The Cable (Excepted Programmes) Order 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.