M34 Obscene Publications Act 1964 (orders on conviction), in a case where by virtue of sub-paragraph (2) above proceedings under section 2 of the 1959 Act for having an article for publication for gain could not be instituted except by or with the consent of the Director of Public Prosecutions, no order for the forfeiture of the article shall be made under section 3 of the 1959 Act (power of search and seizure) unless the warrant under which the article was seized was issued on an information laid by or on behalf of the Director of Public Prosecutions.

Marginal Citations

M34 1964 c. 74.

Defences E+W

5 (1) A person shall not be convicted of an offence under section 2 of the 1959 Act in respect of the inclusion of any matter in a relevant programme if he proves that he did not know and had no reason to suspect that the programme would include matter rendering him liable to be convicted of such an offence. E+W

(2) Where the publication in issue in any proceedings under that Act consists of the inclusion of any matter in a relevant programme, section 4(1) of that Act (general defence of public good) shall not apply; but—

(a) a person shall not be convicted of an offence under section 2 of that Act, and

(b) an order for forfeiture shall not be made under section 3 of that Act,

if it is proved that the inclusion of the matter in question in a relevant programme is justified as being for the public good on the ground that it is in the interests of—

(i) drama, opera, ballet or any other art,

(ii) science, literature or learning, or

(iii) any other objects of general concern.

(3) Section 4(2) of that Act (admissibility of opinions of experts) shall apply for the purposes of sub-paragraph (2) above as it applies for the purposes of section 4(1) and (1A) of that Act.

Exclusion of proceedings under common law E+W

6 E+W Without prejudice to section 2(4) of the 1959 Act, a person shall not be proceeded against for an offence at common law—

(a) in respect of a relevant programme or anything said or done in the course of such a programme, where it is of the essence of the common law offence that the programme or (as the case may be) what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or

(b) in respect of an agreement to cause a programme to be included in a programme service or to cause anything to be said or done in the course of a programme which is to be so included, where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.

Section 171.

F642 SCHEDULE 16 U.K. Amendments of the Marine, &c., Broadcasting (Offences) Act 1967

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F642 Sch. 16 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Section 176.

SCHEDULE 17 U.K. Information About Programmes: Copyright

Part I U.K. Copyright Licensing

1 (1) This paragraph applies where the person providing a programme service has assigned to another the copyright in works containing information to which this Schedule applies. U.K.

(2) The person providing the programme service, not the assignee, is to be treated as the owner of the copyright for the purposes of licensing any act restricted by the copyright done on or after the day on which this paragraph comes into force.

(3) Where the assignment by the person providing the programme service occurred before 29th September 1989 then, in relation to any act restricted by the copyright so assigned—

(a) sub-paragraph (2) does not have effect, and

(b) references below in this Schedule to the person providing the programme service are to the assignee.

Part II U.K. Use of Information as of Right

Circumstances in which right available U.K.

2 (1) Paragraph 4 applies to any act restricted by the copyright in works containing information to which this Schedule applies done by the publisher if— U.K.

(a) a licence to do the act could be granted by the person providing the programme service but no such licence is held by the publisher,

(b) the person providing the programme service refuses to grant to the publisher a licence to do the act, being a licence of such duration, and of which the terms as to payment for doing the act are such, as would be acceptable to the publisher, and

(c) the publisher has complied with paragraph 3.

(2) The reference in sub-paragraph (1) to refusing to grant a licence includes failing to do so within a reasonable time of being asked.

(3) References below in this Schedule to the terms of payment are to the terms as to payment for doing any act restricted by the copyright in works containing information to which this Schedule applies.

Notice of intention to exercise right U.K.

3 (1) A publisher intending to avail himself of the right conferred by paragraph 4 must— U.K.

(a) give notice of his intention to the person providing the programme service, asking that person to propose terms of payment, and

(b) after receiving the proposal or the expiry of a reasonable time, give reasonable notice to the person providing the programme service of the date on which he proposes to begin exercising the right and the terms of payment in accordance with which he intends to do so.

(2) Before exercising the right the publisher must—

(a) give reasonable notice to the Copyright Tribunal of his intention to exercise the right and of the date on which he proposes to begin to do so, and

(b) apply to the Tribunal under paragraph 5 to settle the terms of payment.

Conditions for exercise of right U.K.

4 (1) Where the publisher, on or after the date specified in a notice under paragraph 3(1)(b), does any act in circumstances in which this paragraph applies, he shall, if he makes the payments required by this paragraph, be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence to do so granted by the person providing the programme service. U.K.

(2) Payments are to be made at not less than quarterly intervals in arrears.

(3) The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under paragraph 5 or, if no such order has been made—

(a) in accordance with any proposal for terms of payment made by the person providing the programme service pursuant to a request under paragraph 3(1)(a), or

(b) where no proposal has been so made or the amount determined in accordance with the proposal so made appears to the publisher to be unreasonably high, in accordance with the terms of payment notified under paragraph 3(1)(b).

Applications to settle payments U.K.

5 (1) On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances. U.K.

(2) An order under sub-paragraph (1) has effect from the date the applicant begins to exercise the right conferred by paragraph 4 and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.

Application for review of order U.K.

6 (1) A person exercising the right conferred by paragraph 4, or the person providing the programme service, may apply to the Tribunal to review any order under paragraph 5. U.K.

