Broadcasting Act 1996 (c. 55)

SCHEDULES

Sections 37, 70.

SCHEDULE 1 U.K. Multiplex revenue: supplementary provisions

Modifications etc. (not altering text)

C1 Sch. 1 applied (prosp.) by 1990 c. 42, s. 26(9A) (as inserted by 1996 c. 55, s. 82(3))

Part I U.K. Multiplex revenue for purposes of Part I of this Act

Computation of multiplex revenue U.K.

1 (1) It shall be the duty of [F1 OFCOM] to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining— U.K.

(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 [F1 OFCOM] shall consult the Secretary of State and the Treasury.

(4) [F1 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

F1 Words in Sch. 1 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(2) (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 I of this Act— U.K.

(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 [F1 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 [F1 OFCOM] and that person, be the amount determined by [F1 OFCOM] .

(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 [F1 OFCOM] and that person, be the amount determined by [F1 OFCOM] .

(3) No determination of [F1 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

F1 Words in Sch. 1 Pt. 1 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part II U.K. Multiplex revenue for purposes of Part II of this Act

Computation of multiplex revenue U.K.

3 (1) It shall be the duty of [F2 OFCOM] to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining— U.K.

(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 [F2 OFCOM] shall consult the Secretary of State and the Treasury.

(4) [F2 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

F2 Words in Sch. 1 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disputes U.K.

4 (1) For the purposes of any provision of Part II of this Act— U.K.

(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 [F2 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 [F2 OFCOM] and that person, be the amount determined by [F2 OFCOM] .

(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 [F2 OFCOM] and that person, be the amount determined by [F2 OFCOM] .

(3) No determination of [F2 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

F2 Words in Sch. 1 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 142(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)