SCHEDULES
C1SCHEDULE 1 Multiplex revenue: supplementary provisions
Part I Multiplex revenue for purposes of Part I of this Act
Computation of multiplex revenue
1
1
It shall be the duty of F1OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining—
a
the multiplex revenue in relation to a licence holder for the purposes of section 14 for any accounting period, and
b
the share of multiplex revenue attributable to a person in relation to any multiplex service for the purposes of any provision of Part I of this Act—
i
for any accounting period of the holder of the multiplex licence, or
ii
for any year.
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 F1OFCOM shall consult the Secretary of State and the Treasury.
4
F1OFCOM 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.
Disputes
2
1
For the purposes of any provision of Part I of this Act—
a
the amount of the multiplex revenue in relation to any holder of a multiplex licence 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 F1OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
2
For the purposes of any provision of Part I of this Act the share of multiplex revenue attributable to any person in relation to a multiplex service for any accounting period or (as the case may be) for any year shall, in the event of a disagreement between F1OFCOM and that person, be the amount determined by F1OFCOM .
3
No determination of F1OFCOM 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.
Part II Multiplex revenue for purposes of Part II of this Act
Computation of multiplex revenue
3
1
It shall be the duty of F2OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining—
a
the multiplex revenue in relation to a licence holder for the purposes of section 56 for any accounting period, and
b
the share of multiplex revenue attributable to a person in relation to any national radio multiplex service for the purposes of any provision of Part II of this Act—
i
for any accounting period of the holder of the national radio multiplex licence, or
ii
for any year.
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 F2OFCOM shall consult the Secretary of State and the Treasury.
4
F2OFCOM 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.
Disputes
4
1
For the purposes of any provision of Part II of this Act—
a
the amount of the multiplex revenue in relation to any holder of a national radio multiplex licence 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 F2OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
2
For the purposes of any provision of Part II of this Act the share of multiplex revenue attributable to any person in relation to any national radio multiplex service for any accounting period or (as the case may be) for any year shall, in the event of a disagreement between F2OFCOM and that person, be the amount determined by F2OFCOM .
3
No determination of F2OFCOM 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.
Sch. 1 applied (prosp.) by 1990 c. 42, s. 26(9A) (as inserted by 1996 c. 55, s. 82(3))