(2) An application under sub-paragraph (1) shall not be made, except with the special leave of the Tribunal—

(a) within twelve months from the date of the order, or of the decision on a previous application under this paragraph, or

(b) if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.

(3) On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.

(4) An order under this paragraph has effect from the date on which it is made or such later date as may be specified by the Tribunal.

Part III U.K. Supplementary

7 (1) This Schedule and the M35 Copyright, Designs and Patents Act 1988 shall have effect as if the Schedule were included in Chapter III of Part I of that Act, and that Act shall have effect as if proceedings under this Schedule were listed in section 149 of that Act (jurisdiction of the Copyright Tribunal). U.K.

(2) References in this Schedule to anything done by the publisher include anything done on his behalf.

(3) References in this Schedule to works include future works, and references to the copyright in works include future copyright.

Marginal Citations

M35 1988 c. 48.

Section 180.

SCHEDULE 18 U.K. Transfer of Functions Connected with Television Licences

Part I U.K. M36 Amendments of Wireless Telegraphy Act 1949

Marginal Citations

M36 1949 c. 54.

1F643 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F643 Sch. 18 Pt. I para. 1 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126, Sch. 9 Pt. I (with Sch. 8 Pt. I)

2 F644 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F645 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F646 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F644 Sch. 18 Pt. I para. 2(1) repealed (1.4.2004) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11)

F645 Sch. 18 Pt. I para. 2(2) repealed (18.6.1998) by 1998 c. 6, ss. 7, 10(2), Sch. 2

F646 Sch. 18 Pt. I para. 2(3) repealed (1.4.2004) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11)

3F647 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F647 Sch. 18 Pt. I para. 3 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126, Sch. 9 Pt. I (with Sch. 8 Pt. I)

F648 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F648 Sch. 18 Pt. I para. 4 repealed (1.4.2004) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11)

F649 Part II U.K. Amendments of Part I of Wireless Telegraphy Act 1967

Textual Amendments

F649 Sch. 18 Pt. 2 repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 2

F649 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 183.

SCHEDULE 19 U.K. The Gaelic Television [F650 Service] : Supplementary Provisions

Textual Amendments

F650 Word in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C108 Sch. 19: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 7 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Status and capacity U.K.

1 (1) The [F650 Service] shall be a body corporate. U.K.

(2) The [F650 Service] shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown.

(3) It shall be within the capacity of the [F650 Service] as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 183 of this Act.

Tenure of office and remuneration U.K.

2 (1) Subject to [F651 sub-paragraphs (1A) and (2)], each member of the [F650 Service] shall hold and vacate office in accordance with the terms of his appointment. U.K.

[F652 (1A) A person is not to be appointed as a member of the Service for a term of more than four years (but a person so appointed shall be eligible for re-appointment at the end of his term of office).]

(2) Any member of the [F650 Service] may at any time resign his office by notice to [F653 OFCOM].

(3) [F653 OFCOM] may pay to each member such remuneration and allowances as they may determine.

Textual Amendments

F651 Words in Sch. 19 para. 2(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 210(2)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F652 Sch. 19 para. 2(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 210(2)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification of members of [F650 Service] for House of Commons U.K.

F654 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F654 Sch. 19 para. 3 repealed (1.4.1997) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Proceedings U.K.

4 (1) Subject to paragraph 5, the quorum of the [F650 Service] and the arrangements relating to their meetings shall be such as the [F650 Service] may determine. U.K.

(2) The arrangements may, with the approval of [F653 OFCOM] , provide for the discharge, under the general direction of the [F650 Service] , of any of the [F650 Service] ’s functions by a committee or by one or more of the members or employees of the [F650 Service] .

Textual Amendments

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

5 (1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the [F650 Service] shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— U.K.

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) (subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the [F650 Service] , or of any of their committees, with respect to that matter.

(2) Sub-paragraph (1)(b) shall not apply in relation to any meeting of the [F650 Service] at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

(3) For the purposes of sub-paragraph (1), a general notification given at a meeting of the [F650 Service] by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(4) A member need not attend in person at a meeting of the [F650 Service] in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

(5) In this paragraph references to a meeting of the [F650 Service] include references to a meeting of any of their committees.

6 U.K. The validity of any proceedings of the [F650 Service] shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 5.

Employees of the [F650 Service] U.K.

7 (1) The [F650 Service] may appoint such employees as they may determine with the consent of [F653 OFCOM] as to numbers and terms of employment. U.K.

(2) If the [F650 Service] determine to do so in the case of any of their employees, the [F650 Service] shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the [F650 Service] may determine.

(3) The M37 Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the [F650 Service].

[F655 (4) A person who is an employee of the Service is not to be eligible to be appointed as a member of the Service.]

Textual Amendments

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F655 Sch. 19 para. 7(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 210(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Marginal Citations

M37 1969 c. 57.

Financial provision U.K.

8 U.K. There shall be defrayed out of the [F656 Gaelic Broadcasting Fund]—

(a) any expenses incurred by [F653 OFCOM] —

(i) by virtue of paragraph 2,

(ii) in paying the salaries of any employees of [F653 OFCOM] whose services have been furnished to the [F650 Service] by [F653 OFCOM], or

(iii) in connection with providing the [F650 Service] with office accommodation or other facilities;

(b) any expenses incurred by the [F650 Service] by virtue of paragraph 7; and

(c) with the approval of [F653 OFCOM] F657 ..., any other expenses incurred by the [F650 Service].

