Broadcasting Act 1990
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There shall be a commission to be called the Independent Television Commission (in this Part referred to as “the Commission”).
The Commission shall consist of—
a chairman and a deputy chairman appointed by the Secretary of State; and
such number of other members appointed by the Secretary of State, not being less than eight nor more than ten, as he may from time to time determine.
Schedule 1 to this Act shall have effect with respect to the Commission.
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It shall be the function of the Commission to regulate, in accordance with this Part, the provision of the following services, namely— and to regulate, in accordance with Part II, the provision of local delivery services (within the meaning of that Part) which are so provided.
television programme services which are provided from places in the United Kingdom by persons other than the BBC and the Welsh Authority, and
additional services which are provided from places in the United Kingdom,
It shall be the duty of the Commission—
to discharge their functions under this Part and Part II as respects the licensing of the services referred to in subsection (1) in the manner which they consider is best calculated—
to ensure that a wide range of such services is available throughout the United Kingdom, and
to ensure fair and effective competition in the provision of such services and services connected with them; and
to discharge their functions under this Part as respects the licensing of television programme services in the manner which they consider is best calculated to ensure the provision of such services which (taken as a whole) are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests.
Subsection (2)(a)(ii) shall not be construed as affecting the discharge by the Director General of Fair Trading, the Secretary of State or the Monopolies and Mergers Commission of any of his or their functions in connection with competition.
In this Part—
“the relevant authority”—
publish details of the arrangements or modification in such manner as they consider appropriate, and
comply with the appropriate requirement specified in subsection (12)(a) or (b).
which is licensed under Part I or (as the case may be) Part III of this Act, or any additional service (within the meaning of Part I or III of this Act) which is licensed under that Part of this Act and constitutes a teletext service;
“local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;
Parts II and IV of Schedule 11 to this Act, and
any provision of the Broadcasting Act 1981 which is to be construed as referring to the Commission or to the Radio Authority by virtue of either of those Parts of that Schedule,
that person indicates to OFCOM that none of the services in question will be provided once the licence has come into force, or
“CMA” means the Competition and Markets Authority;
OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,
“the transfer date” means the day appointed under section 127(1).
no such arrangements as are mentioned in subsection (4)(a) are made by the relevant date, or
any such arrangements are so made but cease to be in force at any time before 1st January 1995,
in relation to any such unjust or unfair treatment as is mentioned in section 143(1), means a participant in the programme in question who was the subject of that treatment or a person who, whether such a participant or not, had a direct interest in the subject-matter of that treatment; and
in relation to any such unwarranted infringement of privacy as is so mentioned, means a person whose privacy was infringed;
In this Part “television broadcasting service” means (subject to subsection (6)) a service consisting in the broadcasting of television programmes for general reception in, or in any area in, the United Kingdom, including a domestic satellite service (as defined by section 43(1)).
Subsection (5) does not apply to any teletext service or any other service in the case of which the visual images broadcast in the service consist wholly or mainly of non-representational images, that is to say visual images which are neither still pictures nor comprised within sequences of visual images capable of being seen as moving pictures.
Any licence granted by OFCOM under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003.
A licence may be so granted for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified.
OFCOM — and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).
shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and
shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;
OFCOM may vary a licence by a notice served on the licence holder if—
in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or
in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.
Where OFCOM are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.
Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 19(1) or 52(1) or in pursuance of any other provision of this Part which applies section 19(1).
A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of OFCOM .
Without prejudice to the generality of subsection (6), OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.
The holding by a person of a licence under this Part shall not relieve him of—
any liability in respect of a failure to hold a licence under section 8 of the Wireless Telegraphy Act 2006; or
any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
A licence may include—
such conditions as appear to OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
conditions requiring the payment by the licence holder to OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;
conditions requiring the licence holder to provide OFCOM, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
conditions providing for such incidental and supplemental matters as appear to OFCOM to be appropriate.
A licence may in particular include conditions requiring the licence holder—
to comply with any direction given by OFCOM as to such matters as are specified in the licence or are of a description so specified; or
(except to the extent that OFCOM consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified.
The fees required to be paid to OFCOM by virtue of subsection (1)(b) shall be in accordance with such tariff as may from time to time be fixed by OFCOM; ....
A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and OFCOM shall publish every such tariff in such manner as they consider appropriate.
Where the holder of any licence— he shall be taken for the purposes of sections 41 and 42 or (as the case may be) sections 237 and 238 of the Communications Act 2003 (enforcement of television licensable content service licences) to have failed to comply with that condition.
is required by virtue of any condition contained in the licence to provide OFCOM with any information, and
in purported compliance with that condition provides them with information which is false in a material particular,
Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).
OFCOM shall do all that they can to secure—
that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and
that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and
that those requirements are not contravened in the case of a person who already holds a licence.
OFCOM may accordingly—
require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—
whether he is such a disqualified person as is mentioned in subsection (1)(a),
whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and
if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;
revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;
make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);
impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting— where such proposals are known to the body;
shareholdings in the body, or
the directors of the body,
impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.
impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
shareholdings in the body; or
the directors of the body;
impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or
whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
Where OFCOM — any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.
revoke the award of any licence in pursuance of subsection (2)(b), or
determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,
Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, OFCOM shall give the Secretary of State notice of their intention to do so, specifying the relevant change.
Those provisions shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.
Every licence shall include such conditions as OFCOM consider necessary or expedient to ensure that where— OFCOM may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.
the holder of the licence is a body, and
a relevant change takes place after the grant of the licence,
OFCOM shall not serve any such notice on the licence holder unless—
OFCOM have notified him of the matters constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and
in a case where the relevant change is one falling within subsection (6A)—
they have also given him an opportunity of complying with the requirements imposed by or under Schedule 14 to the Communications Act 2003, within a period specified in the notification, and
the period specified in the notification has elapsed.
In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means— being (in any case) a change which is such that, if it fell to OFCOM to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.
any change affecting the nature or characteristics of the body, or
any change in the persons having control over or interests in the body, or
any other change giving rise to a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003
A relevant change falls within this subsection if it consists only in one or more of the following—
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a change in the national market share (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003 ) of one or more national newspapers (within the meaning of that Part of that Schedule);
a change in the local market share ... in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
For the purposes of this section, the local market share of a local newspaper in any area at any time is the percentage of the total number of copies of all local newspapers sold in that area in the relevant six months which is represented by the total number of copies of that newspaper sold in that area in that six months.
In subsection (6AA) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question.
For the purposes of subsection (6AA), the number of copies of a newspaper sold in a particular area during any period may be taken to be such number as is estimated by OFCOM— as they think fit.
in such manner, or
by reference to such statistics prepared by any other person,
In relation to a newspaper which is distributed free of charge (rather than sold), references in this section to the number of copies sold include references to the number of copies distributed.
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OFCOM shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change..
Where OFCOM receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.
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The Commission shall do all that they can to secure that every licensed service complies with the following requirements, namely—
that nothing is included in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;
that any news given (in whatever form) in its programmes is presented with due accuracy and impartiality;
that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy;
that due responsibility is exercised with respect to the content of any of its programmes which are religious programmes, and that in particular any such programmes do not involve—
any improper exploitation of any susceptibilities of those watching the programmes, or
any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination; and
that its programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without their being aware, or fully aware, of what has occurred.
In applying subsection (1)(c) a series of programmes may be considered as a whole.
The Commission shall— and the Commission may make different provision in the code for different cases or circumstances.
draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of subsection (1)(c) in relation to licensed services; and
do all that they can to secure that the provisions of the code are observed in the provision of licensed services;
Without prejudice to the generality of subsection (1), the Commission shall do all that they can to secure that there are excluded from the programmes included in a licensed service all expressions of the views and opinions of the person providing the service on matters (other than the provision of programme services) which are of political or industrial controversy or relate to current public policy.
The rules specified in the code referred to in subsection (3) shall, in particular, take account of the following matters—
that due impartiality should be preserved on the part of the person providing a licensed service as respects major matters falling within subsection (1)(c) as well as matters falling within that provision taken as a whole; and
the need to determine what constitutes a series of programmes for the purposes of subsection (2).
The rules so specified shall, in addition, indicate to such extent as the Commission consider appropriate—
what due impartiality does and does not require, either generally or in relation to particular circumstances;
the ways in which due impartiality may be achieved in connection with programmes of particular descriptions;
the period within which a programme should be included in a licensed service if its inclusion is intended to secure that due impartiality is achieved for the purposes of subsection (1)(c) in connection with that programme and any programme previously included in that service taken together; and
in relation to any inclusion in a licensed service of a series of programmes which is of a description specified in the rules— and those rules shall, in particular, indicate that due impartiality does not require absolute neutrality on every issue or detachment from fundamental democratic principles.
that the dates and times of the other programmes comprised in the series should be announced at the time when the first programme so comprised is included in that service, or
if that is not practicable, that advance notice should be given by other means of subsequent programmes so comprised which include material intended to secure, or assist in securing, that due impartiality is achieved in connection with the series as a whole;
The Commission shall publish the code drawn up under subsection (3), and every revision of it, in such manner as they consider appropriate.
Nothing in this section or in sections 7 to 12 has effect in relation to any licensed service which is an additional service other than the teletext service referred to in section 49(2).
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The Commission shall draw up, and from time to time review, a code giving guidance— and the Commission shall do all that they can to secure that the provisions of the code are observed in the provision of licensed services.
as to the rules to be observed with respect to the showing of violence, or the inclusion of sounds suggestive of violence, in programmes included in licensed services, particularly when large numbers of children and young persons may be expected to be watching the programmes;
as to the rules to be observed with respect to the inclusion in such programmes of appeals for donations; and
as to such other matters concerning standards and practice for such programmes as the Commission may consider suitable for inclusion in the code;
In considering what other matters ought to be included in the code in pursuance of subsection (1)(c), the Commission shall have special regard to programmes included in licensed services in circumstances such that large numbers of children and young persons may be expected to be watching the programmes.
The Commission shall, in drawing up or revising the code under this section, take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this subsection.
The Commission shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.
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The Commission shall do all that they can to secure that the rules specified in subsection (2) are complied with in relation to licensed services.
Those rules are as follows—
a licensed service must not include—
any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature,
any advertisement which is directed towards any political end, or
any advertisement which has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department);
in the acceptance of advertisements for inclusion in a licensed service there must be no unreasonable discrimination either against or in favour of any particular advertiser; and
a licensed service must not, without the previous approval of the Commission, include a programme which is sponsored by any person whose business consists, wholly or mainly, in the manufacture or supply of a product, or in the provision of a service, which the licence holder is prohibited from advertising by virtue of any provision of section 9.
Nothing in subsection (2) shall be construed as prohibiting the inclusion in a licensed service of any party political broadcast which complies with the rules (so far as applicable) made by the Commission for the purposes of section 36.
After consultation with the Commission the Secretary of State may make regulations amending, repealing, or adding to the rules specified in subsection (2); but no such regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
The Commission shall not act as an advertising agent.
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It shall be the duty of the Commission— and the Commission may make different provision in the code for different kinds of licensed services.
after the appropriate consultation, to draw up, and from time to time review, a code—
governing standards and practice in advertising and in the sponsoring of programmes, and
prescribing the advertisements and methods of advertising or sponsorship to be prohibited, or to be prohibited in particular circumstances; and
to do all that they can to secure that the provisions of the code are observed in the provision of licensed services;
In subsection (1) “the appropriate consultation” means consultation with—
the Radio Authority;
every person who is the holder of a licence under this Part;
such bodies or persons appearing to the Commission to represent each of the following, namely— as the Commission think fit; and
viewers,
advertisers, and
professional organisations qualified to give advice in relation to the advertising of particular products,
such other bodies or persons who are concerned with standards of conduct in advertising as the Commission think fit.
The Commission shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.
The Commission shall—
from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be included in licensed services and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of such services; and
carry out any directions which he may give to them in respect of such matters.
The Commission may, in the discharge of a general responsibility with respect to advertisements and methods of advertising and sponsorship, impose requirements as to advertisements or methods of advertising or sponsorship which go beyond the requirements imposed by the code.
The methods of control exercisable by the Commission for the purpose of securing that the provisions of the code are complied with, and for the purpose of securing compliance with requirements imposed under subsection (5) which go beyond the requirements of the code, shall include a power to give directions to the holder of a licence—
with respect to the classes and descriptions of advertisements and methods of advertising or sponsorship to be excluded, or to be excluded in particular circumstances, or
with respect to the exclusion of a particular advertisement, or its exclusion in particular circumstances.
The Commission may give directions to persons holding any class of licences with respect to the times when advertisements are to be allowed.
Directions under this section may be, to any degree, either general or specific and qualified or unqualified; and directions under subsection (7) may, in particular, relate to— and may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.
the maximum amount of time to be given to advertisements in any hour or other period,
the minimum interval which must elapse between any two periods given over to advertisements and the number of such periods to be allowed in any programme or in any hour or day,
the exclusion of advertisements from a specified part of a licensed service,
The Commission shall— take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this subsection.
in drawing up or revising the code, or
in giving any directions under subsection (7),
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If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require the Commission to direct the holders of any licences specified in the notice to publish in their licensed services, at such times as may be specified in the notice, such announcement as is so specified, with or without visual images of any picture, scene or object mentioned in the announcement; and it shall be the duty of the Commission to comply with the notice.
Where the holder of a licence publishes any announcement in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.
The Secretary of State may at any time by notice require the Commission to direct the holders of any licences specified in the notice to refrain from including in the programmes included in their licensed services any matter or classes of matter specified in the notice; and it shall be the duty of the Commission to comply with the notice.
Where the Commission— or where such a notice has expired, the holder of the licence in question may publish in the licensed service an announcement of the giving or revocation of the direction or of the expiration of the notice, as the case may be.
have given the holder of any licence a direction in accordance with a notice under subsection (3), or
in consequence of the revocation by the Secretary of State of such a notice, have revoked such a direction,
The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.
In relation to any licensed service provided from a place in Northern Ireland, the reference in subsection (1) to a Minister of the Crown includes a reference to the head of any Northern Ireland department.
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For the purpose of maintaining supervision over the programmes included in licensed services the Commission may make and use recordings of those programmes or any part of them.
A licence shall include conditions requiring the licence holder—
to retain, for a period not exceeding 90 days, a recording of every programme included in the licensed service;
at the request of the Commission, to produce to them any such recording for examination or reproduction;
at the request of the Commission, to produce to them any script or transcript of a programme included in the licensed service which he is able to produce to them.
Nothing in this Part shall be construed as requiring the Commission, in the discharge of their duties under this Part as respects licensed services and the programmes included in them, to view such programmes in advance of their being included in such services.
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The Commission shall make arrangements—
for ascertaining—
the state of public opinion concerning programmes included in licensed services, and
any effects of such programmes on the attitudes or behaviour of persons who watch them; and
for the purpose of assisting them to perform their functions under Chapter II in connection with the programmes to be included in the various services licensed thereunder, for ascertaining the types of programme that members of the public would like to be included in licensed services.
Those arrangements shall—
secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Commission; and
include provision for full consideration by the Commission of the results of any such research.
Subject to subsection (2), any person who provides any relevant regulated television service without being authorised to do so by or under a licence under this Part or Part I of the Broadcasting Act 1996 shall be guilty of an offence.
The Secretary of State may, after consultation with OFCOM , by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.
In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
No proceedings in respect of an offence under this section shall be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Without prejudice to subsection (3), compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
OFCOM shall do all that they can to secure the provision, in accordance with this Chapter, of a nationwide system of television broadcasting services to be known as Channel 3.
Subject to subsection (5), Channel 3 shall be structured on a regional basis, with each of the services comprised within it (“Channel 3 services”) being provided for such area in the United Kingdom as OFCOM may determine in the case of that service.
If it appears to OFCOM that it would be appropriate for a particular Channel 3 service to do so, they may determine that the service shall include the provision of different programmes— as they may determine.
for such different parts of the area for which it is provided, or
for such different communities living within that area,
If OFCOM so determine in the case of a particular Channel 3 service, that service shall be provided for a particular area only between such times of the day or on such days of the week (or both) as OFCOM may determine.
If OFCOM so determine, a Channel 3 service may be provided for two or more areas for which regional Channel 3 services are provided, but any such service may only be so provided between particular times of the day.
In this Part—
“local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.
“national Channel 3 service” means a Channel 3 service provided as mentioned in subsection (5).
the following paragraph shall be substituted for paragraph (c) of subsection (1)—;
the following subsection shall be substituted for subsection (2)—;
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In this section and section 15 “programme” does not include an advertisement.
The areas mentioned in subsection (2) must at all times include at least one area that comprises, or falls entirely within, Scotland.
Where OFCOM propose to grant a licence to provide a Channel 3 service they shall publish, in such manner as they consider appropriate, a notice—
stating that they propose to grant such a licence;
specifying—
if the service is to be a regional Channel 3 service, the area in the United Kingdom for which the service is to be provided,
if the service is to include the provision of such programmes as are mentioned in section 14(3), the different parts of that area, or (as the case may be) the different communities living within it, for which such programmes are to be provided,
if the service is to be provided as mentioned in section 14(4), the times of the day or the days of the week (or both) between or on which it is to be provided, and
if the service is to be a national Channel 3 service, the areas in the United Kingdom for which it is to be provided and the times of the day between which it is to be provided;
inviting applications for the licence and specifying the closing date for such applications; and
specifying—
the fee payable on any application made in pursuance of the notice, and
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 19(1)(c) if he were granted the licence.
OFCOM shall, when publishing a notice under subsection (1), publish with the notice general guidance to applicants for the licence in question which contains examples of the kinds of programme whose inclusion in the service proposed by any such applicant under subsection (3)(b) would be likely to result in a finding by OFCOM that the service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to— .
the public service remit for that service,
programming quotas,
news and current affairs programmes, and
programme production and regional programming.
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
the fee specified in the notice under subsection (1)(d)(i);
the applicant’s proposals for providing a service that would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
the public service remit for that service,
programming quotas,
news and current affairs programmes, and
programme production and regional programming
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of offices and studios situated within the area for which that service would be provided, and
of the services of persons employed (whether by him or by any other person) within that area;
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the applicant’s cash bid in respect of the licence;
such information as OFCOM may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force; and
such other information as OFCOM may reasonably require for the purpose of considering the application.
At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under any of paragraphs (b), (g) and (h) of subsection (3).
Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
the following matters, namely—
the name of every person who has made an application to them in pursuance of the notice,
the proposals submitted by him under subsection (3)(b), and
such other information connected with his application as OFCOM consider appropriate; and
a notice—
inviting representations to be made to them with respect to any matters published by them in accordance with paragraph (a) (ii) and (iii) above, and
specifying the manner in which, and the time by which, any such representations are to be so made.
In this Part “cash bid”, in relation to a licence, means an offer to pay to OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).
For the purposes of subsection (1)(d)(ii)—
different percentages may be specified for different accounting periods; and
the percentages that may be specified for an accounting period include a nil percentage.
Where a person has made an application for a Channel 3 licence in accordance with section 15, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 17 unless it appears to them— and any reference to an applicant in section 17 (except in section 17(12)(b)) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.
that his proposed service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
that he would be able to maintain that service throughout the period for which the licence would be in force,
the public service remit for that service,
programming quotas,
news and current affairs programmes, and
programme production and regional programming, and
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that a sufficient amount of time is given in the programmes included in the service to news programmes and current affairs programmes which (in each case) are of high quality and deal with both national and international matters, and that such news programmes are broadcast at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;
that a sufficient amount of time is given in the programmes included in the service to programmes (other than news and current affairs programmes) which are of high quality;
that a sufficient amount of time is given in the programmes so included— and that any news programmes so included in accordance with sub-paragraph (i) or (ii) are of high quality;
to a suitable range of regional programmes, that is to say, programmes (including news programmes) which are of particular interest to persons living within the area for which the service is provided, and
if the service is to include the provision of such programmes as are mentioned in section 14(3), to a suitable range of programmes for each of the different parts of that area or (as the case may be) for each of the different communities living within it, being in each case a range of programmes (including news programmes) which are of particular interest to persons living within the relevant part of that area or (as the case may be) the relevant community,
that a suitable proportion of the regional programmes included in the service in accordance with paragraph (c) are made within the area for which it is to be provided;
that a sufficient amount of time is given in the programmes included in the service to religious programmes and programmes intended for children;
that (taken as a whole) the programmes so included are calculated to appeal to a wide variety of tastes and interests;
that a proper proportion of the matter included in those programmes is of European origin; and
that in each year not less than 25 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes in the service is allocated to the broadcasting of a range and diversity of independent productions.
