The Cable (Excepted Programmes) Order 1991

Statutory Instruments

1991 No. 1246

BROADCASTING

The Cable (Excepted Programmes) Order 1991

Made

22nd May 1991

Coming into force

1st June 1991

In exercise of the powers conferred upon me by section 13(1) of theCable and Broadcasting Act 1984(1), and after consultation with the Independent TelevisionCommission, the British Broadcasting Corporation and Sianel PedwarCymru, I hereby make the following Order:

1.—(1) This Order may be cited as the Cable (ExceptedProgrammes) Order 1991 and shall come into force on 1st June 1991.

(2) The Cable (Excepted Programmes) Order 1990(2) is hereby revoked.

2.—(1) Paragraph (2) below sets out the exceptions to the dutyimposed by section 13 of the Cable and Broadcasting Act 1984 (underwhich the Independent Television Commission are required to do all thatthey can to secure that, subject to the exceptions in this Order, everylicensed diffusion service provided by any person in any area includes,by the reception and immediate re-transmission of the broadcasts, theprogrammes included in each television broadcasting service provided bya broadcasting authority(3)for reception in that area).

(2) The exceptions for programmes included in television broadcasting services are:

(a) in the case of all diffusion services, the programmes providedpursuant to paragraph 1(1)(d) of Part II of Schedule 11 to theBroadcasting Act 1990;(4)

(b) in the case of a diffusion service licensed by the Cable Authoritybefore 23rd March 1990 which is not capable of conveying visual imageson more than nine channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services:

Provided that where the system to which the licence relates was, prior to the date on which the licence took effect, used wholly or mainly for the purpose of relaying television broadcasting services by the reception and immediate re-transmission of the programmes, this exception shall not apply unless the licensee has made available to the persons to whom the servicesreferred in this proviso were provided facilities for the reception,otherwise than by means of that system, of the programmes included inthose services;

(c) in the case of a diffusion service licensed by the Cable Authorityon or after 23rd March 1990 which is not capable of conveying visualimages on more than six channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services; and

(d) in the case of a diffusion service in respect of which there was, immediately prior to 1st January 1985, a licence granted(5) or having effect as if granted(6) by the Secretary of State under section 58 of the Telecommunications Act 1984(7) and which was notsubsequently licensed by the Cable Authority as a prescribed diffusionservice, the programmes included in all television broadcastingservices.

(3) In this article“television broadcasting service” has the same meaning as in section 2(5) of the Broadcasting Act1990.

Kenneth Baker

One of Her Majesty’s Principal Secretaries of State

Home Office

22nd May 1991

Explanatory Note

(This note is not part of the Order)

Under section 13(1) of the Cable and Broadcasting Act 1984 (as ithas effect, with modifications, under paragraph 4(1) of Part III ofSchedule 12 to the Broadcasting Act 1990) the Independent TelevisionCommission (“the Commission”) are required to do all that they can to secure that every licenseddiffusion service provided by any person in any area includes, by thereception and immediate re-transmission of the broadcasts, theprogrammes included in each television broadcasting service provided bya broadcasting authority for reception in that area, subject to suchexceptions as the Secretary of State may specify. This Order, whichrevokes the previous Order under section 13(1), sets out thoseexceptions.

Consequent on the amendment made by paragraph 4(1)(c) ofPart III of Schedule 12 to the Broadcasting Act 1990 (“the 1990 Act”), this Order differs from the Order it revokes in that no provisionis made in respect of sound broadcasting. The exception in article2(2)(a) of this Order in respect of DBS services (direct broadcasting bysatellite) has been amended so as to refer to transitional provisions inSchedule 11 to the 1990 Act. It has also been widened so that theCommission are not required to secure the inclusion in any diffusionservice of any DBS services and not merely (as under the previous Order)those DBS services devoted to sport or popular music. Paragraphs (b) to(d) of article 2(2) repeat the substance of the exceptions set out inparagraph 1(b) to (d) of the Schedule to the Order revoked by thisOrder.

(1)

1984 c. 46; under paragraph 4(1) of Part III of Schedule 12to the Broadcasting Act 1990 (c. 42), section 13 is continued in forcewith modifications during the“interim period” (as to which, see paragraph 4(4) and S.I. 1990/2540); see also article 3(3) of S.I. 1990/2347.

(2)

S.I. 1990/676.

(3)

As to the meaning of“broadcasting authority” see paragraph 4(1)of Part III of Schedule 12 to the Broadcasting Act1990.

(4)

1990 c. 42.

(5)

By virtue of section 58(2) of the Cableand Broadcasting Act 1984 such alicence has effect as if granted by the Cable Authority.

(6)

See paragraph 8of Schedule 5 to the TelecommunicationsAct 1984.

(7)

1984 c. 12.