Textual Amendments

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F656 Words in Sch. 19 para. 8 substituted (1.4.1997) by 1996 c. 55, s. 148(1), Sch. 10 Pt. II para. 26(a)(i); S.I. 1997/1005, art. 4

F657 Words in Sch. 19 para. 8(c) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F658 8A (1) The Service must pay all their receipts to OFCOM. U.K.

(2) OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).]

Textual Amendments

F658 Sch. 19 para. 8A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 210(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Authentication of [F650 Service] ’s seal U.K.

9 U.K. The application of the seal of the [F650 Service] shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by the [F650 Service] U.K.

10 U.K. Any document purporting to be an instrument issued by the [F650 Service] and to be duly executed under the seal of the [F650 Service] or to be signed on behalf of the [F650 Service] shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit U.K.

11 (1) The [F650 Service] shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as [F653 OFCOM] may direct. U.K.

(2) The accounts of the [F650 Service] shall be audited by auditors to be appointed by the [F650 Service] with the approval of [F653 OFCOM] .

F659 (3) A person shall not be qualified to be appointed in pursuance of sub-paragraph (2) unless he is eligible for appointment as a [F660 statutory auditor under Part 42 of the Companies Act 2006].

(4) The [F650 Service] shall at all reasonable times upon demand made by [F653 OFCOM] F661 ... or by any persons authorised by [F662 [F653 OFCOM] F661 ... ] in that behalf—

(a) afford to them full liberty to examine the accounts of the [F650 Service]; and

(b) furnish them with all forecasts, estimates, information and documents which they may require with respect to the financial transactions and commitments of the [F650 Service].

Textual Amendments

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F659 Sch. 19 para. 11(3) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 77(7)

F660 Words in Sch. 19 para. 11(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(pp)(iii) (with arts. 6, 11, 12)

F661 Words in Sch. 19 para. 11(4) repealed (29.12.2003) Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(5), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F662 Words in Sch. 19 para. 11(4) substituted (1.4.1997) by 1996 c. 55, s. 148(1), Sch. 10 Pt. II para. 26(b)(ii); S.I. 1997/1005, art. 4

Annual reports U.K.

12 (1) As soon as possible after the end of each financial year, the [F650 Service] shall prepare a general report of their proceedings during that year and transmit it to [F653 OFCOM]. U.K.

[F663 (1A) The report must include a statement of how the Service are proposing to carry out their functions during the next financial year.]

(2) The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.

(3) [F653 OFCOM] shall send a copy of each annual report received by them in accordance with this paragraph to

[F664 (a) the Secretary of State, who must lay a copy of it before each House of Parliament, and

(b) the Scottish Ministers, who must lay a copy of it before the Scottish Parliament.]

F665 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F653 Words in Sch. 19 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 73(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F663 Sch. 19 para. 12(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 210(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F664 Words in Sch. 19 para. 12(3) substituted (31.10.2012) by Scotland Act 2012 (c. 11), ss. 17(8), 44(5); S.I. 2012/2516, art. 2(c)

F665 Sch. 19 para. 12(4) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(9), 44(5); S.I. 2012/2516, art. 2(c)

Modifications etc. (not altering text)

C109 Sch. 19 para. 12(3): functions exercisable (1.7.1999) concurrently by the Scottish Ministers and Ministers of the Crown by S.I. 1999/1750, arts. 1, 3, Sch. 2; S.I. 1998/3178

Sch. 19 para. 12(3) certain functions made exercisable by Scottish Ministers (1.7.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 12(1); S.I. 1998/3178

Section 203(1).

SCHEDULE 20 U.K. Minor and Consequential Amendments

Parliamentary Papers Act 1840 (c. 9) U.K.

1 U.K. Section 3 (protection in respect of proceedings for printing extracts from or abstracts of parliamentary papers) shall have effect as if the reference to printing included a reference to including in a programme service.

Law of Libel Amendment Act 1888 (c. 64) U.K.

F666 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F666 Sch. 20 para. 2 repealed (4.9.1996 for specified purposes, 1.4.1999 for specified purposes, 28.2.2000 for E.W. insofar as not already in force, 31.3.2001 for S., 6.1.2010 for N.I. in so far as not already in force) by Defamation Act 1996 (c. 31), ss. 16, 19(2), Sch. 2; S.I. 1999/817, art. 2(b); S.I. 2000/222, art. 3(b); S.S.I. 2001/98, art. 3; S.I. 2009/2858, art. 3(d)

Children and Young Persons Act 1933 (c. 12) U.K.

3 [F667 (1) In section 28 (powers of entry)— U.K.

(a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “ programme service ”; and

(b) for subsection (4) substitute—

“(4) In this section—

• “broadcasting studio” means a studio used in connection with the provision of a programme service;

• “programme service” has the same meaning as in the Broadcasting Act 1990.”

(2) Sections 39 F668 . . . (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as they apply in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.]