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In deciding whether an applicant’s proposed service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to— OFCOM shall take into account any representations made to them in pursuance of section 15(6)(b) with respect to that service; ....
the public service remit for that service,
programming quotas,
news and current affairs programmes, and
programme production and regional programming,
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“qualifying programmes” and “independent productions” mean, in each case, programmes of such description as the Secretary of State may by order specify for the purpose; and
the reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.
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Subject to the following provisions of this section, OFCOM shall, after considering all the cash bids submitted by the applicants for a Channel 3 licence, award the licence to the applicant who submitted the highest bid.
Where two or more applicants for a particular licence have submitted cash bids specifying an identical amount which is higher than the amount of any other cash bid submitted in respect of the licence, then (unless they propose to exercise their power under subsection (3) in relation to the licence) OFCOM shall invite those applicants to submit further cash bids in respect of that licence; and, in relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference in this Part to his cash bid is a reference to that further bid.
OFCOM may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant.
Without prejudice to the generality of subsection (3), OFCOM may regard the following circumstances as exceptional circumstances which make it appropriate to award the licence to an applicant who has not submitted the highest bid, namely where it appears to OFCOM —
that the quality of the service proposed by such an applicant is exceptionally high; and
that the quality of that proposed service is substantially higher than the quality of the service proposed— and where it appears to OFCOM , in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of subsection (3), those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.
by the applicant who has submitted the highest bid, or
in a case falling within subsection (2), by each of the applicants who have submitted equal highest bids;
If it appears to OFCOM , in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—
they shall refer his application to the Secretary of State, together with—
a copy of all documents submitted to them by the applicant, and
a summary of their deliberations on the application; and
they shall not award the licence to him unless the Secretary of State has given his approval.
On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.
In subsections (5) and (6) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—
paying any amounts payable by him by virtue of section 19(1), or
otherwise financing the provision of his proposed service.
In a case where any requirement such as is mentioned in section 5(1)(b) operates to preclude OFCOM from awarding a licence to the applicant to whom (apart from any such requirement) they would have awarded it in accordance with the preceding provisions of this section, they shall award the licence in accordance with rules made by them for regulating the awarding of licences in such cases; and any such rules may provide for the awarding of licences by reference to orders of preference notified to OFCOM by applicants at the time of making their applications.
Any such rules shall be published by OFCOM in such manner as they consider appropriate, but shall not come into force unless they have been approved by the Secretary of State.
Where OFCOM are, by virtue of subsection (5), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (14)) have effect as if that person had not made an application for the licence.
Where OFCOM have awarded a Channel 3 licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
publish the matters specified in subsection (12) in such manner as they consider appropriate; and
grant the licence to that person.
The matters referred to in subsection (11)(a) are—
the name of the person to whom the licence has been awarded and the amount of his cash bid;
the name of every other applicant in whose case it appeared to OFCOM that his proposed service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
the public service remit for that service,
programming quotas,
news and current affairs programmes, and
programme production and regional programming;
where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, OFCOM ’s reasons for the licence having been so awarded; and
such other information as OFCOM consider appropriate.
In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (12) shall have effect as if—
paragraph (b) were omitted; and
the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.
Subsections (1) to (9) shall not have effect as mentioned in subsection (10) if OFCOM decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if OFCOM decide that it would be desirable to publish a further notice under this Part in respect of the grant of a further licence to provide the service in question.
“on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in Part 4A of that Act (see section 368A).
that person indicates to OFCOM that he does not intend to provide the service in question, or
OFCOM for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,
they shall, as soon as reasonably practicable after giving their approval or (as the case may be) that notification—
OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and
OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and
section 100 shall (subject to section 100(11)) have effect as if he had not made an application for the licence.
section 17 shall (subject to section 17(14)) have effect as if he had not made an application for the licence.
Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless OFCOM have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
Where OFCOM revoke a Channel 3 licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, a specified financial penalty.
In subsection (3) “the prescribed amount” means—
where— 7 per cent. of the amount which the Commission estimate would have been the qualifying revenue for that accounting period (as determined in accordance with section 19(2) to (6)); and
the licence is revoked under this section, or
the first complete accounting period of the licence holder falling within the period for which the licence is in force has not yet ended,
in any other case, 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder so falling (as so determined).
The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).
Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 68(5), be recoverable by OFCOM as a debt due to them from any person who controls that body.
In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—
£500,000; and
7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.
In any other case, the maximum penalty is whichever is the greater of—
£500,000; and
7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.
Section 18A applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.
OFCOM may, when awarding a Channel 3 licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to—
any duties which are or may be imposed on them, or on the licence holder, by or under this Act, and
any information provided to them under section 15(3)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.
Where OFCOM determine that any condition imposed by them in relation to a Channel 3 licence in pursuance of subsection (1) has not been satisfied, section 17 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.
Section 17 shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.
A Channel 3 licence shall include conditions requiring the licence holder to pay to OFCOM (in addition to any fees required to be so paid by virtue of section 4(1)(b))—
in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 15(1)(d)(ii).
For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—
in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or
in respect of charges made in that period for the reception of programmes included in that service.
If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2)(a), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.
In the case of an advertisement included under arrangements made between— the amount of any receipt by the licence holder or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (5), be the amount of the payment by the advertiser after the deduction of OFCOM .
the licence holder or any connected person, and
a person acting as an advertising agent,
If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.
If, in any accounting period of the licence holder, the licence holder or any connected person derives, in relation to any programme to be included in the licensed service, any financial benefit (whether direct or indirect) from payments made by any person, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the qualifying revenue for that accounting period shall be taken for the purposes of subsection (1)(c) to include the amount of the financial benefit so derived by the licence holder or the connected person, as the case may be.
A Channel 3 licence may include conditions—
enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
Such a licence may in particular include conditions—
authorising OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
providing for the adjustment of any overpayment or underpayment.
Where— any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
the last complete accounting period of his falling within the licence period does not end at the same time as that period,
In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between— and for this purpose “the retail prices index” means the general index of prices (for all items) published by the Statistics Board.
the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and
the retail prices index for the month of November in the year preceding the relevant year;
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A Channel 3 licence shall (subject to the provisions of this Part) continue in force for a period of ten years, and may (subject to the following provisions of this section) be renewed on one or more occasions for a period of ten years beginning with the date of renewal.
An application for the renewal of a Channel 3 licence under subsection (1) may be made by the licence holder not earlier than four years before the date on which it would otherwise cease to be in force and not later than the relevant date.
Where any such application is made before the relevant date, the Commission may postpone the consideration of it by them for as long as they think appropriate having regard to subsection (8).
Where an application for the renewal of a Channel 3 licence has been duly made to the Commission, they may only (subject to subsection (5)) refuse the application if—
they are not satisfied that the applicant would, if his licence were renewed, provide a service which complied—
with the conditions included in the licence in pursuance of subsection (1) of section 33 (whether as originally imposed or as varied under subsection (3) of that section), and
with the requirements specified in section 16(2) or (3) (as the case may be); or
they propose to grant a fresh Channel 3 licence for the provision of a service which would differ from that provided by the applicant under his licence as respects either— or both.
the area for which it would be provided, or
the times of the day or days of the week between or on which it would be provided,
Section 17(5) to (7) shall apply in relation to an applicant for the renewal of a Channel 3 licence as those provisions apply in relation to such an applicant as is mentioned in section 17(5), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section.
On the grant of any such application the Commission—
shall determine an amount which is to be payable to the Commission by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and
may specify a different percentage from that specified under section 15(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 19(1)(c) during the period for which the licence is to be renewed.
The amount determined by the Commission under subsection (6)(a) in connection with the renewal of a licence shall be such amount as would, in their opinion, be payable to them by virtue of section 19(1)(a) if they were granting a fresh licence to provide the Channel 3 service in question.
Where the Commission have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable, as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
the amount determined by them under subsection (6)(a), and
any percentage specified by them under subsection (6)(b),
Where a Channel 3 licence has been renewed under this section—
any conditions included in it in pursuance of section 19 shall have effect during the period for which the licence has been renewed—
as if the amount determined by the Commission under subsection (6)(a) above were an amount specified in a cash bid submitted by the licence holder, and
subject to any determination made under subsection (6)(b) above;
(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a Channel 3 licence is originally in force; and
the reference in section 42(4) to the end of the period for which a Channel 3 licence is to continue in force shall, in relation to the licence, be construed as a reference to the end of the period for which it has been renewed.
In this section “the relevant date”, in relation to a Channel 3 licence, means the date which the Commission determine to be that by which they would need to publish a notice under section 15(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the Channel 3 service formerly provided under that licence.
For the purposes of section 18(3B) or (3C), the qualifying revenue for an accounting period of a holder of a Channel 3 licence is the aggregate of—
the qualifying revenue for that accounting period of the licence holder which derives from that licensed service, and
the qualifying revenue for that accounting period of the licence holder which derives from any on-demand programme service, non-UK on-demand programme service or television programme service that is—
provided by the licence holder or a person associated with the licence holder, and
included in an internet programme service that is designated under section 362AA(2) of the Communications Act 2003 as a service provided by the licence holder or as a service provided by a person associated with the licence holder.
Section 19(2) to (6) applies for determining the qualifying revenue referred to in subsection (1)(a).
Section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from an on-demand programme service or a non-UK on-demand programme service.
Section 19(2) and (4) to (6) applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from a television programme service as if—
in section 19(2) and (6), references to a Channel 3 service were references to the television programme service,
in section 19(2), (4) and (6), references to the holder of a Channel 3 licence were references to the provider of the television programme service, and
in section 19(2) and (6), the words “of the licence holder” were omitted.
Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of this section as it applies for the purposes of Part 3A of that Act.
For the purposes of this section—
the person who provides an internet programme service is the person treated for the purposes of Part 3A of the Communications Act 2003 as providing that service (see section 362AZ12 of that Act), and
the person who provides an on-demand programme service or a non-UK on-demand programme service is the person treated for the purposes of Part 4A of that Act as providing that service (see section 368R of that Act).
In this section—
Where— then (subject to subsection (4)) OFCOM may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.
any change in the persons having control over— takes place within the relevant period, and
a body to which a Channel 3 licence has been awarded or transferred in accordance with this Part of this Act, or
an associated programme provider,
that change takes place without having been previously approved for the purposes of this section by OFCOM ,
In subsection (1)— and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as if a body to which a Channel 3 licence has been awarded but not yet granted were the holder of such a licence.
has been renewed under section 103B or 104AA.
OFCOM shall refuse to approve for the purposes of this section such a change as is mentioned in subsection (1)(a)— and OFCOM may refuse so to approve any such change if, in any circumstances not falling within paragraph (a) or (b) above, they consider it appropriate to do so.
if it appears to them that the change would be prejudicial to the provision under the licence, by the body referred to in subsection (1)(a)(i), of a service which accords with the proposals submitted under section 15(3)(b) by that body (or, as the case may be, by the person to whom the licence was originally awarded), or
it appears to them that the change would be prejudicial to the provision of Channel 3 as such a nationwide system of services as is mentioned in section 14(1);
OFCOM shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.
Where under subsection (1) OFCOM refuse to grant a licence to any body, section 17 shall (subject to section 17(14)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 42 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.
Where it appears to OFCOM — OFCOM may invite the holder of that licence temporarily to provide his licensed service for that additional area.
that (whether as a result of the revocation of an existing regional Channel 3 licence or for any other reason) there will be, in the case of a particular area determined under section 14(2), a temporary lack of any regional Channel 3 service licensed to be provided for that area, but
that it would be reasonably practicable for the holder of a licence to provide a regional Channel 3 service for any other such area to provide his licensed service for the area referred to in paragraph (a) as well,
If the holder of that licence agrees so to provide his licensed service, OFCOM shall authorise the provision of that service for the additional area in question, during such period as they may determine, by means of a variation of the licence to that effect.
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There shall be a corporation to be called the Channel Four Television Corporation (in this Part referred to as “the Corporation”).
The Corporation shall consist of—
a chairman and a deputy chairman appointed by OFCOM ; and
such number of other members, not being less than eleven nor more than thirteen, as OFCOM may from time to time determine.
The other members referred to in subsection (2)(b) shall consist of— and the total number of members appointed by OFCOM under subsection (2)(a) and paragraph (a) above shall exceed the number of ex-officio members.
persons appointed by OFCOM ; and
ex-officio members of the Corporation;
Any appointment made by OFCOM under subsection (2)(a) or (3)(a) shall require the approval of the Secretary of State.
For the purposes of subsection (3) the following persons shall be ex-officio members of the Corporation, namely—
the chief executive of the Corporation; and
such other employees of the Corporation as may for the time being be nominated by the chief executive and the chairman of the Corporation acting jointly.
Schedule 3 to this Act shall have effect with respect to the Corporation.
The Corporation must secure the continued provision (subject to and in accordance with the provisions of this Part) of the television broadcasting service known as Channel 4.
All the shares in the body corporate referred to in section 12(2) of the 1981 Act (activities to be carried on by subsidiary of Independent Broadcasting Authority) shall vest in the Corporation on 1st January 1993.
Channel 4 shall be provided by the Corporation under a licence granted to them by OFCOM, and shall be so provided for so much of the United Kingdom as may from time to time be reasonably practicable.
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The Corporation must carry on their activities in the way that they have reasonable grounds to consider would be most likely to enable the Corporation, over the long term—
to maintain or increase the amount of activity that is done in pursuance of their primary functions, and
to be securely in a position to meet costs incurred in the carrying out of their primary functions.
In this section, “primary functions” has the same meaning as in section 199(1) of the Communications Act 2003.
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The licence granted to the Corporation in pursuance of section 24(3) shall include such conditions as appear to the Commission to be appropriate for securing not only that Channel 4 complies with the requirements specified in subsection (2) but also— and generally that Channel 4 is given a distinctive character of its own.
that Channel 4 programmes contain a suitable proportion of matter calculated to appeal to tastes and interests not generally catered for by Channel 3, and
that innovation and experiment in the form and content of those programmes are encouraged,
The requirements referred to in subsection (1) are—
that Channel 4 is provided as a public service for disseminating information, education and entertainment;
that Channel 4 programmes maintain—
a high general standard in all respects (and, in particular, in respect of their content and quality), and
a wide range in their subject matter, having regard both to the programmes as a whole and also to the days of the week on which, and the times of the day at which, the programmes are broadcast;
(without prejudice to so much of paragraph (a) as relates to the dissemination of education) that a suitable proportion of Channel 4 programmes are of an educational nature;
that a sufficient amount of time is given in Channel 4 programmes to news programmes and current affairs programmes which are of high quality;
that a proper proportion of the matter included in Channel 4 programmes is of European origin; and
that in each year not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes on Channel 4 is allocated to the broadcasting of a range and diversity of independent productions.
In applying subsection (2)(e) the Commission shall have regard to such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this subsection.
In subsection (2)(f)—
“qualifying programmes” and “independent productions” have the same meaning as in section 16(2)(h), and “the prescribed percentage” means the percentage for the time being specified in section 16(2)(h); and
the reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.
The licence referred to in subsection (1) shall also include conditions requiring the Corporation not to be involved in the making of programmes to be broadcast on Channel 4 except to such extent as the Commission may allow.
In this section “programme” does not include an advertisement.
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The Commission shall, before the beginning of the year 1993 and each subsequent year— and the Commission may, on one or more occasions, revise any estimate made by them under this subsection.
estimate the amount of the Corporation’s qualifying revenue for that year;
estimate the amount of the total television revenues for that year; and
estimate the Corporation’s prescribed minimum income for that year;
For the purposes of this section—
the Corporation’s prescribed minimum income for any year shall be 14 per cent. of the total television revenues for that year; and
“total television revenues” means, in relation to any year, the aggregate of the qualifying revenues for that year of the following, namely—
all holders of Channel 3 or Channel 5 licences;
the Welsh Authority; and
the Corporation itself.
If, in the case of any year, the aggregate of the following amounts, namely— is less than the amount of the Corporation’s prescribed minimum income for that year as estimated by the Commission under subsection (1), then (subject to subsection (4)) the amount of the difference shall be raised by the Commission by means of a levy imposed on all persons who are for the time being holders of Channel 3 licences.
the amount of the Corporation’s qualifying revenue for that year as estimated by the Commission under subsection (1), and
any amount which, at the beginning of that year, is for the time being standing to the credit of any such reserve fund as is mentioned in section 27(3),
The aggregate amount payable by virtue of any levy under subsection (3) shall not exceed 2 per cent. of the amount estimated by the Commission for the year in question under subsection (1)(b); and the amount to be paid by each of the persons subject to the levy shall be such proportion of that aggregate amount as is determined by the Commission in relation to him (and different proportions may be so determined in relation to different persons).
Every Channel 3 licence shall include conditions—
requiring the holder of the licence to pay to the Commission, by monthly instalments, any amount which he is liable to pay by virtue of subsections (3) and (4);
authorising the Commission to adjust the instalments payable by the holder of the licence to take account of any revised estimate made by them under subsection (1); and
providing for the adjustment of any overpayment or underpayment.
Any amount received by the Commission by virtue of subsection (5)(a) shall be transmitted by them to the Corporation.
Where, in respect of any year— the Commission shall notify the Corporation of that fact; and the Corporation shall, as soon as reasonably practicable after receiving such a notification, repay to the Commission the amount of that excess.
the Commission have imposed a levy under subsection (3), and
the aggregate amount transmitted by them to the Corporation under subsection (6) exceeds the relevant amount,
In subsection (7) “the relevant amount” means the amount by which the aggregate of the following amounts, namely— is less than the Corporation’s prescribed minimum income for that year.
the Corporation’s qualifying revenue for the year in question, and
any such amount as is mentioned in subsection (3)(b),
Section 19(2) to (6) shall have effect, with any necessary modifications, for the purpose of enabling the Commission to estimate or determine a person’s qualifying revenue for any year for the purposes of this section.
The Secretary of State may by order amend subsection (2) or (4) above by substituting a different percentage for the percentage for the time being specified there; but no such order may be made before the end of the year 1997.
An order shall not be made under subsection (10) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
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Where the qualifying revenue of the Corporation for any year exceeds the Corporation’s prescribed minimum income for that year, the Corporation shall—
pay one half of the excess to the Commission; and
apply the other half in accordance with subsection (3).
Where the Commission receive any amount under subsection (1)(a) in respect of any year, they shall distribute that amount (“the relevant amount”) between the holders of Channel 3 licences in such a way that each of them receives such proportion of the relevant amount as corresponds to the proportion of the aggregate amount referred to in subsection (4) of section 26 which he would, in the opinion of the Commission, have been required to pay if a levy had been imposed for that year under subsection (3) of that section.
Where subsection (1)(b) has effect in relation to any amount— and (subject to the following provisions of this section) the management and application of that fund shall be as the Corporation may determine.
half of that amount shall be carried by the Corporation to the credit of a reserve fund established by them under this subsection, and
the other half may be applied by the Corporation towards meeting current expenditure incurred by them in connection with the provision of Channel 4, but to the extent that it is not so applied shall be carried to the credit of that fund;
Subject to subsection (5), no part of that fund shall be applied otherwise than for the purposes of Channel 4; and no direction may be given by the Secretary of State under that subsection with respect to the application of any amount for the time being standing to the credit of that fund which has been taken into account by the Commission for the purposes of section 26(3)(b) or (8)(b).
The Secretary of State may, with the approval of the Treasury, give to the Corporation such directions as he thinks fit with respect to the management and application of that fund (including directions requiring the whole or part of it to be paid into the Consolidated Fund); and the Corporation shall comply with any such directions.
In subsection (1) above the reference to the Corporation’s prescribed minimum income for any year shall be construed in accordance with section 26(2); and subsections (2) to (6) of section 19 shall have effect for determining the Corporation’s qualifying revenue for any year for the purposes of subsection (1) above as they have effect for determining a person’s qualifying revenue for any accounting period of his for the purposes of subsection (1)(c) of that section.
OFCOM shall do all that they can to secure the provision of a television broadcasting service for any such minimum area of the United Kingdom as may be determined by them in accordance with subsection (2); and any such service shall be known as Channel 5.
In determining the minimum area of the United Kingdom for which Channel 5 is to be provided OFCOM shall have regard to the following consideration, namely that the service should, so far as is reasonably practicable, make the most effective use of the frequencies on which it is to be provided.
If OFCOM so determine, Channel 5 shall be provided under a particular licence only between such times of the day or on such days of the week (or both) as they may determine.
Where OFCOM have granted a licence to provide Channel 5, they may, if it appears to them to be appropriate to do so in view of any lack of facilities available for transmitting the service, dispense with any requirement to provide the service for such part of the area referred to in subsection (2) as they may determine; and any such dispensation shall have effect for such period as they may determine.
