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Version Superseded: 31/12/2020
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Broadcasting Act 1996, Section 39 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Part—
“ancillary service” has the meaning given by section 24(2);
[F1“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;]
“a Channel 3 licence” has the same meaning as in Part I of the 1990 Act and “a Channel 3 service” means a regional or national Channel 3 service (within the meaning of that Part);
“Channel 4”, “Channel 5” and “a Channel 5 licence” have the same meaning as in Part I of the 1990 Act;
F2...
“digital additional service” has the meaning given by section 24(1), and “digital additional services licence” means a licence to provide such services;
“digital programme service” has the meaning given by section 1(4), and “digital programme licence” means a licence to provide such services;
[F3“ digital public teletext service ” has the same meaning as in Part 3 of the Communications Act 2003;
“digital sound programme service” has the same meaning as in Part 2 of this Act;
[F4“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;]
“general multiplex service” has the same meaning as in that Part;]
“independent analogue broadcaster” has the meaning given by section 2(1);
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
“multiplex service” has the meaning given by section 1(1), and “multiplex licence” means a licence to provide such a service;
[F5“public teletext provider” means the person for the time being licensed under Part 1 of the 1990 Act to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);]
“qualifying service” has the meaning given by section 2(2);
F2...
[F6“S4C” and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;]
“technical service” has the meaning given by section 24(3).
[F7“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;]
[F8“ television multiplex service] ” has the meaning given by section 241 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
F1Words in s. 39(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 3(c)
F2Words in s. 39(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)
F3Words in s. 39(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 39(1) inserted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(3)(b)
F5Words in s. 39(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F6Words in s. 39(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F7Words in s. 39(1) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(2)
F8Words in s. 39(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 100(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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