Textual Amendments

F667 Sch. 20 para. 3 repealed (4.9.1996 for specified purposes, 31.3.2001 for S., 6.1.2010 for N.I. in so far as not already in force) by Defamation Act 1996 (c. 31), ss. 16, 19(2), Sch. 2; S.S.I. 2001/98, art. 3; S.I. 2009/2858, art. 3(d)

F668 Words in Sch. 20 para. 3(2) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/127, art. 2(1), Sch. 1 Appendix C

Children and Young Persons (Scotland) Act 1937 (c. 37) U.K.

4 (1) In section 36 (power to enter studios)— U.K.

(a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “ programme service ”; and

(b) for subsection (4) substitute—

“(4) In this section—

• “broadcasting studio” means a studio used in connection with the provision of a programme service;

• “programme service” has the same meaning as in the Broadcasting Act 1990”.

(2) Section 46 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as it applies in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.

Public Bodies (Admission to Meetings) Act 1960 (c. 67) U.K.

5 U.K. In section 1(7) (admission of public to meetings of local authorities and other bodies), for the words from “or for” to “licensed” substitute “ or for programme services (within the meaning of the Broadcasting Act 1990) other than sound or television broadcasting services ”.

Children and Young Persons Act 1963 (c. 37) U.K.

6 U.K. In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—

“(d) any performance not falling within paragraph (c) above but included in a programme service (within the meaning of the Broadcasting Act 1990);”.

Licensing Act 1964 (c. 26) U.K.

F669 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F669 Sch. 20 para. 7 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

Private Places of Entertainment (Licensing) Act 1967 (c. 19) U.K.

F670 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F670 Sch. 20 para. 8 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

Wireless Telegraphy Act 1967 (c. 72) U.K.

F671 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F671 Sch. 20 para. 9 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

London Cab Act 1968 (c. 7) U.K.

F672 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F672 Sch. 20 para. 10 repealed (1.6.2003) by Private Hire Vehicles (London) Act 1998 (c. 34), s. 40(2), Sch. 2 (with s. 29); S.I. 2003/580, arts. 1(2), 2(2)(b)

Trade Descriptions Act 1968 (c. 29) U.K.

11 U.K. In section 39(2) (interpretation), for “or in a programme included in a cable programme service” substitute “ or in any programme included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Social Work (Scotland) Act 1968 (c. 49) U.K.

12 U.K. In section 58(1) (prohibition of publication of proceedings in a children’s hearing), for the words “broadcast or a programme included in cable programme service”—

(a) in the first place where they occur, substitute “ programme included in a programme service (within the meaning of the Broadcasting Act 1990) ”; and

(b) in the second place where they occur, substitute “ programme included in such a programme service ”.

Theatres Act 1968 (c. 54) U.K.

13 U.K. In section 7(2)(b) (exceptions for performance given in certain circumstances), for sub-paragraph (iii) substitute—

“(iii) the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.

Gaming Act 1968 (c. 65) U.K.

F673 14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F673 Sch. 20 para. 14 repealed (6.5.1992) by Bingo Act 1992 (c. 10), ss. 1(9), 2(2)

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) U.K.

15 F674 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F674 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F675 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F675 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F674 Sch. 20 para. 15(1)(2) repealed (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 para. 23(4)); S.R. 1996/297, art. 2(2)

F675 Sch. 20 para. 15(3)(4) repealed (31.1.1999) by S.I. 1998/1504 (N.I. 9), art. 65(2), Sch. 6; S.R. 1999/25, art. 2

Local Government Act 1972 (c. 70) U.K.

16 U.K. In section 100K (interpretation and application of Part VA of the Act), in paragraph (b) of the definition of “newspaper”, for sub-paragraph (ii) substitute—

“(ii) for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) U.K.

17 U.K. In section 148(1) (interpretation), in the definition of “newspaper”, for the words from “or for” onwards substitute “ or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Employment Agencies Act 1973 (c. 35) U.K.

18 U.K. In section 13(4) (interpretation), for paragraphs (c) and (d) substitute “or

(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).”

Northern Ireland Constitution Act 1973 (c. 36) U.K.

F676 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F676 Sch. 20 para. 19 repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.

Fair Trading Act 1973 (c. 41) U.K.

F677 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F677 Sch. 20 para. 20 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Criminal Procedure (Scotland) Act 1975 (c. 21) U.K.

21 U.K. In subsection (2) of sections 169 and 374 (restrictions on report of proceedings involving person under 16), for the words from “broadcasts” to “service” substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990) ”.

Industry Act 1975 (c. 68) U.K.

22 F678 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F678 Sch. 20 para. 22 repealed (06.01.1992) by British Technology Group Act 1991 (c. 66, SIF 64), s. 17(2), Sch. 2, Pt.I; S.I. 1991/2721, art.2.

Scottish Development Agency Act 1975 (c. 69) U.K.

23 U.K. In section 17 (the Scottish Development Agency and the media), for “Cable and Broadcasting Act 1984” substitute “ Broadcasting Act 1990 ”.

Welsh Development Agency Act 1975 (c. 70) U.K.

24 U.K. In section 19 (the Welsh Development Agency and the media)—

(a) in subsection (1), for paragraphs (b) and (c) substitute—

“(b) shall become the holder of a relevant licence.”;

(b) in subsection (3), for paragraphs (ii) and (iii) substitute—

“(ii) activities connected with the provision of a service under a relevant licence.”;

(c) in subsection (9)—

(i) for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “ the holder of a relevant licence, they shall consult the appropriate authority ”; and

F679 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) omit subsection (9A);

(e) in subsection (10), for “programme contractor” substitute “ holder of a relevant licence ”; and

(f) for subsection (11) substitute—

“(11) In this section—

• “appropriate authority” means—

(a) in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and

(b) in relation to a licence granted under Part III of that Act, the Radio Authority;

“relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.”