Subject to subsections (2) and (3), sections 15 to 21 shall apply in relation to a Channel 5 licence as they apply in relation to a regional Channel 3 licence.
In its application in relation to a Channel 5 licence—
section 15(1)(b)(i) shall be read as referring to any such minimum area of the United Kingdom as is determined by OFCOM in accordance with section 28(2); ...
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A Channel 5 licence which is in force at the commencement of the provision of Channel 5 shall include conditions—
requiring the holder of the licence to make arrangements for any relevant equipment to be retuned or otherwise modified— so far as is necessary to prevent the equipment from suffering interference caused by the transmission of Channel 5;
at the request of the person by whom the equipment is kept (being a request made before such date as is specified in the conditions), and
without charge to that person,
requiring all work falling to be carried out under the arrangements—
to be carried out in a proper manner, and
to be completed within such period as is specified in the conditions; and
enabling the Commission to determine whether work carried out under the arrangements is carried out in a proper manner.
Any such Channel 5 licence shall also include conditions requiring the holder of the licence to publicise, in such manner as may be approved by the Commission, information with respect to—
the likelihood of different kinds of equipment suffering interference caused by the transmission of Channel 5;
the arrangements which the holder of the licence is required to make by virtue of conditions imposed in pursuance of subsection (1); and
the kinds of equipment in relation to which those arrangements are to be so made.
The holder of a Channel 5 licence shall not be required, by virtue of conditions imposed in pursuance of subsection (1), to make any such arrangements as are mentioned in that subsection in relation to any relevant equipment— and, where any relevant equipment has been retuned or otherwise modified in accordance with any such conditions, the holder of such a licence shall not be required by virtue of any such conditions to make arrangements on any subsequent occasion for the retuning or other modification of that equipment.
unless the equipment—
is, on the date of the making of such a request as is referred to in paragraph (a)(i) of that subsection, kept by the person in question wholly or mainly for domestic purposes, and
was so kept by that person on the commencement date (if that date occurred before the date mentioned in sub-paragraph (i) above); or
if the equipment would not be liable to suffer interference caused by the transmission of Channel 5 but for the installation at the place where the equipment is kept of any apparatus for enabling that service to be received there;
Any dispute as to when the commencement date occurred in the case of any relevant equipment shall be determined by the Commission.
Where— the holders of the licences shall each comply with those conditions to such extent as the Commission may determine in relation to him.
in accordance with section 28(3), more than one Channel 5 licence is in force at the same time, and
each of the licences includes such conditions as are mentioned in subsections (1) and (2),
Where the holder of a Channel 5 licence is required, by virtue of conditions imposed in pursuance of subsection (1), to make any such arrangements as are mentioned in that subsection in relation to any relevant equipment, those conditions shall be taken as requiring him in addition to make arrangements for any television set connected to that equipment to be retuned— so far as is necessary to enable it to be used in conjunction with the equipment (as retuned or otherwise modified); and subsections (1)(b) and (c) and (2)(b) shall have effect in relation to those arrangements as they have effect in relation to any such arrangements as are mentioned in subsection (1)(a).
at the request of the person by whom the equipment is kept, and
without charge to that person,
In this section—
“the commencement date”, in relation to any relevant equipment, means the date when Channel 5 began to be provided for reception in an area which includes the place where the equipment is kept on the date of the making of such a request as is referred to in subsection (1)(a)(i); and
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A Channel 3 or Channel 5 licence shall include conditions requiring the licence holder—
to broadcast in the licensed service news programmes of high quality dealing with national and international matters; and
to broadcast such programmes in that service at intervals throughout the period for which the service is provided, and in particular (except in the case of a national Channel 3 licence) at peak viewing times.
A regional Channel 3 licence shall, in addition, include conditions requiring the news programmes broadcast by the licence holder in compliance with conditions imposed in pursuance of subsection (1) to be programmes provided by a nominated news provider which are—
presented live, and
broadcast simultaneously with the broadcasts of news programmes provided by the same nominated news provider which are made by other holders of regional Channel 3 licences in compliance with conditions so imposed.
In subsection (2) “nominated news provider” means a body corporate for the time being nominated for the purposes of that subsection under section 32.
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With a view to enabling them to nominate bodies corporate as nominated news providers for the purposes of section 31(2), the Commission shall invite bodies corporate appearing to them to be qualified for nomination to make applications to be so nominated; and any such invitations shall be issued at a time that is, in their opinion, appropriate for securing that at least one such body is so nominated by the time the first notice is published by them under section 15(1).
Where a body corporate— the Commission shall so nominate that body unless they are satisfied that to do so would be likely, in view of the number of bodies already so nominated, to be prejudicial to the provision of high quality news programmes for broadcasting in regional Channel 3 services (taken as a whole).
applies to the Commission (whether in pursuance of any such invitation or not) to be nominated under this section as a nominated news provider, and
appears to the Commission to be qualified for nomination,
Subject to subsections (4) and (5), any nomination made by the Commission under this section shall remain in force for a period of ten years, and at the end of that period may be renewed by the Commission for a further period of ten years.
Where the Commission have refused to nominate a body corporate under this section on the ground that they are satisfied as mentioned in subsection (2), the Commission shall from time to time thereafter, at such intervals as they may determine, review the performance as nominated news providers of all of the bodies for the time being nominated under this section; and if on any such review they are satisfied, in the case of such body so nominated as they may determine, that another body corporate which— would offer a better service than the first-mentioned body as respects the provision of high quality news programmes for broadcasting in regional Channel 3 services, they shall (subject to subsection (6)) by notice terminate that body’s nomination, and shall nominate the other body under this section in its place.
is not a nominated news provider, but
appears to them to be qualified for nomination,
If at any time the Commission— they shall (subject to subsection (6)) by notice terminate that body’s nomination.
are for any reason dissatisfied in the case of any nominated news provider with the performance of that body as a nominated news provider, and
are satisfied that to terminate that body’s nomination would not be prejudicial to the provision of high quality news programmes for broadcasting in regional Channel 3 services (taken as a whole),
The Commission shall not terminate a body’s nomination under subsection (4) unless they have given the body a reasonable opportunity of making representations to them about the proposed termination of its nomination; and they shall not terminate a body’s nomination under subsection (5) unless they have given the body a reasonable opportunity of making representations to them about the matters complained of.
Before nominating, or terminating the nomination of, any body under this section the Commission shall consult every person who is the holder of a licence to provide a regional Channel 3 service.
Any instrument by which a body is nominated under this section shall include conditions— and any such instrument may provide for any of those limits to apply only after the expiry of a specified period.
imposing limits on the extent to which persons of any specified class or description may be participants in the nominated news provider;
requiring that body to provide the Commission with such information as they may reasonably require for the purpose of determining whether any of those limits has been exceeded; and
enabling the Commission to terminate that body’s nomination if satisfied that any of those limits has been exceeded;
The limits imposed in pursuance of subsection (8) shall secure—
that no person is a participant with more than a 20 per cent. interest in the nominated news provider; and
that any participants in the nominated news provider who are holders of licences to provide regional Channel 3 services, when taken together—
hold or are beneficially entitled to less than 50 per cent. of the shares in that body; and
possess less than 50 per cent. of the voting power in it.
Any limit imposed in accordance with subsection (9)(a) shall have effect in relation to a particular participant as if he and every person connected with him were one person; and for this purpose the following persons shall be treated as connected with a particular participant, namely—
a person who controls the participant;
an associate of the participant or of a person falling within paragraph (a); and
a body which is controlled by the participant or by any associate of the participant.
Subject to the provisions of subsections (9) and (10), the limits imposed in pursuance of subsection (8) shall be such as the Commission may determine.
A body corporate shall be disqualified for being nominated under this section if, by virtue of any provision in Part II of Schedule 2 to this Act, it would be a disqualified person in relation to any description of licence granted by the Commission; and any reference in this section to a body corporate appearing to the Commission to be qualified for nomination is a reference to a body corporate appearing to them to be both—
effectively equipped and adequately financed to provide high quality news programmes for broadcasting in regional Channel 3 services; and
not disqualified for being nominated under this section by virtue of this subsection.
In this section— and subsections (8) to (10) shall be construed in accordance with Part I of Schedule 2 to this Act.
references to a nominated news provider are references to a body corporate for the time being nominated under this section; and
references to nomination under this section are references to nomination under this section for the purposes of section 31(2);
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Any Channel 3 or Channel 5 licence shall include such conditions as appear to the Commission to be appropriate for securing—
that the service provided under the licence accords with the proposals submitted by the licence holder under subsection (3)(b) of section 15; and
the implementation of the proposals submitted by him under subsection (3)(c) and (d), or (as the case may) subsection (3)(c) to (e), of that section.
In subsection (1) the reference to section 15 is, in relation to a Channel 5 licence, a reference to that section as applied by section 29.
Any conditions imposed in pursuance of subsection (1) may be varied by the Commission with the consent of the licence holder (and section 3(4)(b) shall accordingly not apply to any such variation).
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The Commission shall do all that they can to secure that a suitable proportion of the programmes which are included in Channel 3 services and Channels 4 and 5 (taken as a whole) are schools programmes.
Accordingly, any Channel 3 licence or licence to provide Channel 4 or 5 may include—
conditions requiring the licence holder to produce, or finance the production of, schools programmes;
conditions requiring the licence holder to acquire schools programmes provided by other persons;
conditions requiring the licence holder to ensure that schools programmes included in the licensed service—
are of high quality, and
are suitable to meet the needs of schools in the area or areas in the United Kingdom for which the service is provided;
conditions specifying the minimum number of hours in term time or within normal school hours that are to be allocated to the broadcasting of schools programmes in the licensed service;
conditions requiring the licence holder to provide such material for use in connection with the schools programmes broadcast by him as may be necessary to secure that effective use is made of those programmes in schools; and
conditions requiring the licence holder from time to time to consult such bodies or other persons who are concerned with, or have an interest in, schools or the production of schools programmes as the Commission think fit.
In this section “schools programmes” means programmes which are intended for use in schools.
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A Channel 3 or Channel 5 licence shall include—
conditions—
specifying the relevant minimum number of hours in a week for the purposes of this section, and
requiring programmes with subtitling to be broadcast in the licensed service during not less than that number of hours in each week; and
conditions requiring the holder of the licence to attain such technical standards relating to the provision of subtitling as are specified in the conditions.
Subject to subsections (3) and (4), the relevant minimum number of hours in a week for the purposes of this section is—
in relation to Channel 3 services—
for the year which includes the commencement of this section, such number of hours in a week as the Commission shall determine in order to achieve an increase of at least ten per cent. over the average number of hours in a week during which programmes with subtitling were, during the year immediately preceding that year, broadcast on ITV (as defined by section 10(2) of the 1981 Act); and
for each successive year, such number of hours in a week as the Commission shall determine, being a number greater than that for the previous year; and
in relation to Channel 5—
for the year which includes the commencement of the provision of Channel 5, such number of hours in a week as the Commission shall determine in order to secure that the proportion of the programmes broadcast on Channel 5 in a week which is represented by programmes with subtitling is the same as that achieved in relation to Channel 3 services by virtue of paragraph (a)(i); and
for each successive year, such number of hours in a week as the Commission shall determine, being a number greater than that for the previous year.
The Commission shall make such determinations under subsection (2) as are appropriate to secure that, subject to subsection (4), the relevant minimum number of hours in a week for the purposes of this section represents—
in the case of Channel 3 services—
for the year 1998, 50 per cent. of the average number of hours in a week during which programmes were, during the year 1997, broadcast on Channel 3; and
for the year 1999 and each successive year, the greatest number of hours in a week that appears to the Commission to be reasonably practicable; and
in the case of Channel 5—
for the year which includes the fifth anniversary of the date of the commencement of the provision of Channel 5, 50 per cent. of the average number of hours in a week during which programmes were, during the year preceding that year, broadcast on Channel 5; and
for the year following that year and each successive year, the greatest number of hours in a week that appears to the Commission to be reasonably practicable.
In the case of— the relevant minimum number of hours in a week for the purposes of this section shall for any year be such number of hours in a week as the Commission shall determine, being such proportion of the number of hours in a week determined by the Commission for that year under subsection (2)(a) or (b) (as the case may be) as appears to them to be appropriate.
a Channel 3 service provided as mentioned in section 14(4) or (5), or
a Channel 5 service provided as mentioned in section 28(3),
As soon as the Commission have made any determination under this section (other than under subsection (2)(a)(i) or (b)(i))—
they shall notify the holder of every licence to which the determination relates of the determination; and
every such licence shall have effect as if for the number for the time being specified in the conditions included in the licence in pursuance of subsection (1)(a)(i) there were substituted the new number determined by the Commission.
Where any week falls— that week shall be treated for the purposes of this section as falling wholly within the earlier of those years.
partly within one year to which subsection (2)(a) or (b) applies, and
partly within another such year,
The holder of a Channel 3 or Channel 5 licence shall not impose charges for providing subtitling in respect of any programme broadcast in his licensed service.
In this section—
“the relevant date”, in relation to a national licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.
the Commission shall serve on him a notice revoking the licence as from the time the notice is served on him, and
this section shall have effect as if he had not made an application for the licence.
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Subject to subsection (2), any regional Channel 3 licence or licence to provide Channel 4 or 5 shall include—
conditions requiring the licence holder to include party political broadcasts in the licensed service; and
conditions requiring the licence holder to observe such rules with respect to party political broadcasts as the Commission may determine.
Where any determination under section 28(3) is in force, a licence to provide Channel 5 may (but need not) include any such conditions as are mentioned in subsection (1)(a) and (b).
Without prejudice to the generality of paragraph (b) of subsection (1), the Commission may determine for the purposes of that subsection—
the political parties on whose behalf party political broadcasts may be made; and
in relation to any political party on whose behalf such broadcasts may be made, the length and frequency of such broadcasts.
Any rules made by the Commission for the purposes of this section may make different provision for different cases or circumstances.
Any Channel 3 licence or licence to provide Channel 4 may include conditions requiring the licence holder to include in the licensed service such announcements concerning relevant programme schedules as OFCOM may determine.
In this section “relevant programme schedules” means—
in relation to a Channel 3 licence, programme schedules for programmes to be broadcast on Channel 4 and, where any part of the area for which the licensed service is to be provided is in Wales, programme schedules for programmes to be broadcast on S4C Digital; and
in relation to the licence to provide Channel 4, programme schedules for programmes to be included in any Channel 3 service.
Any Channel 3 licence or licence to provide Channel 4 or Channel 5 shall include conditions requiring the licence holder—
to make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups; and
to review those arrangements from time to time.
In subsection (1) “racial group” has the same meaning as in the Race Relations Act 1976.
This section has effect with respect to the making of arrangements which— being arrangements made for the purpose of enabling regional Channel 3 services (taken as a whole) to be a nationwide system of such services which is able to compete effectively with other television programme services provided in the United Kingdom; and any such arrangements are referred to in this section as “networking arrangements”.
apply to all the holders of regional Channel 3 licences, and
provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders of such licences to be available for broadcasting in all regional Channel 3 services,
Any application for a regional Channel 3 licence shall, in addition to being accompanied by any such proposals as are mentioned in section 15(3)(b) to (e), be accompanied by the applicant’s proposals for participating in networking arrangements made under this section; and—
where a person has duly made such an application, the Commission—
shall, as soon as reasonably practicable after the closing date for applications for the licence, send details of his proposals for participating in such arrangements to the the Office of Fair Trading, and
(without prejudice to the operation of section 16(1)) shall not proceed to consider whether to award him the licence as mentioned in that provision unless it appears to the Commission that any such proposals are satisfactory; and
section 33 shall apply to any such proposals as it applies to the proposals submitted by the applicant under section 15(3)(c) to (e).
The Commission may publish, in such manner as they consider appropriate, general guidance to applicants for a regional Channel 3 licence as to the kinds of proposals which they would consider satisfactory for the purposes of subsection (2)(a); but before doing so the Commission—
shall consult the Office of Fair Trading, and
if it requests them to make any change in the guidance, shall incorporate the change in the guidance.
Each regional Channel 3 licence shall include conditions requiring the licence holder to do all that he can to secure—
(in the case of a licence granted before the relevant date) that, by that date, networking arrangements have been made which—
have been entered into by all the holders of regional Channel 3 licences, and
have been approved by the Commission; and
(in any case) that, so long as he provides his licensed service, there are in force networking arrangements which have been so entered into and approved (unless there are for the time being in force any arrangements made by the Commission under subsection (5)).
“appropriate regulatory body”, in relation to a programme included in a licensed service, means the regulatory body by whom that service is licensed;
they shall notify all the holders of regional Channel 3 licences of those arrangements, and and each regional Channel 3 licence shall include conditions requiring the licence holder to give effect to any arrangements made by the Commission under this subsection as for the time being in force.
those arrangements shall (subject to subsection (6)) come into force on a date determined by the Commission;
that person indicates to OFCOM that he does not intend to provide the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A, or
OFCOM for any other reason have reasonable grounds for believing that that person will not provide the licensed national service or any such simulcast radio service once the licence has come into force,
the Commission may themselves draw up such networking arrangements as they consider appropriate; and, if they do so—
No arrangements made by the Commission under subsection (5) shall come into force at any time after 31st December 1994.
Where—
any such arrangements have come into force in accordance with subsection (6), but
any networking arrangements are subsequently— the arrangements referred to in paragraph (a) shall cease to have effect on the coming into force of the arrangements referred to in paragraph (b).
entered into by all the holders of regional Channel 3 licences, and
approved by the Commission,
Where any arrangements have been approved by the Commission under subsection (4) or (7)(b), no modification of those arrangements shall be made by the holders of regional Channel 3 licences unless it too has been so approved.
Where any arrangements have been made by the Commission under subsection (5), they may (whether before or after the date specified in subsection (6)) make such modification of those arrangements as they consider appropriate; and, if they do so—
they shall notify all the holders of regional Channel 3 licences of the modification, and
the modification shall come into force on a date determined by the Commission.
Without prejudice to the generality of their power to refuse to approve any arrangements or modification under subsection (4) or (8), the Commission shall refuse to do so if—
they are not satisfied that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be appropriate for the purpose mentioned in subsection (1), or
it appears to them that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be likely to prejudice the ability of the holder of any regional Channel 3 licence to comply with—
any condition imposed in pursuance of section 33(1), for the purpose of securing the implementation of proposals relating to the matters specified in section 16(2)(c), or
any condition imposed in pursuance of subsection (3) of section 21A in relation to the matters specified in paragraph (a) of that subsection.
The matters to which the Commission shall have regard in deciding whether to approve any arrangements or modification under subsection (4) or (8) include the likely effect of the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, on the ability of the holders of regional Channel 3 licences to maintain the quality and range—
of the regional programmes (as defined by section 21A(9)) included in each regional Channel 3 service, and
of the other programmes included in each service which contribute to the regional character of the service.
“the appropriate regulatory body”, in relation to a programme included in a licensed service, means the regulatory body by whom that service is licensed;
approved any arrangements or modification under subsection (4), (7)(b) or (8), or
“regional Channel 3 licence” has the same meaning as in Part I;
a television programme service (within the meaning of Part I of this Act), or
an independent radio service falling within paragraph (a) or (b) of section 84(1),
given with respect to any arrangements or modification the notification required by subsection (5)(i) or (9)(a),
The appropriate requirement referred to in paragraph (ii) of subsection (11) is— and Schedule 4 to this Act shall have effect with respect to any reference made under paragraph (a) above and matters arising out of any such reference, including the subsequent modification of the arrangements to which it relates.
in the case of any such arrangements as are referred to in paragraph (a) or (b) of that subsection, to refer those arrangements to the Office of Fair Trading, and
in the case of any such modification as is so referred to, to inform it of that modification;
In this section “the relevant date” means the date which the Commission determine to be that by which any such arrangements as are mentioned in subsection (4) would need to have been made by the holders of regional Channel 3 licences in order for the arrangements to be fully in operation at the time when those persons begin to provide their licensed services.
If OFCOM are satisfied— they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or a statement of findings (or both) in such form, and at such time or times, as they may determine.
that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and
that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or a statement of findings (or both) under this subsection,
OFCOM shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.
If OFCOM are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.
This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.
For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.
If OFCOM are satisfied that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003, they may (subject to the following provisions of this section) serve on him—
a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM; or
a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years.
