C2C3Part IV Sporting and other events of national interest
Pt. 4 modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 51(1)(2)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
97C2C3 Listed events.
1
For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.
C42
The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (1) unless he has first consulted—
a
the BBC,
b
the Welsh Authority,
C1c
the Commission, and
d
in relation to a relevant event, the person from whom the rights to televise that event may be acquired;
and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.
3
As soon as he has drawn up or revised such a list as is mentioned in subsection (1), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—
a
the persons mentioned in subsection (2), and
4
In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.
5
The addition of any relevant event to such a list as is mentioned in subsection (1) shall not affect—
a
the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed addition, or
b
the exercise of any rights acquired under such a contract.
6
The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.
98F1 Categories of service.
1
For the purposes of this Part, television programme services F36... shall be divided into two categories as follows—
a
those television programme services and F36... which for the time being satisfy the qualifying conditions, and
b
all other television programme services F36....
2
In this section “the qualifying conditions”, in relation to a service, means the conditions—
a
that the service is provided without any consideration being required for reception of the service, and
b
that the service is received by at least 95 per cent. of the population of the United Kingdom.
3
There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a F15licence for the purposes of section 363 of the Communications Act 2003 .
4
The condition in subsection (2)(b)
a
is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and
b
is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.
5
F345A
The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).
5B
An amendment made by regulations under this section does not affect—
a
the validity of any contract entered into before the regulations came into force, or
b
the exercise of any rights acquired under such a contract.
5C
Regulations under subsection (5A) may make transitional, transitory or saving provision.
5D
A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
F386
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99 Contract for exclusive right to televise listed event to be void.
1
Any contract entered into after the commencement of this section under which a television programme provider acquires rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or in any area of the United Kingdom, shall be void so far as it purports, in relation to the whole or any part of the event or in relation to reception in the United Kingdom or any area of the United Kingdom, to grant those rights exclusively to any one television programme provider.
2
In this Part “television programme provider” means the BBC, the Welsh Authority or any person who is the holder of any licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act.
3
For the purposes of this section rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider are granted exclusively if the person granting them—
F2a
has not granted any right to televise the whole or, as the case may be, that part of the event live for reception in that area to any other television programme provider F39, to any CTT broadcaster or on an exempt Irish service, and
b
is precluded by the terms of the contract from doing so.
F404
In subsection (3)—
“CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a State, other than the United Kingdom, which is for the time being a party to the Convention”;
“exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.
100 Contract for televising listed event must specify category of service.
F31
Any contract entered into after the commencement of this section shall be void so far as it purports to grant to a television programme provider rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or any area of the United Kingdom, unless the contract complies with subsection (2).
2
A contract complies with this subsection if the terms of the contract allow the television programme provider to include the live coverage of the listed event—
a
only in a television programme service falling within paragraph (a) of subsection (1) of section 98, or
b
only in a television programme service falling within paragraph (b) of that subsection.
101 Restriction on televising of listed event.
1
A F4television programme provider providing a service falling within either of the categories set out in subsection (1) of section 98 (“the first service”) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of F24OFCOM , include in that service live coverage of the whole or any part of a listed event unless—
a
another person, who is providing a service falling within the other category set out in that subsection (“the second service”), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event, and
b
the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.
2
F24OFCOM may revoke any consent given by them under subsection (1).
3
Failure to comply with subsection (1) shall not affect the validity of any contract.
4
Subsection (1) shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.
101AF5 Designated events in relation to F41EEA States or other CTT States.
F431
For the purposes of this Part, a sporting or other event is a designated event, in relation to an EEA State F42..., if—
a
that State has designated the event in accordance with F29Article 14(1) of the Audiovisual Media Services Directive as being of major importance to its society, and
b
the designation forms part of measures—
i
which have been notified by that State to the European Commission for the purposes of F30Article 14(2) of that Directive, and
ii
notice of which has been published by the European Commission in the Official Journal of the Communities.
F442
For the purposes of this Part, a sporting or other event is a designated event, in relation to a qualifying CTT State, if—
a
that State has designated the event in accordance with Article 9bis of the European Convention on Transfrontier Television as being of major importance for society,
b
the designation forms part of measures which have been notified by that State under that Article to the Standing Committee set up under Article 20 of the Convention, and
c
the event and measures are included in a consolidated list published by the Standing Committee under Article 9bis of the Convention.