Textual Amendments

F679 Sch. 20 para. 24(c)(ii) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictive Trade Practices Act 1976 (c. 34) U.K.

25 U.K. In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” insert “ or the Broadcasting Act 1990 ”.

Sexual Offences (Amendment) Act 1976 (c. 82) U.K.

26 (1) In section 4 (anonymity of complainants in rape etc. cases)— U.K.

(a) in subsection (1), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “included in a relevant programme for reception” and for “broadcasting or inclusion in a cable programme” substitute “inclusion in a relevant programme”;

(b) in subsection (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for paragraphs (c) and (d) substitute “and

(c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;

(c) in subsection (5A), for “or broadcast of any matter or the inclusion of any matter in a cable programme,” substitute “of any matter or the inclusion of any matter in a relevant programme,” and for “, broadcast or cable programme” substitute “or programme”;

(d) in subsection (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);”; and

(e) in subsection (7), for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

(2) In section 5(5) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

(3) In section 7(6) (extent to Northern Ireland), for “broadcast or inclusion in a cable programme” substitute “in, or such an inclusion of matter in a relevant programme for reception in,”.

Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I.5)) U.K.

27 (1) In Article 6 (anonymity of complainants in rape offence cases)— U.K.

F680 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for sub-paragraphs (c) and (d) substitute “and

(c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;

(c) in paragraph (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);”; and

(d) in paragraph (7), for “broadcasting or inclusion in a cable programme” substitute “or inclusion in a relevant programme” and for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

(2) In Article 7(3) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

F680 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F680 Sch. 20 para. 27(1)(a)(3) repealed (9.1.1995) by S.I. 1994/2795 (NI 15), art. 26(3), Sch. 3; S.R. 1994/446, art. 2

Competition Act 1980 (c. 21) U.K.

F681 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F681 Sch. 20 para. 28 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Magistrates’ Courts Act 1980 (c. 43) U.K.

29 (1) [F682 In section 8 (restrictions on reports of committal proceedings)— U.K.

(a) in subsection (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;

(b) in subsections (2B), (4), (5) and (8), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “ or included in a relevant programme ”;

(c) in subsection (3), for “broadcast or include in a cable programme”, in each place where those words occur, substitute “ or include in a relevant programme ”;

(d) in subsection (5), for paragraphs (c) and (d) substitute—

“(c) in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;

(e) in subsection (10), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).”]

F683 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F682 Sch. 20 para. 29(1) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d) (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

F683 Sch. 20 para. 29(2) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Indecent Displays (Control) Act 1981 (c. 42) U.K.

30 U.K. In section 1(4) (provisions relating to indecent displays disapplied in relation to broadcasting etc.), for paragraph (a) substitute—

“(a) included by any person in a television broadcasting service or other television programme service (within the meaning of Part I of the Broadcasting Act 1990);”.

Contempt of Court Act 1981 (c. 49) U.K.

31 (1) In section 2 (limitation of scope of strict liability)— U.K.

(a) in subsection (1), for “broadcast cable programme” substitute “ programme included in a programme service ”; and

(b) after subsection (4) insert—

“(5) In this section “programme service” has the same meaning as in the Broadcasting Act 1990.”

(2) In section 19 (interpretation), omit the definition of “cable programme”.

Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839 (N.I.20)) U.K.

32 U.K. In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substitute “or

(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).”

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)) U.K.

33 (1) In Article 44 (reports of preliminary proceedings)— U.K.

(a) in paragraphs (1) and (2), for “or published”, in each place where those words occur, substitute “ , published or included in a relevant programme ”; and

(b) after paragraph (5) insert—

“(6) In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.”

(2) In Article 90 (reports of domestic proceedings), for paragraph (1) substitute—

“(1) A person to whom this paragraph applies shall not—

(a) print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or

(b) include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland,

any particulars of any domestic proceedings other than such particulars as are mentioned in paragraph (1A) below.

(1A) The particulars referred to in paragraph (1) above are—

(a) the names, addresses and occupations of the parties and witnesses;

(b) the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;

(c) submissions on any point of law arising in the course of the proceedings, and decisions of the court on the submissions; and

(d) the decisions of the court, and any observations made by the court in giving its decision.

(1B) Paragraph (1) above applies—

(a) in relation to sub-paragraph (a) of that paragraph, to the proprietor, editor or publisher of the newspaper or periodical, and

(b) in relation to sub-paragraph (b) of that paragraph, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.”

Insurance Companies Act 1982 (c. 50) U.K.

34 U.K. In section 72(6) (meaning of “advertisement” for the purposes of insurance advertisements), for “or by inclusion in a cable programme service” substitute “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Representation of the People Act 1983 (c. 2) U.K.

35 (1) Part II shall be amended as follows. U.K.

(2) In section 75(1)(i) (election expenses in relation to publications or broadcasts), for the words from “the Independent” onwards substitute “ or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990; ”.

