Broadcasting Act 1996

24 Digital additional services. U.K.

(1) In this Part “digital additional service” means any service which—

[F1 (a) is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

(b) is so provided with a view either—

(i) to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or

(ii) to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;

and

(c) is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.]

(2) In this Part “ancillary service” means any service which is provided by the holder of a digital programme licence or by an [F2 a relevant public service broadcaster] and consists in the provision of—

[F3 (a) assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;

(b) a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or

(c) any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.]

(3) In this Part “technical service” means a service which—

(a) is provided for technical purposes connected with the encryption or decryption of one or more digital programme services [F4 , digital sound programme services] or digital additional services, and

(b) is of a description specified in an order made by the Secretary of State.

[F5 (3A) In this section—

“assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;

“available for reception by members of the public” shall be construed in accordance with section 361 of that Act;

“public television service of the Welsh Authority” means—

(a) S4C Digital; or

(b) any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;

“relevant public service broadcaster” means any of the following—

(a) a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;

(b) the Channel 4 Corporation;

(c) a person licensed under Part 1 of the 1990 Act to provide Channel 5;

(d) the BBC;

(e) the Welsh Authority;

(f) the public teletext provider.]

(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 24(1)(a)-(c) substituted for s. 24(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 93(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 24(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 93(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 S. 24(2)(a)-(c) substituted for s. 24(2)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 93(3)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 24(3)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 93(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 S. 24(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 93(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)