Political Parties, Elections and Referendums Act 2000

Referendum campaign broadcasts

4 (1) Sections 36(1) and (2) and 107(1) of the [1990 c. 42.] Broadcasting Act 1990 (party political broadcasts) shall apply in relation to referendum campaign broadcasts by designated organisations as they apply in relation to party political broadcasts.

(2) Without prejudice to section 36(1)(b) or 107(1)(b) of the 1990 Act, as it applies in accordance with sub-paragraph (1), the licensing body may determine the length and frequency of the broadcasts which are to be included in a licensed service by virtue of conditions included in a licence by virtue of sub-paragraph (1).

(3) Any rules made by the licensing body for the purposes of section 36 or 107 of the 1990 Act, as it applies in accordance with sub-paragraph (1), may make different provision for different cases or circumstances.

(4) Before making any such rules the licensing body shall have regard to any views expressed by the Electoral Commission for the purposes of this sub-paragraph.

(5) As soon as practicable after the commencement of this paragraph the licensing body shall, in the case of each licence in force at that commencement in which conditions are to be included by virtue of sub-paragraph (1)—

(a) determine the conditions which are to be so included;

(b) notify the licence holder of those conditions; and

(c) send the licence holder a revised licence which includes those conditions.

(6) The British Broadcasting Corporation and Sianel Pedwar Cymru shall each, in determining its policy with respect to referendum campaign broadcasts by designated organisations, have regard to any views expressed by the Electoral Commission for the purposes of this sub-paragraph.

(7) In this paragraph—

• “the 1990 Act” means the [1990 c. 42.] Broadcasting Act 1990;

• “licence” means—

  (a)

  in the context of section 36 of the 1990 Act, a regional Channel 3 licence or a licence to provide Channel 4 or 5 (each within the meaning of Part I of that Act), or

  (b)

  in the context of section 107 of the 1990 Act, a national licence (within the meaning of Part III of that Act),

  and “licensed” shall be construed accordingly;

• “the licensing body” means the Independent Television Commission or (as the case may be) the Radio Authority;

• “referendum campaign broadcast” has the same meaning as in section 127.