(3) In section 92 (broadcasting from outside United Kingdom), for subsection (1) substitute—

“(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

(c) the holder of any licence granted by the Independent Television Commission or the Radio Authority,

for the reception and re-transmission of that matter by that body or the holder of that licence.”

(4) In section 93 (broadcasting during elections)—

(a) in subsection (1)(a), for “broadcast from a television or other wireless transmitting station in the United Kingdom” substitute—

“(a) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru; or

(b) included in any service licensed under Part I or III of the Broadcasting Act 1990”;

and

(b) omit subsection (3).

F684 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F684 Sch. 20 para. 35(5) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

National Audit Act 1983 (c. 44) U.K.

36 U.K. In Part II of Schedule 4 (nationalised industries and other public authorities liable to examination by Comptroller and Auditor General), for the entries relating to the Independent Broadcasting Authority and the Welsh Fourth Channel Authority substitute—

“Sianel Pedwar Cymru.”

Value Added Tax Act 1983 (c. 55) U.K.

F685 37 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F685 Sch. 20 para. 37 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15

Telecommunications Act 1984 (c. 12) U.K.

F686 38 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F686 Sch. 20 para. 38 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Video Recordings Act 1984 (c. 39) U.K.

39 U.K. In section 3(8) (exempted supplies), for paragraphs (a) and (b) substitute “ a programme service (within the meaning of the Broadcasting Act 1990) ”.

Cinemas Act 1985 (c. 13) U.K.

40 U.K. In section 21(1) (interpretation), in the definition of “film exhibition”, for paragraphs (a) and (b) substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990); ”.

Bankruptcy (Scotland) Act 1985 (c. 66) U.K.

F687 41 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F687 Sch. 20 para. 41 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I.11)) U.K.

42 U.K. In Article 130(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), after “television,” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, ”.

Insolvency Act 1986 (c. 45) U.K.

43 U.K. In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), for the words “services consisting” onwards, in each place where they occur, substitute “ local delivery services within the meaning of Part II of the Broadcasting Act 1990. ”

Building Societies Act 1986 (c. 53) U.K.

44 U.K. In section 50(10) (powers to control advertising), in the definition of “advertisement”, for the words from “whether” to “and references” substitute “whether—

(a) documentary,

(b) by way of sound broadcasting or television or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, or

(c) by any pictorial means not falling within paragraph (a) or (b) above;

and references ”.

Financial Services Act 1986 (c. 60) U.K.

45 U.K. (1) In section 207 (interpretation)—

(a) in subsection (2), after “television” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”; and

(b) omit subsection (4).

(2) In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes excluded from activities constituting investment business)—

(a) in sub-paragraph (1), for the words from “or teletext” onwards substitute “ included, or made for inclusion, in a programme service. ”; and

(b) for sub-paragraph (2) substitute—

“(2) In this paragraph—

(a) “programme”, in relation to a programme service, includes an advertisement and any other item included in that service; and

(b) “programme service” has the same meaning as in the Broadcasting Act 1990.”

Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3)) U.K.

46 U.K. In Article 2(2) (interpretation), in the definition of “newspaper”, for the words from “cable programme” onwards substitute “ programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Criminal Justice Act 1987 (c. 38) U.K.

F688 47 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F688 Sch. 20 para. 47 repealed (4.7.1996 with effect in accordance with ss. 44, 72, Sch. 3 of the amending Act) by 1996 c. 25, s. 80, Sch. 5 para. 12 (with s. 78(1))

Consumer Protection Act 1987 (c. 43) U.K.

F689 48 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F689 Sch. 20 para. 48 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 4 Pt. 1 (with reg. 28(2)(3))

Consumer Protection (Northern Ireland) Order 1987 (S.I.1987/2049 (N.I.20)) U.K.

F690 49 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F690 Sch. 20 para. 49 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 4 Pt. 1 (with reg. 28(2)(3))

Copyright, Designs and Patents Act 1988 (c. 48) U.K.

F691 50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F691 Sch. 20 para. 50 repealed (1.10.1996) by 1996 c. 55, s. 148, Sch. 11 Pt. I (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915) U.K.

51 (1) In regulation 2(1) (interpretation)— U.K.

(a) omit the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”;

(b) before the definition of “court” insert—

““the Commission” means the Independent Television Commission”;

(c) for the definition of “licensed service” insert—

““licensed service” means—

(a) in relation to a complaint made to the Commission, a service in respect of which the Commission have granted a licence under Part I or II of the Broadcasting Act 1990; and

(b) in relation to a complaint made to the Radio Authority, a service in respect of which the Radio Authority have granted a licence under Part III of that Act;

and “licensed local delivery service” means a service in respect of which the Commission have granted a licence under Part II of that Act; ”; and

(d) after the definition of “publication” insert—

““relevant body” means the Commission or the Radio Authority;

“on S4C” has the same meaning as in Part I of the Broadcasting Act 1990;

“the Welsh Authority” has the same meaning as in that Act;”.

(2) In regulation 4(2) (exceptions to complaints to be considered by Director General of Fair Trading), for “the IBA or the Cable Authority” substitute “ the Commission, the Radio Authority or the Welsh Authority ”.

(3) For regulations 8 to 11 substitute—

U.K. “Complaints to the Commission and the Radio Authority

8 (1) Subject to paragraph (2) below, it shall be the duty of a relevant body to consider any complaint made to it that any advertisement included or proposed to be included in a licensed service is misleading, unless the complaint appears to the body to be frivolous or vexatious.