3
In this Part “qualifying CTT State” means a State, other than the United Kingdom, which is for the time being a party to the European Convention on Transfrontier Television but is not an EEA State.
F6101B Restriction on televising of an event designated by F49EEA State or other CTT State.
1
A television programme provider shall not, without the previous consent of F25OFCOM, exercise rights to televise the whole or part of an event which is a designated event, in relation to an EEA State F45..., for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with F31Article 14(1) of the Audiovisual Media Services Directive.
F461A
A television programme provider must not, without the previous consent of OFCOM, exercise rights to televise the whole or part of an event which is a designated event, in relation to a qualifying CTT State, for reception in that State or any area of that State, where a substantial proportion of the public in that State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with Article 9bis of the European Convention on Transfrontier Television.
2
3
Failure to comply with subsection (1) F48or (1A) shall not affect the validity of any contract.
F334
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102 Power of F26OFCOM to impose penalty.
1
If F26OFCOM —
a
b
are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,
they may require him to pay, within a specified period, a specified financial penalty to F26OFCOM .
2
If F26OFCOM are satisfied that, in connection with an application for consent under subsection (1) of section 101 F8or F50subsection (1) or (1A) of section 101B, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—
a
provided them with information which was false in a material particular, or
b
withheld any material information with the intention of causing F26OFCOM to be misled,
they may require him to pay, within a specified period, a specified financial penalty to F26OFCOM.
F92A
Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with F52subsection (1) or (1A) of section 101B, F26OFCOM shall consult such persons (who may include competent authorities in F53EEA States or qualifying CTT States) as appear to F26OFCOM to be appropriate.
3
The amount of any financial penalty imposed on any person under subsection (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.
4
In subsection (3)—
a
“the relevant consideration” means an amount determined by F26OFCOM as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and
b
“the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.
5
An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
7
Any amount payable by any person to F26OFCOM by virtue of subsection (1) or (2) shall be recoverable by them as a debt due to them from that person.
103 Report to Secretary of State.
1
If F27OFCOM —
a
b
are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,
they shall make a report on the matter to the Secretary of State.
2
If F27OFCOM are satisfied that, in connection with an application for consent under subsection (1) of section 101 F11or F54subsection (1) or (1A) of section 101B, a broadcasting body has—
a
provided them with information which was false in a material particular, or
b
withheld any material information with the intention of causing F27OFCOM to be misled,
they shall make a report on the matter to the Secretary of State.
F122A
3
In this section “broadcasting body” means the BBC or the Welsh Authority.
104 Code of guidance.
F191
OFCOM shall draw up, and may from time to time revise, a code giving guidance—
a
as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1) F58or (1A); and
b
as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1) F59or (1A).
2
In exercising their powers under this Part, F17OFCOM shall have regard to the provisions of the code.
3
4
As soon as F17OFCOM have drawn up or revised such a code, F17OFCOM shall publish the code in such manner as they consider appropriate for bringing it to the attention of—
a
the BBC,
b
the Welsh Authority,
c
every person from whom the rights to televise a listed event may be acquired, and
104ZAF22Regulations about coverage of listed events
1
OFCOM may make regulations for determining for the purposes of this Part—
a
the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live;
b
what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and
c
the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage.
2
The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B.
3
Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.
104AF13 Provision of information.
1
2
105 Interpretation of Part IV and supplementary provisions.
1
In this Part (unless the context otherwise requires)—
F20“ adequate alternative coverage” and “live” ” are to be construed in accordance with any regulations under section 104ZA;
F35“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;
“Channel 4” has the same meaning as in Part I of the 1990 Act;
F21...
F62“designated event”—
a
in relation to an EEA State, has the meaning given by section 101A(1), and
b
in relation to a qualifying CTT State, has the meaning given by section 101A(2);
F32“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
F63“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;
“listed event” has the meaning given by section 97(1);
F21...
“national Channel 3 service” and “regional Channel 3 service” have the same meaning as in Part I of the 1990 Act;
F64“qualifying CTT State” has the meaning given by section 101A(3);
F14“S4C” has the same meaning as in Part I of the 1990 Act;
“television broadcasting service” has the same meaning as in Part I of the 1990 Act;
“television programme provider” has the meaning given by section 99(2);
“television programme service” has the same meaning as in Part I of the 1990 Act.
2
Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.
Pt. 4: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 13 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)