The amount of any financial penalty imposed on any person in pursuance of subsection (1)(a)— and in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Commission estimate to be the qualifying revenue for that accounting period (as so determined).
shall, if such a penalty has not previously been so imposed on that person during any period for which his licence has been in force (“the relevant period”), not exceed 3 per cent. of the qualifying revenue for his last complete accounting period (as determined in accordance with section 19(2) to (6)); and
shall, in any other case, not exceed 5 per cent. of the qualifying revenue for that accounting period (as so determined);
The amount of a financial penalty imposed on a person in pursuance of subsection (1)(a) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
OFCOM shall not serve on any person such a notice as is mentioned in subsection (1)(a) or (b) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.
Section 18A applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B), with any necessary modifications in relation to the holder of the Channel 5 licence.
It is hereby declared that any exercise by OFCOM of their powers under subsection (1) of this section in respect of any failure to comply with any condition of a licence shall not preclude any exercise by them of their powers under section 40 in respect of that failure.
This section shall apply in relation to Channel 4 as if—
any reference to a Channel 3 licence were a reference to the licence to provide Channel 4; and
subsection (1)(b) were omitted.
If OFCOM are satisfied— they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).
that the holder of a Channel 3 or Channel 5 licence is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003, and
that that failure is such that, if not remedied, it would justify the revocation of the licence,
A notice under this subsection is a notice—
stating that OFCOM are satisfied as mentioned in subsection (1);
specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and
stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, OFCOM will revoke his licence under subsection (3).
If at the end of the period specified in a notice under subsection (2) OFCOM are satisfied— they shall (subject to subsection (8)) serve on that person a notice revoking his licence.
that the person on whom the notice was served has failed to take the steps specified in it, and
that it is necessary in the public interest to revoke his licence,
If OFCOM are satisfied in the case of any Channel 3 or Channel 5 licence— they shall (subject to subsection (8)) serve on him a notice revoking his licence.
that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and
that it is appropriate for them to do so,
If OFCOM are satisfied— they may (subject to subsection (8)) serve on him a notice revoking his licence.
that the holder of a Channel 3 or Channel 5 licence provided them, in connection with his application for the licence, with information which was false in a material particular, or
that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,
Subject to subsection (7), any notice served under subsection (3), (4) or (5) shall take effect as from the time when it is served on the licence holder.
If it appears to OFCOM to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.
OFCOM shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
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In this Part “domestic satellite service” means a television broadcasting service where the television programmes included in the service are transmitted by satellite from a place in the United Kingdom—
on an allocated frequency, and
for general reception in the United Kingdom.
In this Part “non-domestic satellite service” means—
a service which consists in the transmission of television programmes by satellite— where the programmes are transmitted from a place in the United Kingdom; or
otherwise than on an allocated frequency, and
for general reception in the United Kingdom or in any prescribed country (or both),
a service which consists in the transmission of television programmes by satellite— if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him).
from a place which is neither in the United Kingdom nor in any prescribed country, but
for such reception as is mentioned in paragraph (a) (ii),
For the purposes of this Part non-domestic satellite services shall be regarded as provided by the following persons—
a service falling within subsection (2)(a)—
shall, if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him), be regarded as provided by that person (whether the programmes are transmitted by him or not), but
shall otherwise be regarded as provided by the person by whom the programmes are transmitted; and
a service falling within subsection (2)(b) shall be regarded as provided by the person by whom the programme material in question is provided as mentioned in that provision.
In this section—
“the appropriate percentage”, in relation to any year, has the meaning given by section 102(10);
OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and
OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and
by, or under arrangements made by, that body, or and those Parts of that Schedule contain other modifications of provisions of that Act which are consequential on those subsections.
by the nominated company in pursuance of any such contract as is referred to in either of those subsections, or
under any such arrangements as are referred to in subsection (2)(b);
section 17 (as applied by subsection (3) above) shall, subject to section 17(14), have effect as if he had not made an application for the licence.
section 100 (as applied by subsection (3) above) shall, subject to section 100(11), have effect as if he had not made an application for the licence.
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The Commission may grant such licences to provide domestic satellite services as they may determine.
Without prejudice to the generality of section 3(2), a licence to provide a domestic satellite service may authorise the provision of a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies.
Subject to subsection (4), the following provisions, namely— shall apply in relation to a licence to provide a domestic satellite service as they apply in relation to a licence to provide a Channel 3 service.
sections 15 to 20,
section 33, and
sections 38 and 40 to 42,
In its application in relation to a licence to provide a domestic satellite service—
section 15(1) shall have effect with the omission of paragraph (b);
section 16 shall have effect as if the licence were a licence to provide a regional Channel 3 licence, but with the omission of paragraphs (a) to (f) of subsection (2);
section 18 shall have effect with the omission of subsections (3) to (5); and
section 20 shall have effect—
with the substitution in subsection (1) of “fifteen years” for “ten years” in both places where those words occur, and
with the omission of subsection (4)(b).
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An application for a licence to provide a non-domestic satellite service shall—
be made in such manner as the Commission may determine; and
be accompanied by such fee (if any) as they may determine.
Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1).
Section 44(2) shall apply to a licence to provide a non-domestic satellite service as it applies to a licence to provide a domestic satellite service.
Any licence granted by the Commission to provide a non-domestic satellite service shall (subject to the provisions of this Part) continue in force for a period of ten years.
Subject to subsections (6) and (7), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.
In its application in relation to a licence to provide a non-domestic satellite service, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000.
Section 42 shall apply in relation to such a licence with the omission of subsection (7).
The Secretary of State may by order amend subsection (6) by substituting a different sum for the sum for the time being specified there.
Any order under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In this Part “restricted service” means a service (or a dissociable section of a service) which consists in the broadcasting of television programmes for a particular establishment or other defined location, or a particular event, in the United Kingdom.
An application for a licence to provide a restricted service shall be made in such manner as OFCOM may determine, and shall be accompanied by such fee (if any) as OFCOM may determine.
Subject to subsections (3) to (3C), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.
In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of subsections (1A) to (1C); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section is the maximum penalty given by subsection (3A).
The maximum penalty is whichever is the greater of—
£250,000; and
5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.
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In this Part “licensable programme service” means (subject to subsection (2)) a service consisting in the provision by any person of relevant programmes with a view to their being conveyed by means of a telecommunication system— whether the telecommunication system is run by the person so providing the programmes or by some other person, and whether the programmes are to be so conveyed as mentioned in paragraph (a) for simultaneous reception or for reception at different times in response to requests made by different users of the service.
for reception in two or more dwelling-houses in the United Kingdom otherwise than for the purpose of being received there by persons who have a business interest in receiving them, or
for reception at any place, or for simultaneous reception at two or more places, in the United Kingdom for the purpose of being presented there either to members of the public or to a group or groups of persons some or all of whom do not have a business interest in receiving them,
Subsection (1) does not apply to—
a service where the programmes are provided for transmission in the course of the provision of a television broadcasting service or a non-domestic satellite service;
a service where the running of the telecommunication system does not require to be licensed under Part II of the Telecommunications Act 1984; or
a two-way service, that is to say a service of which it is an essential feature that while visual images or sounds (or both) are being conveyed by the person providing the service there will or may be sent from each place of reception, by means of the same telecommunication system or (as the case may be) the part of it by means of which they are conveyed, visual images or sounds (or both) for reception by the person providing the service or other persons receiving it (other than signals sent for the operation or control of the service).
It is hereby declared that the person who does either or both of the following things, that is to say— is not to be regarded as providing a licensable programme service in respect of any such programmes except to the extent that they are provided by that person with a view to their being so conveyed by means of that system.
uses a telecommunication system for conveying relevant programmes as mentioned in subsection (1), or
runs a telecommunication system which is so used,
It is hereby also declared that where— that service is licensable under section 47 as a licensable programme service, and not otherwise; and in this subsection “additional service” means an additional service within the meaning of this Part or Part III.
any service constitutes such a service as is mentioned in subsection (1), and
the relevant programmes in respect of which the service is provided are provided for transmission in the course of the provision of any additional service,
In this section “relevant programme” means a television programme other than one consisting wholly or mainly of non-representational images (within the meaning of section 2(6)); and for the purposes of this section a person has a business interest in receiving programmes if he has an interest in receiving them for the purposes of his business, trade, profession or employment.
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An application for a licence to provide a licensable programme service shall—
be made in such manner as the Commission may determine; and
be accompanied by such fee (if any) as they may determine.
Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1) (whether the Commission were to make a determination under subsection (4) below or not).
Any licence granted by the Commission to provide a licensable programme service shall (subject to the provisions of this Part) continue in force for such period not exceeding ten years as may be specified in the licence.
If the Commission— they may, when licensing the service, determine that section 6 shall, in its application in relation to that service, have effect subject to the modifications specified in subsection (5).
are satisfied that a particular licensable programme service is to be provided with a view to its programmes being conveyed for reception only in a particular area or locality in the United Kingdom, and
consider that it is appropriate to do so,
“complaint” means a complaint to the BCC of any such unjust or unfair treatment or unwarranted infringement of privacy as is mentioned in section 143(1);
the following provisions shall be omitted, namely—
subsections (3) and (5) to (7), and
in subsection (4), the words from the beginning to “subsection (1),”.
The Commission shall—
draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of section 6(1)(c) (as substituted by subsection (5) above) in relation to a service in respect of which a determination under subsection (4) above is in force; and
do all that they can to secure that the provisions of the code are observed in the provision of any such service.
The Commission shall publish the code drawn up under subsection (6), and every revision of it, in such manner as they consider appropriate.
Subject to subsections (9) and (10), sections 40 to 42 shall apply in relation to a licence to provide a licensable programme service as they apply in relation to a licence to provide a Channel 3 service.
In its application in relation to such a licence, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000.
Section 42 shall apply in relation to such a licence with the omission of subsection (7).
The Secretary of State may by order amend subsection (9) above by substituting a different sum for the sum for the time being specified there.
Any order under subsection (11) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part “additional service” means any service which consists in the sending of electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any television broadcasting service provided— on a relevant frequency.
on any frequency assigned under section 65(1) (other than a frequency which, in pursuance of section 73(2), is assigned by the Commission to a local delivery service within the meaning of Part II), or
on any other allocated frequency notified to the Commission by the Secretary of State.
For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be—any part of the signals which— and references in this Part to spare capacity shall be construed accordingly.
is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and
is determined by OFCOM to be available for the provision of additional services;
OFCOM shall, when determining under subsection (2)(b) the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency, have regard—
to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and
if it is a frequency on which Channel 4 is provided, to the need for subtitling to be provided in connection with programmes on Channel 4; and
to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—
are ancillary to programmes included in the service and directly related to their contents; or
relate to the promotion or listing of such programmes.
if it is a frequency falling within either of paragraphs (a) and (b), to any need of the person providing the service in question to be able to use part of the signals carrying it for providing services (other than subtitling) which are ancillary to programmes included in the service and directly related to their contents.
For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.
A person holding a licence to provide a Channel 3 service or Channel 4 or 5 shall be taken for the purposes of this Part to be authorised by his licence—
to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and
to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).
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In this section— “electronic signals” means signals within the meaning of section 32 of the Communications Act 2003; “relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.
...
“the Council” means the Broadcasting Standards Council;
a television programme service (within the meaning of Part I of this Act), or
an independent radio service falling within paragraph (a) or (b) of section 84(1),
Subject to subsection (2), OFCOM shall do all that they can to secure that, in the case of each relevant frequency, all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by OFCOM in accordance with this section.
any frequencies falling within section 48(1)(a) on which television broadcasting services are provided, and
any frequencies notified to the Commission under section 48(1)(b),
The Commission shall do all that they can to secure, in relation to the combined spare capacity available for the provision of additional services on frequencies on which Channel 3 services and Channel 4 are respectively provided, that a single teletext service is provided on that spare capacity; but any such service shall be provided only on so much of that spare capacity as the Secretary of State may approve.
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In relation to so much of any such service as is provided for reception wholly or mainly in Wales, references in subsection (2) to any such combined spare capacity as is there mentioned shall be construed as references to the spare capacity available for the provision of additional services on frequencies on which S4C is provided; and the Secretary of State shall exercise his powers under section 48(1)(b) and (2)(b) in such manner as he considers appropriate to take account of this subsection.
An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.
An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as OFCOM may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.
Subsection (5) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act.
Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.
Every licence under this Part to provide a television broadcasting service shall include such conditions as appear to OFCOM to be appropriate for securing that the licence holder grants— access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.
to any person who holds a licence to provide additional services on the frequency on which that broadcasting service is provided, and
to any person who is authorised by any such person as mentioned in subsection (5) to provide additional services on that frequency,
Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (8) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by OFCOM .
In this Part “additional services licence” means a licence to provide additional services and “relevant frequency” has the same meaning as in section 48.
Where OFCOM propose to grant a licence to provide additional services they shall publish, in such manner as they consider appropriate, a notice—
stating that they propose to grant such a licence;
specifying—
the television broadcasting service or services on whose frequency or frequencies the services are to be provided, and
... the extent and nature of the spare capacity which is to be allocated by the licence;
inviting applications for the licence and specifying the closing date for such applications; and
specifying—
the fee payable on any application made in pursuance of the notice, and
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 52(1)(c) if he were granted the licence.
OFCOM may, if they think fit, specify under subsection (1)(d)(ii)—
different percentages in relation to different accounting periods falling within the period for which the licence would be in force;
a nil percentage in relation to any accounting period so falling.
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
the fee specified in the notice under subsection (1)(d)(i);
a technical plan indicating—
the nature of any additional services which the applicant proposes to provide, and
so far as known to the applicant, the nature of any additional services which any other person proposes to provide in accordance with section 49(5);
the applicant’s cash bid in respect of the licence; and
such information as OFCOM may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force.
At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under subsection (3)(b) or (d).
Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
the name of every person who has made an application to them in pursuance of the notice;
particulars of the technical plan submitted by him under subsection (3)(b); and
such other information connected with his application as OFCOM consider appropriate.
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Where a person has made an application for an additional services licence in accordance with section 50, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them— and any reference to an applicant in section 17 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.
that the technical plan submitted under section 50(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and
that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;
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Subject to subsection (4), section s17 and 17A shall apply in relation to an additional services licence as they apply in relation to a Channel 3 licence.
In the application of section 17 in relation to an additional services licence—
the provisions of subsection (4) down to the end of paragraph (b) shall be omitted;
in subsection (7)(a), the reference to section 19(1) shall be construed as a reference to section 52(1); and
subsection (12) shall have effect with the substitution of the following paragraph for paragraph (b)—.
Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless OFCOM have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
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An additional services licence shall include conditions requiring the licence holder to pay to OFCOM (in addition to any fees required to be so paid by virtue of section 4(1)(b))—
in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 50(1)(d)(ii).
For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall consist of all amounts which are received or to be received by him or by any connected person and are referable to the right under his licence to use, or to authorise any other person to use, in that period the spare capacity allocated by the licence.
An additional services licence may include conditions—
enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
Such a licence may in particular include conditions—
authorising OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
providing for the adjustment of any overpayment or underpayment.
Where— any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
the last complete accounting period of his falling within the licence period does not end at the same time as that period,
A licence to provide additional services on a frequency which is a relevant frequency for the purposes of section 48 or (in the case of a licence granted before the television transfer date) was assigned under section 65—
shall, subject to the provisions of this Part, continue in force for a period of ten years, and
may (subject to the following provisions of this section) be renewed on one or more occasions for a period of ten years beginning with the date of renewal.
An application for the renewal of a licence under subsection (1) may be made by the licence holder not earlier than four years before the date on which it would otherwise cease to be in force and not later than the day falling three months before the relevant date.
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subsection (1) shall have effect with the substitution of “fifteen years” for “ten years” in both places where those words occur; and
subsection (2) shall have effect with the substitution of “five years” for “four years”.
Where an application is made for the renewal of a licence under subsection (1) ..., OFCOM may postpone the consideration of it by them for as long as they think appropriate having regard to subsection (9).
Where an application for the renewal of an additional services licence has been duly made to OFCOM, they may only (subject to subsection (6)) refuse the application if— and in paragraph (c) “relevant person” means the person providing a television broadcasting service on whose frequency the licensed service has been provided.
they are not satisfied that any additional service specified in the technical plan submitted under section 50(3)(b) would, if the licence were renewed, be provided as proposed in that plan, or
they propose to grant a fresh additional services licence for the provision of any additional service which would differ in any material respect from any such service authorised to be provided under the applicant’s licence, or
they propose to determine that all or part of the spare capacity allocated by the licence is to cease to be available for the provision of additional services in order that it may be used by any relevant person for the purpose of enhancing the technical quality of his television broadcasting service;
Section 17(5) to (7) shall apply in relation to an applicant for the renewal of an additional services licence as those provisions apply in relation to such an applicant as is mentioned in section 17(5), but as if—
any reference to the awarding of a Channel 3 licence to the applicant were a reference to the renewal of the applicant’s licence under this section; and
in section 17(7), the reference to section 19(1) were a reference to section 52(1).
On the grant of any such application OFCOM — and OFCOM may specify under paragraph (b) either of the things mentioned in section 50(2).
shall determine an amount which is to be payable to OFCOM by the licence holder in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and
may specify a different percentage from that specified under section 50(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 52(1)(c) during the period for which the licence is to be renewed;
The amount determined by OFCOM under subsection (7)(a) in connection with the renewal of a licence shall be such amount as would, in their opinion, be the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 50(3).
Where OFCOM have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable, as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
the amount determined by them under subsection (7)(a), and
any percentage specified by them under subsection (7)(b),
For the purposes of subsection (7)(b)—
different percentages may be specified for different accounting periods; and
the percentages that may be specified for an accounting period include a nil percentage.
Where an additional services licence is renewed under this section—
any conditions included in it in pursuance of section 52 shall have effect during the period for which the licence has been renewed—
as if the amount determined by OFCOM under subsection (7)(a) above were an amount specified in a cash bid submitted by the licence holder, and
subject to any determination made under subsection (7)(b) above; and
(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which an additional services licence is originally in force.
In this section “the relevant date”, in relation to an additional services licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 50 if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the additional services formerly provided under that licence.
A determination for the purposes of subsection (11)—
must be made at least one year before the date determined; and
must be notified by OFCOM to the person who holds the licence in question.
In this section “the television transfer date” has the same meaning as in the Communications Act 2003.
An additional services licence may include such conditions as OFCOM consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—
the television broadcasting service or services on whose frequency or frequencies it is provided, or
any other wireless telegraphy transmissions.
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If OFCOM are satisfied that the holder of an additional services licence has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM.
The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
shall, if such a penalty has not previously been so imposed on that person during any period for which his licence has been in force (“the relevant period”), not exceed 3 per cent. of the qualifying revenue for his last complete accounting period falling within the relevant period (as determined in accordance with section 52(2)); and
shall, in any other case, not exceed 5 per cent. of the qualifying revenue for that accounting period (as so determined);
OFCOM shall not serve on any person a notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
Section 42 shall apply in relation to an additional services licence as it applies in relation to a licence to provide a Channel 3 service, but with the omission of subsection (7) and, in the case of a licence renewed under section 53 as if the reference in section 42(4) to the end of the period for which the licence is to continue in force were a reference to the end of the period for which it has been renewed.
Section 52(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.
The authority which at the commencement of this section is called the Welsh Fourth Channel Authority shall continue in existence as a body corporate but— ...
shall be known as Sianel Pedwar Cymru (or S4C); and
shall be constituted in accordance with ... this Act;
The members of the S4C Board (see section 56A and Schedule 6A) are to be the members of S4C, but membership of S4C does not enable any person to act otherwise than through the S4C Board.
a chairman appointed by the Secretary of State; and
such number of other members appointed by the Secretary of State, not being less than four nor more than eight, as he may from time to time determine.
Schedule 6 to this Act shall have effect with respect to S4C.
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The function of the Welsh Authority shall be to provide a television broadcasting service of high quality for reception wholly or mainly in Wales to be known as Sianel Pedwar Cymru (or S4C); and in this Part references to S4C are references to that service.
It shall be the duty of the Welsh Authority—
to provide S4C as a public service for disseminating information, education and entertainment;
to ensure that a substantial proportion of the programmes broadcast on S4C are in Welsh and that the programmes broadcast on S4C between 6.30 pm and 10 pm consist mainly of programmes in Welsh; and
to ensure that the programmes in Welsh which are broadcast on S4C maintain—
a high general standard in all respects (and, in particular, in respect of their content and quality), and
a wide range in their subject matter, having regard both to the programmes as a whole and also to the days of the week on which, and the times of the day at which, the programmes are broadcast.
The Welsh Authority shall secure that, during any period allocated by them to the broadcasting of a programme not in Welsh, the programme broadcast by them on S4C is normally a programme which is being, has been or is to be broadcast on Channel 4.
