Part X U.K. Miscellaneous and general

Broadcasting during election period U.K.

144 Broadcasting of local items during election period. U.K.

For section 93 of the Representation of the M1 People Act 1983 there shall be substituted—

“93 Broadcasting of local items during election period.

(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.

(2) The code for the time being adopted by a broadcasting authority under this section shall be either—

(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or

(b) a code drawn up by one or more other such authorities;

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).

(3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.

(4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

(5) For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—

(a) (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced,

(b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M2 Recess Elections Act 1975, or

(c) (if a local government election) with the last date for publication of notice of the election,

and ending with the close of the poll.

(6) In this section—

• “broadcasting authority” means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;

• “candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;

• “relevant services”—

  (a)

  in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;

  (b)

  in relation to the Independent Television Commission, means services licensed under Part I of the M3 Broadcasting Act 1990 or Part I of the Broadcasting M4 Act 1996; and

  (c)

  in relation to the Radio Authority, means services licensed under Part III of the M5 Broadcasting Act 1990 or Part II of the M6 Broadcasting Act 1996.”

Commencement Information

I1 S. 144 wholly in force at 16.3.2001; s. 144 not in force at Royal Assent, see s. 163(2); s. 144 in force for specified purposes at 16.2.2001 and wholly in force at 16.3.2001 by S.I. 2001/222, art. 3

Marginal Citations

M1 1983 c. 2.

M2 1975 c. 66.

M3 1990 c. 42.

M4 1996 c. 55.

M5 1990 c. 42.

M6 1996 c. 55.