(2) The Commission shall not consider any complaint about an advertisement included or proposed to be included in a licensed local delivery service by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.

(3) A relevant body shall give reasons for its decisions.

(4) In exercising the powers conferred on it by these Regulations a relevant body shall have regard to all the interests involved and in particular the public interest.

U.K. Control by the Commission and the Radio Authority of misleading advertisments

9 (1) If, having considered a complaint about an advertisement pursuant to regulation 8(1) above, it considers that the advertisement is misleading, a relevant body may, if it thinks it appropriate to do so, exercise in relation to the advertisement the power conferred on it—

(a) where the relevant body is the Commission, by section 9(6) of the Broadcasting Act 1990 (power of Commission to give directions about advertisements), or

(b) where the relevant body is the Radio Authority, by section 93(6) of that Act (power of Radio Authority to give directions about advertisements).

(2) A relevant body may require any person appearing to it to be responsible for an advertisement which the body believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the body shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(3) If such evidence is not furnished to it following a requirement made by it under paragraph (2) above or if it considers such evidence inadequate, a relevant body may consider the factual claim inaccurate.

U.K. Complaints to the Welsh Authority

10 (1) Subject to paragraph (2) below, it shall be the duty of the Welsh Authority to consider any complaint made to them that any advertisement broadcast or proposed to be broadcast on S4C is misleading, unless the complaint appears to the Authority to be frivolous or vexatious.

(2) The Welsh Authority shall not consider any complaint about an advertisement broadcast or proposed to be broadcast on S4C by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.

(3) The Welsh Authority shall give reasons for their decisions.

(4) In exercising the powers conferred on them by these Regulations the Welsh Authority shall have regard to all the interests involved and in particular the public interest.

U.K. Control by the Welsh Authority of misleading advertisements

11 (1) If, having considered a complaint about an advertisement pursuant to regulation 10(1) above, they consider that the advertisement is misleading, the Welsh Authority may, if they think it appropriate to do so, refuse to broadcast the advertisement.

(2) The Welsh Authority may require any person appearing to them to be responsible for an advertisement which the Authority believe may be misleading to furnish them with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the Authority shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(3) If such evidence is not furnished to them following a requirement made by them under paragraph (2) above or if they consider such evidence inadequate, the Welsh Authority may consider the factual claim inaccurate.”

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I.1988/1846 (N.I.16)) U.K.

52 U.K. In Article 10 (restrictions on reporting applications for dismissal and preparatory hearings)—

(a) in paragraph (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;

(b) in paragraphs (5), (9) and (13), for “, broadcast or included in a cable programme” substitute “ or included in a relevant programme ”;

(c) in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “ or include in a relevant programme ”;

(d) in paragraph (12), for “broadcast or included in a cable programme” substitute “ included in a relevant programme ” and for “, broadcast or inclusion in a cable programme” substitute “ or inclusion in a relevant programme ”;

(e) in paragraph (13), for sub-paragraphs (c) and (d) substitute—

“(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”; and

(f) in paragraph (16), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).”

Children Act 1989 (c. 41) U.K.

53 U.K. In section 97(5) (privacy for children involved in certain proceedings), for paragraph (a) of the definition of “publish” substitute—

“(a) include in a programme service (within the meaning of the Broadcasting Act 1990);”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) U.K.

F692 54 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F692 Sch. 20 para. 54 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Section 203(3).