The Welsh Authority may use part of the signals carrying S4C to provide— and in this subsection “subtitling” means any subtitling provided by means of a teletext service.
subtitling in connection with programmes on S4C, and
other services which are ancillary to such programmes and directly related to their contents;
In this section and section 58 “programme” does not include an advertisement.
A Board of S4C is established.
That Board—
is to be known as the S4C Board or (in Welsh) Bwrdd S4C, and
is to be constituted in accordance with this Act.
Except where otherwise provided by or under any enactment, the duties and powers of S4C are to be discharged and exercised by the S4C Board on behalf of S4C.
Schedule 6A makes further provision about the S4C Board.
The BBC must provide to S4C (free of charge) sufficient television programmes in Welsh to occupy not less than ten hours’ transmission time per week, in a way that meets the reasonable requirements of S4C.
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to provide the Welsh Authority with programme schedules for the programmes broadcast on Channel 4, including information as to the periods available for the broadcasting of advertisements, far enough in advance to enable the Welsh Authority to comply with section 57(3); and
to provide the Welsh Authority (free of charge) with any programmes which are required by the Authority for the purpose of complying with that provision.
The duty in subsection (1) does not apply during any period for which the BBC and S4C agree in writing to put in place alternative arrangements that contribute to S4C fulfilling its public service remit.
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If the BBC and S4C make an agreement under subsection (1A) the BBC must, as soon as reasonably practicable, publish the terms of the agreement.
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The BBC must exclude from publication any information which it or S4C considers— unless the BBC and S4C consider that there is an overriding public interest in publishing the information.
constitutes a trade secret, or
would be likely, if published, to prejudice the commercial interests of any person,
S4C shall publish, in such manner as they consider appropriate, advance notice of the programme schedules for the programmes to be broadcast on S4C Digital.
In this section “programme” does not include an advertisement.
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The Welsh Authority shall ensure that the following requirements are complied with in relation to S4C, namely—
that nothing is included in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;
that any news given (in whatever form) in its programmes is presented with due accuracy and impartiality;
that due impartiality is preserved on the part of the Authority as respects matters of political or industrial controversy or relating to current public policy;
that due responsibility is exercised with respect to the content of any of its programmes which are religious programmes, and that in particular any such programmes do not involve—
any improper exploitation of any susceptibilities of those watching the programmes, or
any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination; and
that its programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without their being aware, or fully aware, of what has occurred.
In applying subsection (1)(c) a series of programmes may be considered as a whole.
Without prejudice to the generality of subsection (1), the Welsh Authority shall ensure that there are excluded from the programmes broadcast on S4C all expressions of the views and opinions of the Authority on matters (other than broadcasting) which are of political or industrial controversy or relate to current public policy.
The code referred to in section 6(3) shall have effect in relation to the application of subsection (1)(c) above in relation to S4C as it has effect in relation to the application of section 6(1)(c) in relation to a licensed service; and the code referred to in section 7 shall have effect in relation to S4C as it has effect in relation to a licensed service.
The Welsh Authority shall observe the provisions of those codes (as they have effect in accordance with subsection (4)) in the provision of S4C.
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S4C must not include—
any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature,
any advertisement which is directed towards any political end, or
any advertisement which has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department);
in the acceptance of advertisements for inclusion in S4C there must be no unreasonable discrimination either against or in favour of any particular advertiser; and
(except in the case of any programme to which the Welsh Authority determine that this paragraph is not to apply) S4C must not include a programme which is sponsored by any person whose business consists, wholly or mainly, in the manufacture or supply of a product, or in the provision of a service, which the Welsh Authority are prohibited from advertising by virtue of subsection (2) or (4) below.
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S4C shall—
from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be broadcast on S4C Digital and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of S4C Digital;
carry out any directions which he may give to them in respect of such matters.
from time to time consult the Secretary of State as to the forms and methods of product placement that should not be employed in the provision of S4C Digital (including the descriptions of products, services or trade marks for which product placement should not be employed); and
S4C shall not act as an advertising agent.
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The Secretary of State shall secure that in 2012 and each subsequent year S4C are paid an amount which he considers sufficient to cover the cost to S4C during that year of fulfilling S4C’s public service remit.
The Secretary of State may discharge the duty in subsection (1) by making payments himself or entering into an agreement with another person for that person to do so (or both).
estimate the amount of the total television revenues for the preceding year; and
notify the Secretary of State of that estimated amount;
If under this section S4C are paid an amount for any year which exceeds the cost referred to in subsection (1), S4C may pay the difference from the public service fund referred to in section 61A to the person (or pro rata to the persons) from whom payments were received.
pay to the Welsh Authority any amount payable by him by virtue of subsection (1), after taking into account the interim payment made for that year under subsection (2), or
notify the Welsh Authority of the amount of any overpayment made by him by means of any such interim payment.
Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament.
In this section “total television revenues”— and section 19(2) to (6) shall have effect, with any necessary modifications, for the purpose of enabling the Commission to estimate or determine a person’s qualifying revenue for any year for the purposes of this subsection.
in relation to the year 1992, means the aggregate of the qualifying revenues for that year of—
the TV programme contractors (as defined by section 10(2) of the 1981 Act), and
the body corporate referred to in section 12(2) of that Act; and
in relation to any subsequent year, has the meaning given by section 26(2);
Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament.
The Secretary of State may, after consulting the Commission and the Welsh Authority, by order amend each of subsections (1) and (2) by substituting a different percentage for the percentage for the time being specified there; but no such order may be made before the end of the year 1997 unless the Secretary of State is satisfied that it is necessary to make the order having regard to the cost to the Authority of transmitting S4C.
An order shall not be made under subsection (7) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
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If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require S4C to broadcast, at such times as may be specified in the notice, any announcement specified in the notice, with or without visual images of any picture, scene or object mentioned in the announcement; and it shall be the duty of S4C to comply with the notice.
Where S4C broadcast any announcement in pursuance of a notice under subsection (1), they may announce that they are doing so in pursuance of such a notice.
The Secretary of State may at any time by notice require S4C to refrain from broadcasting any matter or classes of matter specified in the notice; and it shall be the duty of S4C to comply with the notice.
Where the Secretary of State has given S4C a notice under subsection (3), S4C may broadcast an announcement of the giving of the notice or, when it has been revoked or has expired, of its revocation or expiration.
The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.
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All amounts received by S4C under section 61 ... shall be kept by S4C in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of fulfilling S4C’s public service remit.
No S4C company shall receive any direct or indirect subsidy from the public service fund.
S4C shall secure that no audiovisual content which has been wholly or partly financed out of the public service fund is included in a relevant audiovisual service provided by an S4C company before it is first included in a relevant audiovisual service provided by S4C in fulfilling its public service remit.
In subsection (4), “audiovisual content” and “relevant audiovisual service” have the same meaning as in Part 3 of the Communications Act 2003 (see section 362 of that Act).
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S4C shall make arrangements for ascertaining—
the state of public opinion concerning programmes broadcast on S4C Digital;
any effects of such programmes on the attitudes or behaviour of persons who watch them; and
the types of programme that members of the public would like to be broadcast on S4C Digital.
Those arrangements shall—
secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of S4C; and
include provision for full consideration by S4C of the results of any such research.
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The Secretary of State may by notice assign to the Commission, for the purpose of the provision of services falling to be licensed by them under this Part or Part II, such frequencies as he may determine; and any frequency so assigned shall be taken to be so assigned for the purpose only of being used for the provision of one or more of those services.
Any frequency assigned by the Secretary of State under subsection (1) may be so assigned for use only in such area or areas as may be specified by the Secretary of State when making the assignment.
The Secretary of State may by notice assign to the Welsh Authority for the purpose of the provision of S4C such frequencies as he may determine; and any such frequencies shall be taken to be so assigned for the purpose only of being used for the provision of that service and any services which they are authorised to provide by virtue of section 57(4).
The Secretary of State may by notice revoke the assignment under subsection (1) or (3) of any frequency specified in the notice, and (in the case of a frequency assigned to the Commission) may do so whether or not the frequency is for the time being one on which there is being provided a service licensed under this Part or Part II.
During such period as the Secretary of State may by order specify, all Channel 3 services shall be broadcast so as to be available for reception by members of the public by a single person under arrangements made with him by the persons licensed to provide those services; and every Channel 3 licence shall include such conditions as appear to OFCOM to be appropriate—
for securing that result and
for securing that the costs incurred in respect of the broadcasting of those services (taken as a whole) during that period in accordance with those arrangements are shared by those persons in such manner as may be approved by the Secretary of State.
Any Channel 3 licence shall include such conditions as appear to OFCOM to be appropriate for securing that the costs incurred in respect of the distribution of Channel 3 services (taken as a whole) during such period as the Secretary of State may by order specify are shared by the persons licensed to provide those services in such manner as may be approved by the Secretary of State. In this subsection “distribution”, in relation to Channel 3 services, means the conveyance of those services (by whatever means and whether directly or indirectly) to the broadcasting stations from which they are broadcast so as to be available for reception by members of the public.
The Secretary of State may, at any time during the period referred to in subsection (1) or (2), by order provide for that period to be extended by such further period as is specified in the order; and any conditions included in a Channel 3 licence in pursuance of that subsection shall accordingly, in any such case, have effect in relation to that period as so extended.
In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003
Any Channel 3 licence or licence to provide Channel 4 or 5 shall include such conditions as appear to OFCOM to be appropriate for requiring the signals carrying the licensed service to attain high standards in terms of technical quality and reliability throughout so much of the relevant area as is for the time being reasonably practicable.
Before imposing any conditions in pursuance of subsection (4) OFCOM shall consult the Secretary of State as to how much of the relevant area is to be specified in the conditions as the area throughout which the required standards are to be attained.
In subsections (4) and (5) “the relevant area”—
in relation to a Channel 3 or Channel 5 licence, means the area for which the licensed service is to be provided; and
in relation to the licence to provide Channel 4, means the United Kingdom.
S4C shall do all that they can to ensure that the signals carrying S4C Digital attain high standards in terms of technical quality and reliability throughout so much of the United Kingdom as is for the time being reasonably practicable.
Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part I of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part and Part II) shall have effect.
Where OFCOM — OFCOM shall send a copy of the direction, notice or representations to the Secretary of State.
give a direction to a BBC company under section 40(1),
serve a notice on a BBC company under any provision of section 41 or 42, or
receive any written representations from a BBC company under section 40(2), 41(3) or 42(8),
References in subsection (1) to any of the provisions of sections 40 to 42 are references to that provision as applied—
by section 42B(2), in relation to a licence to provide a restricted service,
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by section 55(4), in relation to an additional services licence.
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Where, in respect of any licence granted under this Part or Part II, the Commission receive any of the amounts specified in subsection (2), that amount shall not form part of the revenues of the Commission but shall—
if the licence is for the provision of a service for any area in Great Britain, be paid into the Consolidated Fund of the United Kingdom;
if the licence is for the provision of a service for Northern Ireland, be paid into the Consolidated Fund of Northern Ireland; or
if the licence is for the provision of a service for the whole or part of Great Britain and for the whole or part of Northern Ireland, be paid into both of those Funds in such proportions as the Commission consider appropriate.
The amounts referred to in subsection (1) are—
any amount payable to the Commission by virtue of section 19(1), 52(1) or 77(1);
any amount payable to them by virtue of section 18(3); and
any amount payable to them by virtue of section 41(1)(a) or 55(1).
Any reference in subsection (2)(a), (b) or (c) to any provision of this Part includes a reference to that provision as applied by any other provision of this Part or Part II.
Subsection (1) shall not be construed as applying to any amount which is required by the Commission for the making of an adjustment in respect of an overpayment made by any person.
Any amount payable by any person to the Commission under or by virtue of this Part or Part II shall be recoverable by them as a debt due to them from that person; and, where any amount is so payable by a person as the holder of a licence granted under this Part or Part II, his liability to pay it shall not be affected by his licence ceasing (for any reason) to be in force.
The Commission shall, in respect of each financial year, prepare an account showing— and shall send that account to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which it relates; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.
all such amounts falling within subsection (1) as have been received by them, and
the sums paid into the Consolidated Funds of the United Kingdom and Northern Ireland respectively under that subsection in respect of those amounts,
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The Commission may make arrangements for such work relating to frequency planning to be carried out as they consider appropriate in connection with the discharge of their functions.
Any such work shall be directed towards securing that the frequencies assigned to the Commission under this Act are used as efficiently as is reasonably practicable.
The Commission may—
make arrangements for such research and development work to be carried out as they consider appropriate in connection with the discharge of their functions;
promote the carrying out by other persons of research and development work relating to television broadcasting.
The Commission shall consult the persons holding licences under this Part or Part II as to the arrangements to be made by the Commission in pursuance of subsection (3)(a).
The Commission shall secure that, so far as is reasonably practicable—
any work carried out under arrangements made in pursuance of subsection (1) or (3) is carried out, under the supervision of the Commission, by persons who are neither members nor employees of the Commission; and
any work carried out under arrangements made in pursuance of subsection (3)(a) is to a substantial extent financed by persons other than the Commission.
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Her Majesty’s Government in the United Kingdom, and
persons providing television programme services,
In this Part (unless the context otherwise requires)—
“Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005
“S4C” means the television broadcasting service referred to in section 57(1) of this Act, and “on S4C” means in that service.
Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.
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In this Part “local delivery service” means a service provided by any person which—
consists in the use of a telecommunication system (whether run by that or any other person) for the purpose of the delivery of one or more of the services specified in subsection (2) for simultaneous reception in two or more dwelling-houses in the United Kingdom; and
is of a class or description specified in an order made by the Secretary of State.
The services referred to in subsection (1)(a) are—
any television broadcasting service (within the meaning of Part I of this Act) whether provided by the holder of a licence under that Part or by the BBC or the Welsh Authority;
any non-domestic satellite service (within the meaning of that Part);
any licensable programme service (within the meaning of that Part);
any sound broadcasting service to which section 84 applies or which is provided by the BBC; and
any licensable sound programme service (as defined by section 112(1)).
Without prejudice to the generality of subsection (1)(b) any class or description of service specified in an order under that provision may be framed by reference to—
the nature of the telecommunication system by means of which the service is provided, or
the nature of the programmes, or any of the programmes, delivered by the service.
Any order under subsection (1)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;
Section 1.
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Sections 5 and 88.
In this Schedule— For the purpose of determining the persons who are the associates of a body corporate for the purposes of this Schedule— For the purpose of determining the persons who are an individual’s associates for the purposes of this Schedule, the following persons shall be regarded as associates of each other, namely— and in this sub-paragraph “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild or illegitimate child of any person, or anyone adopted by a person, whether legally or otherwise, as his child, being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a wife or husband shall include a former wife or husband and a reputed wife or husband and references to a civil partner shall include a former civil partner and a reputed civil partner. For the purposes of this Schedule a person controls a body corporate if— For the purposes of sub-paragraph (3)(c)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of any provision of this Schedule which refers to a body controlled by two or more persons or bodies of any description taken together, the persons or bodies in question shall not be regarded as controlling the body by virtue of paragraph (b) of sub-paragraph (3) unless they are acting together in concert. In this Schedule any reference to a participant with more than a 5 per cent. interest in a body corporate is a reference to a person who— Sub-paragraph (6) shall have effect subject to the necessary modifications in relation to other references in this Schedule— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to sub-paragraph (1A)Any reference in paragraph 1 above to a person— is a reference to his doing so, or being so entitled, whether alone or jointly with one or more other persons and whether directly or through one or more nominees. For the purposes of this Schedule, a person’s holding of shares, or possession of voting power, in a body corporate shall be disregarded if, or to the extent that— In sub-paragraph (1A)(a)(iii), “depositary receipt” means a certificate or other record (whether or not in the form of a document)— For the purposes of sub-paragraph (1A)(b)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Schedule the following persons shall be treated as connected with a particular person—
a person who controls that person,
an associate of that person or of a person falling within paragraph (a), and
a body which is controlled by that person or by an associate of that person.
a body which is controlled by the licence holder or by an associate of the licence holder.
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Subject to sub-paragraph (1A), the following persons are disqualified persons in relation to a Broadcasting Act licence— Where a service is provided exclusively for the purposes of the carrying out of the functions of a local authority under section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities), a person is disqualified by virtue of sub-paragraph (1) in relation to a licence to provide that service only if he would be so disqualified disregarding paragraph (c) of that sub-paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)— A licence falls within this sub-paragraph if it is— In this paragraph—
The following persons are disqualified persons in relation to any licence granted under Part 3 of this Act or Part 2 of the Broadcasting Act 1996 other than a licence to provide a restricted service— For the purposes of sub-paragraph (1)(a) money is received from public funds if it is paid— but, in each case, there shall be disregarded any money paid as consideration for the acquisition of property or the supply of goods or services or as remuneration, expenses, pensions, allowances or similar benefits for or in respect of a person as the holder of an office.
A person is a disqualified person in relation to a Broadcasting Act licence if in the opinion of OFCOM— In sub-paragraph (1) “relevant body”—
The following persons are disqualified persons in relation to a Broadcasting Act licence —
the BBC;
the BBC;
the Welsh Authority;
S4C;
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either of those bodies, or
a body corporate falling within sub-paragraph (c),
The following persons are disqualified persons in relation to a Broadcasting Act licence—
an advertising agency;
an associate of an advertising agency;
any body which is controlled by a person falling within sub-paragraph (a) or (b) or by two or more such persons taken together;
any body corporate in which a person falling within any of sub-paragraphs (a) to (c) is a participant with more than a 5 per cent. interest.
A BBC company, a Channel 4 company or an S4C company is a disqualified person in relation to— A BBC company is also a disqualified person in relation to any licence ... to provide a national, local or restricted service within the meaning of Part III of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part of this Schedule “relevant services” means any such services as are mentioned in sub-paragraphs (2) and (3) and, for the purposes of this Part, relevant services shall (subject to paragraphs 2(1) and 5(1) below) be divided into the twelve categories specified in those sub-paragraphs. In the case of services licensed by the Commission, the categories are— In the case of services licensed by the Authority, the categories are— References in this Part to national, local, restricted or satellite radio services are references to national, local, restricted or satellite services within the meaning of Part III of this Act.
Subject to sub-paragraph (3), the maximum number of licences which may at any time be held by any one person to provide relevant services falling within each of the following categories shall be— The Secretary of State may, in the case of any category of relevant services not falling within sub-paragraph (1), by order prescribe the maximum number of licences which may at any time be held by any one person to provide relevant services falling within that category. The Secretary of State may by order— Without prejudice to the generality of sub-paragraph (3)(b), an order made in pursuance of that provision may impose on the holder of a licence to provide any specified category of relevant services limits framed (directly or indirectly) by reference to either or both of the following matters, namely— Where a person holds a licence to provide a local radio service which, in accordance with section 86(2), authorises the provision of a multichannel service, he shall be treated for the purposes of sub-paragraph (1) as holding such number of licences to provide local radio services as corresponds to the number of channels on which the service may be provided. Where a person holds— which, in accordance with section 44(2), 45(3) or 86(2), authorises the provision of a multichannel service, he shall be treated for the purposes of any order under sub-paragraph (2) as holding such number of licences to provide domestic satellite services, non-domestic satellite services or (as the case may be) satellite radio services as corresponds to the number of channels on which the service may be provided. In this paragraph— For the purposes of— a person shall be treated as holding a licence if the licence is held by a person connected with him.
Where any restriction is imposed by or under paragraph 5 or 6 below on the holder of a particular kind of licence in relation to participation in a body corporate which is the holder of another kind of licence, any person who holds one of those kinds of licence shall not also hold the other kind of licence.
The Secretary of State may by order prescribe restrictions on the extent to which the holder of a licence to provide a relevant service falling within a particular category may be a participant—
in a body corporate which is the holder of another licence to provide a relevant service falling within that category, or
in two or more such bodies corporate.
