Prospective
Broadcasting Act 1996U.K.
19(1)In section 105 (interpretation of Part 4), subsection (1) is amended as follows.
(2)For the definition of “adequate alternative coverage” and “live”, substitute—
““adequate alternative coverage”, “adequate live coverage” and “live coverage” are to be construed in accordance with regulations under section 104ZA (subject to section 104ZA(2));”.
(3)In the definition of “Channel 4”, for “has” substitute “and “Channel 5” have”.
(4)In the definition of “television programme provider”, for “has the meaning given by section 99(2)” substitute “means the BBC, S4C or any person who is the holder of any licence under Part 1 of the 1990 Act or a digital programme licence under Part 1 of this Act”.
(5)Omit the definitions of “national Channel 3 service”, “regional Channel 3 service” and “television broadcasting service”.
(6)At the appropriate place insert—
““Channel 3 service” means a regional or national Channel 3 service;”;
““designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA(1) of that Act);”;
““internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA(10) of that Act);”;
““on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in the Communications Act 2003 (see sections 368A and 368AA(1) of that Act);”;
““relevant service” has the meaning given by section 98(7);”;
““S4C Digital” has the same meaning as in Part 1 of the 1990 Act (see section 71(1) of that Act);”.
(7)After subsection (1) insert—
“(1A)The services that are to be taken for the purposes of this Part to be available to members of the public include any service which—
(a)is available for reception by members of the public (within the meaning of section 361 of the Communications Act 2003), or
(b)is available for use by members of the public (within the meaning of section 368R(4) of the Communications Act 2003).
(1B)In this Part—
(a)a reference to the provision of a television programme service is to be read in accordance with section 362(2) and (3) of the Communications Act 2003;
(b)a reference to the provision of an on-demand programme service or a non-UK on-demand programme service is to be read in accordance with section 368R(5) and (6) of the Communications Act 2003.
(1C)In this Part, the person, and the only person, who is to be treated for the purposes of this Part as providing a relevant service of the kind described in section 98(7)(d) is the person who has such control of the service as is described in section 98(7)(d)(iii).
(1D)For the purposes of this Part as it relates to relevant services of the kind described in section 98(7)(d)—
(a)the provision of a service by the BBC does not include its provision by a BBC company;
(b)the provision of a service by S4C does not include its provision by an S4C company;
and, accordingly, control that is capable of being exercised by the BBC or S4C over decisions by a BBC company or an S4C company about what is to be included in a service is to be disregarded for the purposes of determining who has such control of the service as is described in section 98(7)(d)(iii).”
Commencement Information
I1Sch. 2 para. 19 not in force at Royal Assent, see s. 55(3)(a)