SCHEDULE 21 U.K. Repeals

Chapter	Short title	Extent of repeal
1933 c. 12.	Children and Young Persons Act 1933.	In section 28(2)(a), the words “a cable programme studio”.
1937 c. 37.	Children and Young Persons (Scotland) Act 1937.	In section 36(2)(a), the words “a cable programme studio”.
1949 c. 54.	Wireless Telegraphy Act 1949.	Section 14(1B)(a).
		In section 15, in subsection (1) the words “and named in the warrant”, and in subsection (2) the words “and named in the authorisation”.
1952 c. 66.	Defamation Act 1952.	Section 1.
1955 c. 7.	Wireless Telegraphy (Blind Persons) Act 1955.	The whole Act.
1955 c. 11 (N.I.).	Defamation Act (Northern Ireland) 1955.	Section 1.
1959 c. 66.	Obscene Publications Act 1959.	In section 1, the proviso to subsection (3).
1967 c. 72.	Wireless Telegraphy Act 1967.	Section 3(2).
		Section 5(2).
1968 c. 34 (N.I.).	Children and Young Persons Act (Northern Ireland) 1968.	In section 45(2)(a), the words “a cable programme studio”.
1973 c. 41.	Fair Trading Act 1973.	In Schedule 7, in Part I, paragraphs 8 and 9.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to the Cable Authority, the Independent Broad- casting Authority and the Welsh Fourth Channel Authority.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to the Cable Authority and the Independent Broad- casting Authority.
1975 c. 68.	Industry Act 1975.	Section 9(9A).
1975 c. 70.	Welsh Development Agency Act 1975.	Section 19(9A).
1976 c. 82.	Sexual Offences (Amendment) Act 1976.	In section 4(6), the definitions of “a broadcast” and “cable programme”.
S.I. 1978/460 (N.I.5).	Sexual Offences (Northern Ireland) Order 1978.	In Article 6(6), the definitions of “a broadcast” and “cable programme”.
1980 c. 43.	Magistrates Courts Act 1980.	In section 8(10), the definitions of “broadcast” and “cable programme”.
1980 c. 65.	Local Government, Planning and Land Act 1980.	In Schedule 16, paragraph 16.
1981 c. 49.	Contempt of Court Act 1981.	In section 19, the definition of “cable programme”.
1981 c. 68.	Broadcasting Act 1981.	The whole Act.
1982 c. 39.	Finance Act 1982.	Section 144(3).
1982 c. 45.	Civic Government (Scot- land) Act 1982.	In section 51, subsection (6)(a) and, in subsection (8), in the definition of “material” the words from “and” onwards, and the word “showing,”.
1983 c. 2.	Representation of the People Act 1983.	Section 93(3).
1984 c. 12.	Telecommunications Act 1984.	Section 6(1).
		Section 49(2).
		In section 79(2), the words “or them”.
		In Schedule 4, paragraph 81.
		In Schedule 5, paragraphs 8(1) and (3) and 30.
1984 c. 46.	Cable and Broadcasting Act 1984.	The whole Act.
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entries relating to the Broadcasting Act 1981.
1986 c. 41.	Finance Act 1986.	Section 111.
		Schedule 22.
1986 c. 60.	Financial Services Act 1986.	Section 207(4).
1986 c. 64.	Public Order Act 1986.	In section 22, in subsection (2) the words “broad- casting or cable”, in subsections (4)(b) and (5)(b) the words “broad- cast or”, wherever occur- ring, and subsections (7) and (8).
		Section 23(4).
		In section 29, the definitions of “broadcast” and “cable programme service”.
		In Schedule 2, paragraphs 5 and 6.
1987 c. 10.	Broadcasting Act 1987.	The whole Act.
1987 c. 38.	Criminal Justice Act 1987.	In section 11(15), the definitions of “broadcast” and “cable programme”.
1987 c. 43.	Consumer Protection Act 1987.	In section 24(6), the definition of “cable programme service”.
S.I.1987/463 (N.I.7).	Public Order (Northern Ireland) Order 1987.	In Article 12, in paragraph (2)(a) the words “broad- casting or cable”, in paragraphs (4)(b) and (5)(b) the words “broadcast or”, wherever occurring, and paragraphs (7) and (8).
		Article 13(4).
		In Article 17, the defini- tions of “broadcast” and “cable programme service”.
S.I.1987/2049 (N.I.20).	Consumer Protection (Northern Ireland) Order 1987.	In Article 17(6), the definition of “cable programme service”.
1988 c. 40.	Education Reform Act 1988.	In Schedule 12, paragraph 49.
1988 c. 48.	Copyright, Designs and Patents Act 1988.	In section 73, subsection (2)(a) and the word “or” immediately following it, and subsection (3)(a) and the word “or” immediately following it.
		Section 134(4).
		Section 299(2).
		In Schedule 2, paragraph 19(2)(a) and the word “or” immediately following it.
		In Schedule 7, paragraphs 29 and 30.
S.I.1988/915.	Control of Misleading Advertisements Regulations 1988.	In regulation 2(1), the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”.
S.I.1988/1846 (N.I.16).	Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.	In Article 10(16), the definitions of “broadcast” and “cable programme”.
1989 c. 26.	Finance Act 1989.	Section 181.
		Schedule 16.

Section 203(4).

SCHEDULE 22 U.K. Transitional Provisions and Savings

Preservation of appointments of existing members of the Welsh Authority, the BCC and the BSC U.K.

F693 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F693 Sch. 22 paras. 1-3 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Power to make provision with respect to complaints to the BCC or BSC U.K.

F693 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F693 Sch. 22 paras. 1-3 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Power to make provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988 U.K.

F693 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F693 Sch. 22 paras. 1-3 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Saving of amendments made by Cable and Broadcasting Act 1984 U.K.

4 U.K. The amendments made by paragraphs 12, F694 . . ., 32 F695 ... of Schedule 5 to the M38 Cable and Broadcasting Act 1984 shall not be affected by the repeals made by this Act but shall continue to have effect, subject to any amendments made by Schedule 20 to this Act.

Textual Amendments

F694 Word in Sch. 22 para. 4 repealed (4.11.1996) by S.I. 1995/755 (N.I. 15), art. 185(2), Sch. 10 (with Sch. 8 para. 23(4)); S.R. 1996/297, art. 2(2)

F695 Words in Sch. 22 para. 4 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Marginal Citations

M38 1984 c. 46.

Transitional modification of amendments made by this Act U.K.

F696 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F696 Sch. 22 para. 5 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

6 U.K. Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—

(a) the reference to the holder of a licence granted by the Independent Television Commission or the Radio Authority included a reference to the holder of a relevant licence within the meaning of Part III of Schedule 12 to this Act; and

(b) there were added at the end “or in pursuance of arrangements made with—

(i) the Independent Television Commission or the Radio Authority, or

(ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11. ”

7 U.K. Regulation 8(1) and (2) of the Control of Misleading Advertisements Regulations 1988 (as amended by this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of Schedule 12 to this Act as they apply to a service licensed under Part II of this Act.