For the purposes of paragraph 4 above and this paragraph the services specified in paragraph 1(2)(a) above shall be divided into the following three categories— Where a person is the holder of a licence to provide a service falling within one of those categories, he shall not be a participant with more than a 20 per cent. interest in any body corporate which is the holder of a licence to provide a service falling within either of the other two categories. The Secretary of State may by order—
Where a person is the holder of a licence to provide a relevant service falling within one of the categories specified in sub-paragraph (2)(a) or (b) or (3)(a) of paragraph 1 above, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within either of the other categories so specified. Subject to sub-paragraphs (3) and (4), where a person— he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within one of the categories referred to in sub-paragraph (1); and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of such a licence as is mentioned in paragraph (a) above or which provides such a service as is mentioned in paragraph (b) above. In sub-paragraph (2)— and a service shall be disregarded for the purposes of paragraph (a) or (b) of that sub-paragraph if the programmes included in the service are at all times the same as those which are for the time being broadcast in a Channel 3 service or on Channel 5. Where a person is the holder of a licence to provide a satellite radio service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within sub-paragraph (2)(a) or (3)(a) of paragraph 1 above; and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a satellite radio service. Where a person is the holder of a licence to provide a satellite radio service which is provided on any frequency allocated to the United Kingdom for broadcasting by satellite (“a domestic licence”), he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a satellite radio service which is not provided on any such frequency (“a non-domestic licence”); and, where a person is the holder of a non-domestic licence, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a domestic licence. Where a person is the holder of a licence to provide a relevant service falling within one of the categories specified— he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within either of the other categories so specified if each of the services in question is provided for an area which is to a significant extent the same as that for which the other is provided. The Secretary of State may by order prescribe restrictions— In sub-paragraph (8)— The Secretary of State may by order amend any of sub-paragraphs (1), (2) and (5) to (7) by substituting a different percentage for the percentage for the time being specified there.
Any restriction imposed under paragraph 6(8)(b) above on participation in a body corporate providing such a service as is mentioned in paragraph 6(2)(b) shall apply equally to participation in a body corporate which controls a body providing such a service.
Any restriction on participation imposed by or under paragraph 4, 5 or 6 above— shall apply to him as if he and every person connected with him were one person. For the purposes of this paragraph and paragraph 9 below the following persons shall be treated as connected with a person providing such a service as is mentioned in paragraph 6(2)(b), namely—
Without prejudice to the generality of paragraph 4 or 6(8) above, an order made in pursuance of that provision may impose restrictions framed by reference to the number of bodies corporate in which the holder of a licence, or any person connected with him, is a participant, and an order made in pursuance of paragraph 6(8)(a)(ii) may impose restrictions framed by reference to the number of bodies corporate in which a person providing such a service as is mentioned in paragraph 6(2)(b), or any person connected with him, is a participant. Paragraph 8(2) above applies for the purposes of this paragraph.
Where, by virtue of any provision of this Part of this Schedule, any restriction applies in relation to participation in any body or bodies corporate of a particular description, the Secretary of State may by order provide for further restrictions to apply in relation to participation in any such body or bodies corporate, being restrictions which— For the purposes of this paragraph the following persons shall be treated as connected with a particular person, namely—
In this Part of this Schedule references to a national or local newspaper are (subject to sub-paragraph (2)) references to a national or local newspaper circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom. The relevant authority may determine that a newspaper which would not otherwise be a national or local newspaper for the purposes of this Part of this Schedule shall be treated as a national or (as the case may be) a local newspaper for the purposes of any particular restriction imposed by or under this Part of this Schedule if it appears to them to be appropriate for the newspaper to be so treated having regard to its circulation or influence in the United Kingdom or (as the case may be) in a part of the United Kingdom; and in this sub-paragraph “the relevant authority”— For the purposes of this Part of this Schedule the following persons are connected with each other in relation to a particular national or local newspaper, namely— Any reference in this Part of this Schedule, in relation to a local newspaper, to a relevant local radio service or a relevant local delivery service is a reference to a local radio service or a local delivery service which serves an area which is to a significant extent the same as that served by the newspaper. Paragraph 1(4) in Part III of this Schedule shall have effect for the purposes of this Part of this Schedule as it has effect for the purposes of Part III.
Subject to sub-paragraph (2), no proprietor of a national or local newspaper shall be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide— Sub-paragraph (1) shall not impose any restriction on the proprietor of a local newspaper as respects participation in a body corporate which is the holder of a licence to provide a regional Channel 3 service except where the newspaper and the service each serve an area which is to a significant extent the same as that served by the other. No person who— shall be a participant with more than a 5 per cent. interest in any other such body corporate. No person who is the proprietor of a local newspaper shall be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant local radio service or a relevant local delivery service. The Secretary of State may by order— Paragraph 7(1) in Part III of this Schedule shall have effect in relation to any restriction imposed by or under this paragraph as it has effect in relation to any restriction imposed by or under paragraph 4, 5 or 6 in Part III.
Subject to sub-paragraph (2), no person who is the holder of a licence to provide— shall be a participant with more than a 20 per cent. interest in a body corporate which runs a national or local newspaper. Sub-paragraph (1) shall not impose any restriction on the holder of a licence to provide a regional Channel 3 service as respects participation in a body corporate which runs a local newspaper except where the service and the newspaper each serve an area which is to a significant extent the same as that served by the other. No person who— shall be a participant with more than a 5 per cent. interest in any other such body corporate. No person who is the holder of a licence to provide a relevant local radio service or a relevant local delivery service shall be a participant with more than a 20 per cent. interest in a body corporate which runs a local newspaper. The Secretary of State may by order— For the purposes of this paragraph a person runs a national or local newspaper if—
Any restriction on participation imposed by or under paragraph 2 or 3 above— shall apply to him as if he and every person connected with him were one person.
on the proprietor of any newspaper, or
on the holder of any licence,
Without prejudice to the generality of paragraph 2(5) or 3(5) above, an order made in pursuance of that provision may impose restrictions framed by reference to the number of bodies corporate in which— as the case may be, or any person connected with any such person, is a participant.
the proprietor of a newspaper, or
the holder of a licence,
a national public telecommunications operator or a national public telecommunications operator of any description specified in the order;
a person who controls such an operator;
an associate of such an operator or of a person falling within sub-paragraph (b);
a body which is controlled by such an operator or by an associate of such an operator.
Section 23.
The Corporation shall be a body corporate. The Corporation shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. The Corporation may do anything which appears to them to be incidental or conducive to the carrying out of their functions. The powers of the Corporation under sub-paragraph (3) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so— In sub-paragraph (4) “Channel 4 functions” means—
A person shall be disqualified for being a member of the Corporation so long as he is— Before appointing a person to be a member of the Corporation, OFCOM shall satisfy themselves that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Corporation; and OFCOM shall also satisfy themselves from time to time with respect to every member of the Corporation that he has no such interest. Any person who is, or whom OFCOM propose to appoint to be, a member of the Corporation shall, whenever requested by OFCOM to do so, furnish them with such information as they consider necessary for the performance by them of their duties under sub-paragraph (2).
Subject to the following provisions of this paragraph, each member of the Corporation shall hold and vacate office in accordance with the terms of his appointment. A person shall not be appointed to be a member of the Corporation for more than five years at a time. OFCOM may at any time, by notice to a member of the Corporation, terminate the appointment of that member. Before terminating a person’s appointment under sub-paragraph (2A), OFCOM must consult the Secretary of State. Any member of the Corporation may at any time resign his office by notice to OFCOM. This paragraph does not apply in relation to ex-officio members of the Corporation.
The Corporation may pay — as OFCOM may determine. The Corporation may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as OFCOM may determine. Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to OFCOM that there are special circumstances which make it right for him to receive compensation, the Corporation may make a payment to him of such amount as OFCOM may determine. Sub-paragraphs (2) and (3) do not apply in relation to ex-officio members of the Corporation. The approval of the Treasury shall be required for any determination under this paragraph other than a determination under sub-paragraph (1) having effect in relation to an ex-officio member of the Corporation.
The Channel Four Television Corporation
Subject to paragraph 7, the quorum of the Corporation and the arrangements relating to their meetings shall be such as the Corporation may determine. The arrangements may, with the approval of OFCOM , provide for the discharge, under the general direction of the Corporation, of any of the Corporation’s functions by a committee or by one or more of the members or employees of the Corporation.
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Corporation shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Corporation at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision. For the purposes of sub-paragraph (1), a general notification given at a meeting of the Corporation by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting. In this paragraph references to a meeting of the Corporation include references to a meeting of any of their committees.
The validity of any proceedings of the Corporation shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.
The Corporation shall appoint a chief executive of the Corporation, and may appoint such other employees as they may determine. If the Corporation determine to do so in the case of any of their employees, the Corporation shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Corporation may determine. If any employee of the Corporation— he may, if OFCOM so determine, be treated for the purposes of the pension scheme as if his service as a member of the Corporation were service as an employee of the Corporation.
The application of the seal of the Corporation shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.
Any document purporting to be an instrument issued by the Corporation and to be duly executed under the seal of the Corporation or to be signed on behalf of the Corporation shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
The Corporation shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury. The accounts of the Corporation shall be audited by auditors to be appointed by the Corporation with the approval of the Secretary of State. A person shall not be qualified to be appointed as a auditor in pursuance of sub-paragraph (2) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. The Corporation shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—
As soon as possible after the end of every financial year, the Corporation shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament. The report must include a report on the discharge by the Corporation of their duty under section 23A (sustainability duty of Corporation). The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement, and shall include such information (including information relating to the financial position of the Corporation) as the Secretary of State may from time to time direct.
Section 39.
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Section 50.
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with the conditions included in the licence in pursuance of paragraph 4 above (whether as originally imposed or as varied under sub-paragraph (2) of that paragraph), or
with the requirements specified in paragraph 3(2) above.
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Section 56.
S4C shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. S4C may do anything which appears to them to be incidental or conducive to the carrying out of their functions. In carrying out its functions S4C may carry on activities in any way whatever, including—
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S4C shall appoint a secretary and may appoint such other employees as they may determine. If S4C determine to do so in the case of any of their employees, S4C shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as S4C may determine. If a person— the person’s service as a non-executive member of the S4C Board may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee of S4C.
The application of the seal of S4C shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.
Any document purporting to be an instrument issued by S4C and to be duly executed under the seal of S4C or to be signed on behalf of S4C shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
S4C shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury. The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with the assets of S4C that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets. S4C must send a copy of its statement of accounts to the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each such report and certified statement. As soon as possible after the Secretary of State lays copies of the report and statement of accounts before Parliament, S4C must arrange for the report and certified statement to be laid before Senedd Cymru. S4C must ensure that each S4C subsidiary undertaking appoints the Comptroller and Auditor General as auditor, unless the S4C subsidiary undertaking requests the Comptroller and Auditor General’s permission to appoint another person and the Comptroller and Auditor General permits the appointment of that person as auditor. The Comptroller and Auditor General may inspect the accounts of any S4C subsidiary undertaking (regardless of who is appointed as auditor). S4C shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf— S4C must ensure that an S4C subsidiary undertaking, if told to do so by the Secretary of State or any person authorised by the Secretary of State, grants the Secretary of State or authorised person access to— In this paragraph “S4C subsidiary undertaking” means an undertaking which, for the purposes of the Companies Act 2006, is a subsidiary undertaking of S4C (see section 1162 of that Act).
As soon as possible after the end of every financial year, S4C shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The report shall also— In sub-paragraph (3), “contravention notification” means a notification of a determination by OFCOM of a contravention by S4C of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.
S4C may appoint, or arrange for the assistance of, advisory committees to give advice to them on such matters relating to S4C’s functions as S4C may determine.
Sections 67, 77 and 121.
It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person— for the purposes of any provision of Part I or Part II of this Act. A statement under this paragraph may set out different principles for persons holding different kinds of licences. Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury. OFCOM shall— and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament. This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).
For the purposes of any provision of Part I or Part II of this Act— shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM . No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue for any accounting period of a licence holder for the purposes of any provision of Part III of this Act. A statement under this paragraph may set out different principles for persons holding different kinds of licences. Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury. OFCOM shall— and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
For the purposes of any provision of Part III of this Act— shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM . No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Section 83.
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Section 127.
In this Schedule—
The IBA shall make a scheme under this Schedule for the division of all their property, rights and liabilities between— and references in this Schedule to the relevant transferees are references to the bodies specified in paragraphs (a) to (c) above. Where such a scheme is made by the IBA, it shall not be capable of coming into force in accordance with section 127(1) of this Act unless it is approved by the Secretary of State. Where such a scheme is submitted to the Secretary of State for his approval, he may modify the scheme before approving it. If— the Secretary of State may himself make a scheme for the division of the IBA’s property, rights and liabilities between the relevant transferees. If, at any time after the Secretary of State has either— but before the scheme has come into force in accordance with section 127(1) of this Act, the Secretary of State considers it appropriate to do so, he may determine that the scheme shall, on its so coming into force, come into force with such modifications as may be specified in his determination; and, in any such case, the scheme shall accordingly, on its coming into force, come into force with those modifications. If at any time after a transfer scheme has come into force— Any power to modify a transfer scheme which is conferred on the Secretary of State by this paragraph may be so exercised as to make any such provision as could have been made by the scheme, and an order under sub-paragraph (6) above may provide for any of its provisions to have effect as from the coming into force of the scheme to which it relates. In determining whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State shall have regard to the need to ensure that the division of property, rights and liabilities between the relevant transferees which is effected under this Schedule allocates property, rights and liabilities to those transferees in such a manner as appears to him to be appropriate— It shall be the duty of the IBA and each of the relevant transferees to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph. Nothing in this paragraph shall require a scheme under this Schedule to make provision— Those rights and liabilities are rights and liabilities acquired by the IBA in connection with the sharing by the IBA and the BBC of the use of facilities (of whatever description) in connection with the transmission of television programmes or local sound broadcasts.
A transfer scheme may— Without prejudice to the generality of sub-paragraph (1)(a), a transfer scheme may, in connection with any transfer to be made in accordance with the scheme, exclude from the transfer any rights and liabilities falling within paragraph 2(11) above and described in the scheme. A transfer scheme may also allocate to any of the relevant transferees such property, rights and liabilities to which the IBA may become entitled or subject after the making of the scheme and before the transfer date as may be described in the scheme. The property, rights and liabilities of the IBA that are capable of being transferred in accordance with a transfer scheme include— It is hereby declared for the avoidance of doubt that the rights and liabilities capable of being so transferred include rights and liabilities of the IBA under any agreement or arrangement for the payment of pensions, allowances or gratuities. An obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c) shall be enforceable by civil proceedings brought by the other relevant transferee in question for an injunction or interdict or for any other appropriate relief.
Where a transfer scheme comes into force on the transfer date, this sub-paragraph shall have effect on that date so as to transfer to each of the relevant transferees, in accordance with the scheme’s provisions and without further assurance, such of the property, rights and liabilities of the IBA as are allocated to that transferee by the scheme. A transaction of any description which is effected in pursuance of any provision included in a transfer scheme in accordance with this Schedule shall be binding on all persons, notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the IBA or any relevant transferee. Where apart from this sub-paragraph any person would have power, in consequence of anything done or likely to be done by or under this Act, to terminate or modify an interest or right which is vested in the IBA at the passing of this Act, then— Where, in consequence of any transfer made in accordance with a transfer scheme, all the property, rights and liabilities comprised in a particular part of the IBA’s undertaking are transferred to a relevant transferee—
This paragraph applies where— and in this paragraph references to a third party are references to any such person. Subject to sub-paragraph (3), the IBA shall take reasonable steps to identify any third party and to notify him of the effect of the transfer in question on any right or liability of his falling within sub-paragraph (1), and of the effect of sub-paragraph (4). A transfer scheme may provide that the duties imposed on the IBA by sub-paragraph (2) in relation to a transfer shall be imposed instead on such one of the relevant transferees as may be specified in the scheme. Where— such compensation as is just shall be paid to the third party by one or more of the relevant transferees. Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (4), or as to the person to or by whom it shall be paid, shall be referred to and determined by—
A transfer scheme may contain supplemental, consequential and transitional provisions for the purposes of, or in connection with, the division effected or any other provision made by the scheme. Without prejudice to the generality of sub-paragraph (1) above, a transfer scheme may provide—
A transfer scheme may provide for the imposition of duties— to take all such steps as may be requisite to secure that the vesting in any of those transferees, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law. The provisions of a transfer scheme may require the IBA to comply with any directions of any of the relevant transferees in performing any duty imposed on the IBA by virtue of a provision included in the scheme by virtue of sub-paragraph (1). A transfer scheme may provide that, until the vesting of any foreign property, right or liability of the IBA in a relevant transferee is effective under the relevant foreign law, it shall be the duty of the IBA to hold that property or right for the benefit of, or to discharge that liability on behalf of, that transferee. Nothing in any provision included in a transfer scheme by virtue of this paragraph shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in a relevant transferee, by virtue of the scheme, of any foreign property, right or liability. The IBA shall have all such powers as may be requisite for the performance of any duty imposed on them by any provision included in a transfer scheme by virtue of this paragraph; but such a scheme may require a relevant transferee to act on behalf of the IBA (so far as possible) for the purposes of, or in connection with, the performance of any such duty in relation to any property, right or liability vested in the transferee by virtue of the scheme. A transfer scheme may provide that any foreign property, rights or liabilities that are acquired or incurred by the IBA after the scheme comes into force are immediately to become property, rights or liabilities of such one of the relevant transferees as is specified in the scheme; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the IBA when the scheme comes into force. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Any expenses incurred by the IBA in consequence of any provision included in a transfer scheme by virtue of this paragraph shall be met by the relevant transferees in such proportions as may be determined by or under the scheme.
Subject to sub-paragraph (2), a certificate issued by the Secretary of State to the effect that any property, right or liability of the IBA vested at a particular time by virtue of this Schedule in one or more of the relevant transferees shall be conclusive evidence of the matters stated in the certificate. Nothing in any such certificate shall prejudice the operation of a certificate issued by virtue of a provision included in a transfer scheme by virtue of paragraph 6(2)(g) above.
If the Secretary of State so determines, the trustees of the Independent Broadcasting Authority Staff Pensions Plan shall refer to him, before such date as he may specify, the division and distribution of the relevant assets which is to be made by them for the purpose of making a transfer payment to a pension scheme established by the nominated company for its employees; and, if he does so, any such division and distribution of those assets and liabilities shall not be made by the trustees except— Where any such division and distribution is referred to the Secretary of State under sub-paragraph (1), he may by order direct that the relevant assets shall be divided and distributed by the trustees in such manner, and at such time, as is specified in the order; and any provision of— shall not have effect to the extent that it is inconsistent with the division and distribution of those assets in accordance with any such order. When making an order under sub-paragraph (2) the Secretary of State shall have regard to the interests of all classes of persons who are for the time being beneficiaries or potential beneficiaries under the Plan referred to in sub-paragraph (1). In this paragraph— An order under sub-paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This paragraph applies to any liabilities to which the IBA are subject on or after the transfer date, being liabilities which— Any sums required by the IBA for the purpose of discharging any liabilities to which this paragraph applies shall be paid to them by the Secretary of State out of money provided by Parliament. Any payments made to the IBA under sub-paragraph (2) may be so made subject to such conditions as the Secretary of State may determine with the approval of the Treasury.
The IBA shall, as soon as possible after the transfer date, prepare such a statement of accounts as is mentioned in subsection (1) of section 42 of the Act 1981 (accounts and audit) in respect of the period between— whether that period is a financial year or not; and that section shall continue to apply on and after that date in relation to the auditing of accounts kept in accordance with that subsection in respect of that period. The IBA shall, as soon as possible after the transfer date, prepare and transmit to the Secretary of State, in accordance with section 43 of that Act (annual reports), such a report as is mentioned in subsection (1) of that section in respect of the period between— whether that period is a financial year or not. Subsection (2) of that section shall apply to any such report as if the references to the statement of accounts for the year in question included references to the statement of accounts prepared in accordance with sub-paragraph (1) above. The Secretary of State shall lay copies of any such report before each House of Parliament. Any expenses incurred by the IBA under this paragraph shall be met by such one or more of the relevant transferees, and (if more than one) in such proportions, as may be determined by or under a transfer scheme.
Section 128.
Sub-paragraph (2) below shall have effect for the purposes of, or in connection with, the vesting in the Commission by virtue of section 128(1) of this Act of property, rights or liabilities of the Cable Authority. Any agreement made, transaction effected or other thing done by or in relation to the Cable Authority which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by or in relation to the Commission, in all respects as if the Commission were the same person, in law, as the Cable Authority; and accordingly references to the Cable Authority— shall be taken as from the transfer date as referring to the Commission.
Where immediately before the transfer date there is in force an agreement which— the agreement shall have effect, in relation to anything falling to be done on or after the transfer date, as if for that reference there were substituted a reference to such person as the Commission may appoint or, in default of appointment, to the member or employee of the Commission who corresponds as nearly as possible to the member or officer of the Authority in question. References in this paragraph to an agreement include references to a deed, bond or other instrument.
It is hereby declared for the avoidance of doubt that— Accordingly, for the purposes of any such agreement or arrangement as it has effect as from the transfer date, any period of employment with the Cable Authority shall count as employment with the Commission. The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to the transfer to the Commission, by virtue of section 128(1), of the undertaking of the Cable Authority, whether or not they would otherwise so apply; and that undertaking shall accordingly (whether or not it would otherwise be so regarded) be regarded for the purposes of those Regulations as an undertaking in the nature of a commercial venture.
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Section 129.
In this Schedule—
During the period beginning with the transfer date and ending with 31st December 1992 (referred to in this Schedule as “the interim period”) the following television broadcasting services, namely— shall be provided by the Commission in accordance with this Part of this Schedule. The services provided by the Commission as mentioned in sub-paragraph (1) shall be of high quality both as to the transmission and as to the matter transmitted and (subject to paragraph 3(1) below) shall be provided by the Commission for so much of the United Kingdom as may from time to time be reasonably practicable. During the interim period the following provisions of the 1981 Act, namely— shall (subject to the provisions of this Part of this Schedule) have effect in connection with the provision of those services by the Commission as they had effect, immediately before the transfer date, in connection with the provision of those services by the IBA. The provisions specified in sub-paragraph (3) above shall have effect in accordance with that sub-paragraph with the following general modifications, namely— Section 3(2)(b) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the substitution of the following sub-paragraph for sub-paragraph (ii)—and. Section 8 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the omission of subsections (6) to (9) of that section; but (except in the case of any programme to which the Commission determine that the following prohibition is not to apply) none of the broadcasting services provided by the Commission as mentioned in sub-paragraph (1) above shall include a programme which is sponsored by any person whose business consists, wholly or mainly— the advertising of which in any such broadcasting service is prohibited by virtue of any provision of that Act (as applied by this paragraph) or of the code under section 9 of that Act (as so applied). Section 9 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if— and the Commission may give effect to paragraph (a) above by making modifications to the code in force under section 9 immediately before the transfer date. Section 29(5) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if the reference to requiring the IBA by notice in writing to do, or not to do, anything mentioned in that provision were a reference to requiring the Commission by notice in writing to direct any programme contractor specified in the notice— Without prejudice to the generality of sub-paragraph (5) of paragraph 2 below, the Commission may make such variations of a contract to which sub-paragraph (1) of that paragraph applies as appear to them to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on them under section 28 or 29 of the 1981 Act (as applied by this paragraph).
Sections 2(3) and 14(2) of the 1981 Act shall have effect in relation to the Commission and the programmes and teletext transmissions broadcast by them in the services provided by them as mentioned in paragraph 1(1) above as they had effect immediately before the transfer date in relation to the IBA and the programmes and teletext transmissions broadcast by them in the services mentioned in paragraph 1(1); and where a contract between the IBA and a programme contractor or a teletext contractor is effective immediately before that date— During the interim period the following provisions of the 1981 Act, namely— shall have effect in relation to any contract to which sub-paragraph (1) applies, or (as the case may be) in relation to the programme contractor or teletext contractor under any such contract, subject to the modifications specified in sub-paragraph (3) and subject also to paragraphs 4 and 5 below. The modifications of the provisions specified in sub-paragraph (2) are as follows— The Commission shall do all that they can to secure that during the interim period no person who is, or is an associate of, a TV programme contractor— in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the area for which television programmes are to be provided under the TV programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act. The Commission may make such variations of a contract to which sub-paragraph (1) applies as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.
Channel 4 shall be provided by the Commission during the interim period for so much of England, Scotland and Northern Ireland as may from time to time be reasonably practicable. The programmes (other than advertisements) broadcast by the Commission on Channel 4 shall (without prejudice to section 12(2) of the 1981 Act, as applied by this paragraph) be provided by the Commission. In consequence of sub-paragraph (2), sections 3(2) and 6 of the 1981 Act (as applied by paragraph 1 above) do not apply in the case of Channel 4. Subject to the modifications specified in sub-paragraph (5), sections 11 to 13 of the 1981 Act shall have effect in connection with the provision of Channel 4 by the Commission during the interim period as they had effect immediately before the transfer date in connection with the provision of that service by the IBA. The modifications of the provisions specified in sub-paragraph (4) are as follows—
For the purposes of— teletext transmissions shall not be treated as programmes; but this is subject to sub-paragraph (2) and to any of those provisions of the 1981 Act which expressly requires such transmissions to be so treated for the purposes of any particular provision. In paragraphs 1(8) and 2(3)(b) above and 10 below and in the provisions specified in Part I of Schedule 3 to the 1981 Act (as they have effect in accordance with this Part of this Schedule)— In section 3(2) of the 1981 Act, in its application to teletext transmissions or teletext contractors by virtue of sub-paragraph (2), the reference to section 2(3) of that Act shall be read as a reference to section 14(2) of that Act (as it has effect by virtue of paragraph 2(1) above). The following provisions of the 1981 Act, namely— shall not have effect by virtue of paragraph 2(2) above in relation to teletext contractors or their contracts.
The following provisions of the 1981 Act, namely— shall not have effect by virtue of paragraph 1(3) or 2(2) above in connection with the provision of DBS services by the Commission or (as the case may be) in relation to DBS contractors or their contracts. Every contract between the Commission and a DBS programme contractor shall contain all such provisions as the Commission think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor. For the purpose of enabling a DBS programme or teletext contractor to make charges for the reception of programmes provided by him or transmissions containing material so provided, the Commission may, notwithstanding anything in the 1981 Act as it has effect in accordance with this Part of this Schedule, broadcast the programmes or transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent persons from receiving them unless they obtain from the contractor the means of doing so. Where under the power conferred by sub-paragraph (3) the Commission broadcast programmes or transmissions in such a form as is mentioned in that sub-paragraph, nothing in the 1981 Act (as it so has effect) shall be taken as requiring the Commission to permit advertisements to be included in the programmes or transmissions. Where any service falling within section 46(1) of this Act is provided during the interim period on any of the spare capacity within the frequencies on which any DBS services are provided by the Commission in accordance with this Part of this Schedule, that service is licensable under section 47 of this Act as a licensable programme service, and not otherwise.
Subject to the provisions of this paragraph and paragraph 7 below, S4C shall be provided during the interim period by the Welsh Authority in accordance with Chapter VI of Part I of this Act. During that period— So much of section 4(1)(d) of the 1981 Act (as applied by paragraph 1 above) as relates to cases where another language as well as English is in common use among persons served by the station or stations in question, shall, in the case of programmes broadcast by the Commission on ITV for reception wholly or mainly in Wales, apply only to languages other than Welsh.
During the interim period the programmes broadcast by the Welsh Authority on S4C for reception in the area of any TV programme contractor may, so long as the provisions of the 1981 Act (as applied by this Part of this Schedule) are complied with in relation thereto, include advertisements provided for insertion therein by that contractor in consideration of payments to him. Any such TV programme contractor shall have the right to provide advertisements for inclusion in the programmes broadcast on S4C for reception in his area so long as— In sub-paragraph (2) “the required payments” means such payments as are required to be paid by the programme contractor by virtue of any provision of his contract included in pursuance of section 13(2) of the 1981 Act. For any period in which programmes are to be broadcast on S4C for reception in the area of a TV programme contractor it shall be the duty of the Welsh Authority to make suitable arrangements— No period allocated by the Welsh Authority to the broadcasting of advertisements on S4C shall be located— Orders for the inclusion by a TV programme contractor of advertisements among those provided by him for insertion in the programmes broadcast on S4C may be received either through advertising or other agents or direct from the advertiser. During the interim period— So long as any directions given under section 9(4) of the 1981 Act (whether by the IBA or by the Commission) remain in force, the Welsh Authority shall, in broadcasting advertisements on S4C, give effect to the provisions of the directions as if they were provisions regulating the times when advertisements are to be allowed to be broadcast on S4C. Section 60(1) to (4) and (6) of this Act shall not have effect in relation to the Welsh Authority during the interim period.
For each financial year, or part of a financial year, falling within the interim period the Commission shall (unless any payment has already been made in respect of it under section 39(1) of the 1981 Act) pay to the Welsh Authority— For the purposes of section 32(1)(a) of the 1981 Act (as applied by paragraph 2 above) all sums paid by the Commission to the Welsh Authority in pursuance of sub-paragraph (1) above shall be treated as expenditure properly incurred in respect of the part of the Commission’s undertaking which consists of the provision of television broadcasting services. In deciding from time to time whether to make any, and if so what, use of his power under subsection (8) of section 32 of the 1981 Act (as so applied) to amend by order subsections (4) and (5) of that section the Secretary of State may have regard to any increase in the aggregate amount of the payments to be made under the head described in subsection (1)(a) of that section which is attributable to the provisions of sub-paragraph (1). The provisions applied to the Welsh Authority by section 52(2) of the 1981 Act shall continue to apply to them on and after the transfer date in relation to any financial year ending before that date; and paragraphs 12 and 13 of Schedule 6 to this Act shall accordingly apply in relation to any subsequent financial year.
Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any television broadcasting service provided by the Commission in accordance with this Part of this Schedule.
Part V of this Act shall have effect as if— Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Commission shall make such variations of any contract to which paragraph 2(1) above applies as appear to them to be appropriate— For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the interim period, the Secretary of State shall notify to the Commission the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts to which paragraph 2(1) above applies, towards the expenses of the BCC; and the Commission shall pay to the Secretary of State any sum notified to them under this sub-paragraph. Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the interim period as if the reference to the BBC or the Welsh Authority included a reference to the Commission. In this paragraph “the BCC” means the Broadcasting Complaints Commission.
Part VI of this Act shall have effect during the interim period as if—
section 152(2) of this Act included a reference to any television programme broadcast by the Commission during that period;
the Commission were— a broadcasting body within the meaning of that Part of this Act; and
in relation to the provision by them of television broadcasting services in accordance with this Part of this Schedule, and
in relation to the broadcasting of advertisements on S4C during the interim period,
the Welsh Authority accordingly were not a broadcasting body within the meaning of that Part of this Act in relation to any such broadcasting of advertisements on S4C.
Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA— shall, if in force or effective immediately before the transfer date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Commission. Anything which immediately before that date was in the process of being done by or in relation to the IBA may, if it was being so done as mentioned in paragraphs (a) and (b) of sub-paragraph (1), be continued on or after that date by or in relation to the Commission. Sections 61 and 62 of the 1981 Act shall have effect during the interim period for the relevant purposes as if any reference to the IBA were a reference to the Commission. In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect during the interim period in accordance with this Part of this Schedule.
Where any contract which, by virtue of paragraph 2(1) in Part II of this Schedule, has effect as a contract between the Commission and a DBS programme contractor is effective immediately before the relevant date— In sub-paragraph (1) “multichannel service” means a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies. Any licence granted in pursuance of sub-paragraph (1) shall be so granted notwithstanding anything in sections 15 to 17 of this Act (as applied by section 44 of this Act); and nothing in section 19 of this Act (as so applied) shall apply to any such licence until such time (if any) as it is renewed in accordance with sub-paragraph (4). Section 20 of this Act (as so applied) shall apply to any such licence as if— Where any such licence is to be renewed in accordance with sub-paragraph (4), the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in consequence of sub-paragraph (3). Section 3(3) shall, in its application in relation to any such licence, have effect— Section 41 shall have effect in relation to any such licence with the omission of subsection (2); and the maximum amount which the holder of any such licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be the sum for the time being specified in section 45(6). Except as provided in the preceding provisions of this paragraph, Part I of this Act applies to a licence granted in pursuance of this paragraph as it applies to any other licence to provide a domestic satellite service. In this Part of this Schedule—
The Secretary of State may by order provide for such of the provisions of sections 32 to 35 of, and Schedule 4 to, the 1981 Act as are specified in the order to have effect (subject to such modifications as are so specified)— with a view to making provision for and in connection with the making by the holder of any such licence to the Commission of payments determined in accordance with section 32 of that Act in respect of profits or advertising revenue (or both) within the meaning of that section. Any such order shall be so framed as to secure that, subject to such modifications as the Secretary of State considers appropriate and to sub-paragraph (4), the provisions of the 1981 Act applied by the order as mentioned in sub-paragraph (1)(a) and (b) so apply in a similar way to that in which they applied immediately before the relevant date in relation to a DBS programme contractor or (as the case may be) in relation to the contract of any such contractor. Without prejudice to the generality of sub-paragraph (2), any such order shall provide for any excess of a DBS programme contractor’s relevant expenditure over his relevant income to be carried forward and treated as relevant expenditure for the purpose of computing his profits as the holder of a licence granted in pursuance of paragraph 1 above. Expressions used in this sub-paragraph which are also used in Schedule 4 to the 1981 Act have the same meaning as in that Schedule. The power of the Secretary of State to make an order under subsection (8) of section 32 of the 1981 Act shall include power to make an order amending any of the provisions of subsections (4) and (5) of that section in so far as they have effect, by virtue of sub-paragraph (1), in relation to the holder of a licence granted in pursuance of paragraph 1 above. Where an order under sub-paragraph (1) comes into force at any time after the relevant date, the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary any licence granted in pursuance of paragraph 1 above by including in it such conditions as appear to them to be necessary or expedient in consequence of the order. Nothing in any such order shall impose on the holder of any such licence any liability to make any payment in respect of any time when any conditions included in the licence in accordance with paragraph 1(5) above are in force. An order shall not be made by the Secretary of State under sub-paragraph (1) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Where any contract which, by virtue of paragraph 2(1) in Part II of this Schedule, has effect as a contract between the Commission and a DBS teletext contractor is effective immediately before the relevant date— Any such licence shall be so granted notwithstanding anything in sections 50 and 51 of this Act; and nothing in section 52 of this Act shall apply to any such licence until such time (if any) as it is renewed in accordance with sub-paragraph (3). Section 53 of this Act shall apply to any such licence as if— Where any such licence is to be renewed in accordance with sub-paragraph (3), the Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in consequence of sub-paragraph (2). Section 3(3) shall, in its application in relation to any such licence, have effect— Section 55 shall have effect in relation to any such licence with the omission of subsection (2); and the maximum amount which the holder of any such licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1) of that section shall instead be the sum for the time being specified in section 45(6). In sub-paragraph (1)(b) above the reference to spare capacity within the frequencies referred to in that provision includes a reference to spare capacity within those frequencies which (not being spare capacity within the signals carrying a television broadcasting service) is not spare capacity within the meaning of Part I of this Act; and references in that Part of this Act (however expressed) to the spare capacity authorised to be used under an additional services licence shall, in relation to any such licence as is mentioned in sub-paragraph (1)(b), accordingly be construed as including a reference to spare capacity within those frequencies which is not spare capacity within the meaning of that Part of this Act. Except as provided in the preceding provisions of this paragraph, Part I of this Act applies to a licence granted in pursuance of this paragraph as it applies to any other additional services licence.
So long as any contracts for the provision of local sound broadcasts continue in force on and after the transfer date by virtue of paragraph 2(1) below, the Authority shall provide, in accordance with this Part of this Schedule, local sound broadcasting services consisting in the broadcasting of programmes provided by the programme contractors under those contracts. The services provided by the Authority as mentioned in sub-paragraph (1) shall be of high quality both as to the transmission and as to the matter transmitted, and shall be provided for the localities in the United Kingdom for which the programmes in question are to be provided by the programme contractors under their contracts. As from the transfer date the following provisions of the 1981 Act, namely— shall have effect in connection with the provision of those services by the Authority as they had effect, immediately before the transfer date, in connection with the provision of local sound broadcasting services by the IBA. The provisions specified in sub-paragraph (3) above shall have effect in accordance with that sub-paragraph with the following general modifications, namely— Section 3(2)(b) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the substitution of the following sub-paragraph for sub-paragraph (ii)—. Section 8 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above with the omission of subsections (6) to (9) of that section; but (except in the case of any programme to which the Authority determine that the following prohibition is not to apply) none of the broadcasting services provided by the Authority as mentioned in sub-paragraph (1) above shall include a programme which is sponsored by any person whose business consists, wholly or mainly— the advertising of which in any such broadcasting service is prohibited by virtue of any provision of that Act (as applied by this paragraph) or of the code under section 9 of that Act (as so applied). Section 9 of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if— and the Authority may give effect to paragraph (a) above by making modifications to the code in force under section 9 immediately before the transfer date. Section 29(5) of the 1981 Act shall have effect in accordance with sub-paragraph (3) above as if the reference to requiring the IBA by notice in writing to do, or not to do, anything mentioned in that provision were a reference to requiring the Authority by notice in writing to direct any programme contractor specified in the notice— Without prejudice to the generality of sub-paragraph (6) of paragraph 2 below, the Authority may make such variations of a contract to which sub-paragraph (1) of that paragraph applies as appear to them to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on them under section 28 or 29 of the 1981 Act (as applied by this paragraph).
Section 2(3) of the 1981 Act shall have effect in relation to the programmes broadcast by the Authority in accordance with paragraph 1(1) above as if— As from the transfer date the following provisions of the 1981 Act, namely— shall have effect in relation to any contract which continues in force by virtue of sub-paragraph (1), or (as the case may be) in relation to the programme contractor under any such contract, subject to the modifications specified in sub-paragraph (4). The modifications of the provisions specified in sub-paragraph (3) are as follows— The Authority shall do all that they can to secure that, so long as any contract continues in force by virtue of sub-paragraph (1), neither the programme contractor under the contract nor any associate of his— in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the locality for which local sound broadcasts are to be provided under the programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act. The Authority may make such variations of a contract which continues in force by virtue of sub-paragraph (1) as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.
Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any local sound broadcasting service provided by the Authority in accordance with this Part of this Schedule.
Part V of this Act shall have effect as if— Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Authority shall make such variations of any contract which continues in force by virtue of paragraph 2(1) above as appear to them to be appropriate— For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the period during which the Authority provide local sound broadcasting services in accordance with this Part of this Schedule, the Secretary of State shall notify to the Authority the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts which continue in force by virtue of paragraph 2(1) above, towards the expenses of the BCC; and the Authority shall pay to the Secretary of State any sum notified to them under this sub-paragraph. Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the period referred to in sub-paragraph (3) above as if the reference to the BBC or the Welsh Authority included a reference to the Authority. In this paragraph “the BCC” means the Broadcasting Complaints Commission.
Part VI of this Act shall have effect as if—
section 152(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and
the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.
Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA— shall, if in force or effective immediately before that date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Authority. Anything which immediately before that date was in the process of being done by or in relation to the IBA may, if it was being so done as mentioned in paragraphs (a) and (b) of sub-paragraph (1), be continued on or after that date by or in relation to the Authority. As from that date sections 61 and 62 of the 1981 Act shall have effect for the relevant purposes as if any reference to the IBA were a reference to the Authority. In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect as from the transfer date in accordance with this Part of this Schedule.
The Authority may, if the programme contractor under a relevant contract so requests— In sub-paragraph (1) “relevant contract” means a contract which (apart from that sub-paragraph) would continue in force by virtue of paragraph 2(1) in Part IV of this Schedule. A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force for such period as the Authority may determine, except that the licence shall not expire—
Any contract which— shall cease to have effect on that date; but, if the first-mentioned programme contractor so requests at any time before that date, the Authority may, subject to paragraph 3(2) below, grant to him as from that date a licence to provide a local service for that locality. A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force until 31st December 1994.
A request for the grant of a licence which is made to the Authority by any person in pursuance of paragraph 1(1) or 2(1) above must be in writing and accompanied by— The Authority shall not grant a licence to any person in pursuance of paragraph 1(1) or 2(1) above unless they are satisfied that the service proposed to be provided by that person would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons. Section 104 of this Act shall not apply in relation to the grant of any such licence. Section 106(1) of this Act shall apply to any such licence as if for “when making his application” there were substituted “ in pursuance of paragraph 3(1) in Part V of Schedule 11 ”. In section 86(4) of this Act the reference to Part III of this Act shall include a reference to this Part of this Schedule. Except as provided in the preceding provisions of this paragraph, Part III of this Act applies to a licence granted in pursuance of paragraph 1(1) or 2(1) above as it applies to any other local licence granted under that Part.
Where the contract of a programme contractor is terminated by the Authority under this Part of this Schedule, the termination of that contract shall not affect any liability of his which has accrued under or by virtue of the contract before its termination. Where any such contract is so terminated but the programme contractor is granted a local licence as from the date of its termination, any agreement— shall (unless it expressly provides otherwise) have effect as from that date with such modifications as are necessary to take account of the replacement of the contract by the licence or of the contractor’s new status as the holder of the licence (as the case may require). References in sub-paragraph (2) to an agreement include references—
Section 134.
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The BCC shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. It shall be within the capacity of the BCC as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under this Act.
A person shall be disqualified for being a member of the BCC so long as he is— Before appointing a person to be a member of the BCC the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the BCC; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the BCC that he has no such interest. Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the BCC shall, whenever requested by the Secretary of State to do so, furnish him with such information as the Secretary of State considers necessary for the performance by him of his duties under sub-paragraph (2).
Subject to the following provisions of this paragraph, each member of the BCC shall hold and vacate office in accordance with the terms of his appointment. A person shall not be appointed to be a member of the BCC for more than five years at a time. Any member of the BCC may at any time resign his office by notice in writing to the Secretary of State.
The BCC may pay to each member such remuneration and allowances as the Secretary of State may determine. The BCC may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine. Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the BCC may make a payment to him of such amount as the Secretary of State may determine. The approval of the Treasury shall be required for any determination under this paragraph.
Subject to paragraph 6 and to the provisions of Part V of this Act, the quorum of the BCC and the arrangements relating to their meetings shall be such as the BCC may determine. The arrangements may provide for the discharge, under the general direction of the BCC, of any of the BCC’s functions by a committee or by one or more of the members or employees of the BCC.
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the BCC shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— Sub-paragraph (1)(b) shall not apply in relation to any meeting of the BCC at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision. For the purposes of sub-paragraph (1), a general notification given at a meeting of the BCC by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the BCC in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting. In this paragraph references to a meeting of the BCC include references to a meeting of any of their committees.
The validity of any proceedings of the BCC shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 6.
The BCC may appoint such number of employees as they may determine. The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the BCC. If the BCC determine to do so in the case of any of their employees, the BCC shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the BCC may determine. Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury. If any employee of the BCC— he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the BCC were service as an employee of the BCC. The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the BCC.
The Secretary of State shall pay to the BCC— Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
The application of the seal of the BCC shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.
Any document purporting to be an instrument issued by the BCC and to be duly executed under the seal of the BCC or to be signed on behalf of the BCC shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
The BCC shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury. The accounts of the BCC shall be audited by auditors to be appointed by the BCC with the approval of the Secretary of State. A person shall not be qualified to be appointed as an auditor in pursuance of sub-paragraph (2) above unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989. The BCC shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—
The Council shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. It shall be within the capacity of the Council as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under this Act.
A person shall be disqualified for being a member of the Council so long as he is— Before appointing a person to be a member of the Council the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Council; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Council that he has no such interest. Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the Council shall, whenever requested by the Secretary of State to do so, furnish him with such information as the Secretary of State considers necessary for the performance by him of his duties under sub-paragraph (2).
Subject to the following provisions of this paragraph, each member of the Council shall hold and vacate office in accordance with the terms of his appointment. A person shall not be appointed to be a member of the Council for more than five years at a time. Any member of the Council may at any time resign his office by notice in writing to the Secretary of State.
The Council may pay to each member such remuneration and allowances as the Secretary of State may determine. The Council may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine. Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Council may make a payment to him of such amount as the Secretary of State may determine. The approval of the Treasury shall be required for any determination under this paragraph.
The Broadcasting Standards Council and a corresponding amendment shall be made in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
Subject to paragraph 7 and to the provisions of Part VI of this Act, the quorum of the Council and the arrangements relating to their meetings shall be such as the Council may determine. The arrangements may provide for the discharge, under the general direction of the Council, of any of the Council’s functions by a committee or by one or more of the members or employees of the Council.
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Council shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Council at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision. For the purposes of sub-paragraph (1), a general notification given at a meeting of the Council by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the Council in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting. In this paragraph references to a meeting of the Council include references to a meeting of any of their committees.
The validity of any proceedings of the Council shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 7.
The Council may appoint such number of employees as they may determine. The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Council. If the Council determine to do so in the case of any of their employees, the Council shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Council may determine. Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury. If any employee of the Council— he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Council were service as an employee of the Council. The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Council.
The Secretary of State shall pay to the Council— Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
The application of the seal of the Council shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.
Any document purporting to be an instrument issued by the Council and to be duly executed under the seal of the Council or to be signed on behalf of the Council shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
It shall be the duty of the Council— The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Council and shall lay a copy of every such statement and of his report before each House of Parliament.
Section 162.
In this Schedule— and other expressions used in this Schedule which are also used in the 1959 Act have the same meaning as in that Act.
Where— the 1959 Act shall have effect as if that matter had been included in that programme by that other person (as well as by the person referred to in sub-paragraph (a)).
any matter is included by any person in a relevant programme in circumstances falling within section 1(5) of the 1959 Act, and
that matter has been provided, for inclusion in that programme, by some other person,
It is hereby declared that where a person has an obscene article in his ownership, possession or control with a view to the matter recorded on it being included in a relevant programme, the article shall be taken for the purposes of the 1959 Act to be an obscene article had or kept by that person for publication for gain.
Proceedings for an offence under section 2 of the 1959 Act for publishing an obscene article shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where— took place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication in respect of which the defendant would be charged if the proceedings were brought. Proceedings for an offence under section 2 of the 1959 Act for having an obscene article for publication for gain shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where— was to take place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication which, if the proceedings were brought, the defendant would be alleged to have had in contemplation. Without prejudice to the duty of a court to make an order for the forfeiture of an article under section 1(4) of the Obscene Publications Act 1964 (orders on conviction), in a case where by virtue of sub-paragraph (2) above proceedings under section 2 of the 1959 Act for having an article for publication for gain could not be instituted except by or with the consent of the Director of Public Prosecutions, no order for the forfeiture of the article shall be made under section 3 of the 1959 Act (power of search and seizure) unless the warrant under which the article was seized was issued on an information laid by or on behalf of the Director of Public Prosecutions.
A person shall not be convicted of an offence under section 2 of the 1959 Act in respect of the inclusion of any matter in a relevant programme if he proves that he did not know and had no reason to suspect that the programme would include matter rendering him liable to be convicted of such an offence. Section 4(2) of that Act (admissibility of opinions of experts) shall apply for the purposes of sub-paragraph (2) above as it applies for the purposes of section 4(1) and (1A) of that Act.
Without prejudice to section 2(4) of the 1959 Act, a person shall not be proceeded against for an offence at common law—
in respect of a relevant programme or anything said or done in the course of such a programme, where it is of the essence of the common law offence that the programme or (as the case may be) what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or
in respect of an agreement to cause a programme to be included in a programme service or to cause anything to be said or done in the course of a programme which is to be so included, where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.
Section 171.
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in subsection (1), at the beginning insert “Subject to subsection (1A) below,”; and
after subsection (1) insert the following subsection—
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Section 176.
This paragraph applies where the person providing a programme service has assigned to another the copyright in works containing information to which this Schedule applies. The person providing the programme service, not the assignee, is to be treated as the owner of the copyright for the purposes of licensing any act restricted by the copyright done on or after the day on which this paragraph comes into force. Where the assignment by the person providing the programme service occurred before 29th September 1989 then, in relation to any act restricted by the copyright so assigned—
Paragraph 4 applies to any act restricted by the copyright in works containing information to which this Schedule applies done by the publisher if— The reference in sub-paragraph (1) to refusing to grant a licence includes failing to do so within a reasonable time of being asked. References below in this Schedule to the terms of payment are to the terms as to payment for doing any act restricted by the copyright in works containing information to which this Schedule applies.
A publisher intending to avail himself of the right conferred by paragraph 4 must— Before exercising the right the publisher must—
Where the publisher, on or after the date specified in a notice under paragraph 3(1)(b), does any act in circumstances in which this paragraph applies, he shall, if he makes the payments required by this paragraph, be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence to do so granted by the person providing the programme service. Payments are to be made at not less than quarterly intervals in arrears. The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under paragraph 5 or, if no such order has been made—
On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances. An order under sub-paragraph (1) has effect from the date the applicant begins to exercise the right conferred by paragraph 4 and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.
A person exercising the right conferred by paragraph 4, or the person providing the programme service, may apply to the Tribunal to review any order under paragraph 5. An application under sub-paragraph (1) shall not be made, except with the special leave of the Tribunal— On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances. An order under this paragraph has effect from the date on which it is made or such later date as may be specified by the Tribunal.
This Schedule and the Copyright, Designs and Patents Act 1988 shall have effect as if the Schedule were included in Chapter III of Part I of that Act, and that Act shall have effect as if proceedings under this Schedule were listed in section 149 of that Act (jurisdiction of the Copyright Tribunal). References in this Schedule to anything done by the publisher include anything done on his behalf. References in this Schedule to works include future works, and references to the copyright in works include future copyright.
Section 180.
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In section 19 (interpretation), insert the following subsection after subsection (2)—
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subsections (1), (2), (4) and (5) of section 1 (registration of dealers),
subsections (1), (3) and (6) of section 2 (notification and recording of transactions),
subsection (1) of section 3 (power to call for additional information),
subsections (1) and (2) of section 4 (service of notices, etc.), and
subsections (3) to (5) of section 5 (offences and enforcement),
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for “him” substitute “them”; and
for “he” substitute “they”.
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in subsection (3), for “his” substitute “their”; and
in subsection (5), after “came to” insert “their or”.
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“the BBC” means the British Broadcasting Corporation;
at the end of the definition of “prescribed” add “after consultation with the BBC”.
Section 183.
The Service shall be a body corporate. The Service shall not be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown. It shall be within the capacity of the Service as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 183 of this Act.
Subject to sub-paragraphs (1A) and (2), each member of the Service shall hold and vacate office in accordance with the terms of his appointment. A person is not to be appointed as a member of the Service for a term of more than four years (but a person so appointed shall be eligible for re-appointment at the end of his term of office). Any member of the Service may at any time resign his office by notice to OFCOM. OFCOM may pay to each member such remuneration and allowances as they may determine.
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Subject to paragraph 5, the quorum of the Service and the arrangements relating to their meetings shall be such as the Service may determine. The arrangements may, with the approval of OFCOM , provide for the discharge, under the general direction of the Service , of any of the Service ’s functions by a committee or by one or more of the members or employees of the Service .
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Service shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Service at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision. For the purposes of sub-paragraph (1), a general notification given at a meeting of the Service by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting of the Service in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting. In this paragraph references to a meeting of the Service include references to a meeting of any of their committees.
The validity of any proceedings of the Service shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 5.
The Service may appoint such employees as they may determine with the consent of OFCOM as to numbers and terms of employment. If the Service determine to do so in the case of any of their employees, the Service shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Service may determine. The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Service. A person who is an employee of the Service is not to be eligible to be appointed as a member of the Service.
There shall be defrayed out of the Gaelic Broadcasting Fund—
any expenses incurred by OFCOM —
by virtue of paragraph 2,
in paying the salaries of any employees of OFCOM whose services have been furnished to the Service by OFCOM, or
in connection with providing the Service with office accommodation or other facilities;
any expenses incurred by the Service by virtue of paragraph 7; and
with the approval of OFCOM ..., any other expenses incurred by the Service.
The Service must pay all their receipts to OFCOM. OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).
The application of the seal of the Service shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.
Any document purporting to be an instrument issued by the Service and to be duly executed under the seal of the Service or to be signed on behalf of the Service shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
The Service shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as OFCOM may direct. The accounts of the Service shall be audited by auditors to be appointed by the Service with the approval of OFCOM . A person shall not be qualified to be appointed in pursuance of sub-paragraph (2) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. The Service shall at all reasonable times upon demand made by OFCOM ... or by any persons authorised by OFCOM ... in that behalf—
As soon as possible after the end of each financial year, the Service shall prepare a general report of their proceedings during that year and transmit it to OFCOM. The report must include a statement of how the Service are proposing to carry out their functions during the next financial year. The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement. OFCOM shall send a copy of each annual report received by them in accordance with this paragraph to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 203(1).
Section 3 (protection in respect of proceedings for printing extracts from or abstracts of parliamentary papers) shall have effect as if the reference to printing included a reference to including in a programme service.
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In section 28 (powers of entry)— Sections 39 . . . (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as they apply in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.
In section 36 (power to enter studios)— Section 46 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as it applies in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.
In section 1(7) (admission of public to meetings of local authorities and other bodies), for the words from “or for” to “licensed” substitute “ or for programme services (within the meaning of the Broadcasting Act 1990) other than sound or television broadcasting services ”.
In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—.
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In section 39(2) (interpretation), for “or in a programme included in a cable programme service” substitute “ or in any programme included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.
In section 58(1) (prohibition of publication of proceedings in a children’s hearing), for the words “broadcast or a programme included in cable programme service”—
in the first place where they occur, substitute “ programme included in a programme service (within the meaning of the Broadcasting Act 1990) ”; and
in the second place where they occur, substitute “ programme included in such a programme service ”.
In section 7(2)(b) (exceptions for performance given in certain circumstances), for sub-paragraph (iii) substitute—.
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In section 100K (interpretation and application of Part VA of the Act), in paragraph (b) of the definition of “newspaper”, for sub-paragraph (ii) substitute—.
In section 148(1) (interpretation), in the definition of “newspaper”, for the words from “or for” onwards substitute “ or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.
In section 13(4) (interpretation), for paragraphs (c) and (d) substituteor
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In subsection (2) of sections 169 and 374 (restrictions on report of proceedings involving person under 16), for the words from “broadcasts” to “service” substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990) ”.
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in subsection (1), for paragraphs (b) and (c) substitute—;
in subsection (3), for paragraphs (ii) and (iii) substitute—;
in subsection (9)—
for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “the holder of a relevant licence, they shall consult the appropriate authority”; and
for “that Authority” substitute “the appropriate authority”;
omit subsection (9A);
in subsection (10), for “programme contractor” substitute “holder of a relevant licence”; and
for subsection (11) substitute—
In section 17 (the Scottish Development Agency and the media), for “Cable and Broadcasting Act 1984” substitute “ Broadcasting Act 1990 ”.
In section 19 (the Welsh Development Agency and the media)—
in subsection (1), for paragraphs (b) and (c) substitute—;
in subsection (3), for paragraphs (ii) and (iii) substitute—;
in subsection (9)—
for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “ the holder of a relevant licence, they shall consult the appropriate authority ”; and
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omit subsection (9A);
in subsection (10), for “programme contractor” substitute “ holder of a relevant licence ”; and
for subsection (11) substitute—
In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” insert “ or the Broadcasting Act 1990 ”.
In section 4 (anonymity of complainants in rape etc. cases)— In section 5(5) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”. In section 7(6) (extent to Northern Ireland), for “broadcast or inclusion in a cable programme” substitute “in, or such an inclusion of matter in a relevant programme for reception in,”.
In Article 6 (anonymity of complainants in rape offence cases)— In Article 7(3) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In section 8 (restrictions on reports of committal proceedings)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(4) (provisions relating to indecent displays disapplied in relation to broadcasting etc.), for paragraph (a) substitute—.
In section 2 (limitation of scope of strict liability)— In section 19 (interpretation), omit the definition of “cable programme”.
In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substituteor
In Article 44 (reports of preliminary proceedings)— In Article 90 (reports of domestic proceedings), for paragraph (1) substitute—
In section 72(6) (meaning of “advertisement” for the purposes of insurance advertisements), for “or by inclusion in a cable programme service” substitute “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.
Part II shall be amended as follows. In section 75(1)(i) (election expenses in relation to publications or broadcasts), for the words from “the Independent” onwards substitute “ or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990; ”. In section 92 (broadcasting from outside United Kingdom), for subsection (1) substitute— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sianel Pedwar Cymru.
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in subsection (3), for paragraph (j) substitute—; and
after subsection (4) insert—
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In section 3(8) (exempted supplies), for paragraphs (a) and (b) substitute “ a programme service (within the meaning of the Broadcasting Act 1990) ”.
In section 21(1) (interpretation), in the definition of “film exhibition”, for paragraphs (a) and (b) substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990); ”.
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In Article 130(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), after “television,” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, ”.
In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), for the words “services consisting” onwards, in each place where they occur, substitute “ local delivery services within the meaning of Part II of the Broadcasting Act 1990. ”
and references
(1) In section 207 (interpretation)— In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes excluded from activities constituting investment business)—
in subsection (2), after “television” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”; and
omit subsection (4).
In Article 2(2) (interpretation), in the definition of “newspaper”, for the words from “cable programme” onwards substitute “ programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.
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in subsection (1), for “broadcast or include in a cable programme” substitute “include in a relevant programme for reception”;
in subsections (4), (8) and (12), for “, broadcast or included in a cable programme” substitute “or included in a relevant programme”;
in subsections (5) and (7), for “, broadcast or include in a cable programme” substitute “or include in a relevant programme”;
in subsection (10), for “broadcast or included in a cable programme” substitute “included in a relevant programme” and for “, broadcast or inclusion in a cable programme” substitute “or inclusion in a relevant programme”;
in subsection (12), for paragraphs (c) and (d) substitute—; and
“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).
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in subsection (2), for the words from “, film” to “service,” substitute “or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),”; and
in subsection (6), omit the definition of “cable programme service”.
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in paragraph (2), for “film or radio or television broadcast or in a programme included in a cable programme service,” substitute “or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),”; and
in paragraph (6), omit the definition of “cable programme service”.
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In regulation 2(1) (interpretation)— In regulation 4(2) (exceptions to complaints to be considered by Director General of Fair Trading), for “the IBA or the Cable Authority” substitute “ the Commission, the Radio Authority or the Welsh Authority ”. For regulations 8 to 11 substitute—
In Article 10 (restrictions on reporting applications for dismissal and preparatory hearings)—
in paragraph (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;
in paragraphs (5), (9) and (13), for “, broadcast or included in a cable programme” substitute “ or included in a relevant programme ”;
in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “ or include in a relevant programme ”;
in paragraph (12), for “broadcast or included in a cable programme” substitute “ included in a relevant programme ” and for “, broadcast or inclusion in a cable programme” substitute “ or inclusion in a relevant programme ”;
in paragraph (13), for sub-paragraphs (c) and (d) substitute—; and
“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).
In section 97(5) (privacy for children involved in certain proceedings), for paragraph (a) of the definition of “publish” substitute—.
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Section 203(3). Chapter Short title Extent of repeal 1933 c. 12. Children and Young Persons Act 1933. In section 28(2)(a), the words “a cable programme studio”. 1937 c. 37. Children and Young Persons (Scotland) Act 1937. In section 36(2)(a), the words “a cable programme studio”. 1949 c. 54. Wireless Telegraphy Act 1949. Section 14(1B)(a). In section 15, in subsection (1) the words “and named in the warrant”, and in subsection (2) the words “and named in the authorisation”. 1952 c. 66. Defamation Act 1952. Section 1. 1955 c. 7. Wireless Telegraphy (Blind Persons) Act 1955. The whole Act. 1955 c. 11 (N.I.). Defamation Act (Northern Ireland) 1955. Section 1. 1959 c. 66. Obscene Publications Act 1959. In section 1, the proviso to subsection (3). 1967 c. 72. Wireless Telegraphy Act 1967. Section 3(2). Section 5(2). 1968 c. 34 (N.I.). Children and Young Persons Act (Northern Ireland) 1968. In section 45(2)(a), the words “a cable programme studio”. 1973 c. 41. Fair Trading Act 1973. In Schedule 7, in Part I, paragraphs 8 and 9. 1975 c. 24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entries relating to the Cable Authority, the Independent Broad- casting Authority and the Welsh Fourth Channel Authority. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part II, the entries relating to the Cable Authority and the Independent Broad- casting Authority. 1975 c. 68. Industry Act 1975. Section 9(9A). 1975 c. 70. Welsh Development Agency Act 1975. Section 19(9A). 1976 c. 82. Sexual Offences (Amendment) Act 1976. In section 4(6), the definitions of “a broadcast” and “cable programme”. S.I. 1978/460 (N.I.5). Sexual Offences (Northern Ireland) Order 1978. In Article 6(6), the definitions of “a broadcast” and “cable programme”. 1980 c. 43. Magistrates Courts Act 1980. In section 8(10), the definitions of “broadcast” and “cable programme”. 1980 c. 65. Local Government, Planning and Land Act 1980. In Schedule 16, paragraph 16. 1981 c. 49. Contempt of Court Act 1981. In section 19, the definition of “cable programme”. 1981 c. 68. Broadcasting Act 1981. The whole Act. 1982 c. 39. Finance Act 1982. Section 144(3). 1982 c. 45. Civic Government (Scot- land) Act 1982. In section 51, subsection (6)(a) and, in subsection (8), in the definition of “material” the words from “and” onwards, and the word “showing,”. 1983 c. 2. Representation of the People Act 1983. Section 93(3). 1984 c. 12. Telecommunications Act 1984. Section 6(1). Section 49(2). In section 79(2), the words “or them”. In Schedule 4, paragraph 81. In Schedule 5, paragraphs 8(1) and (3) and 30. 1984 c. 46. Cable and Broadcasting Act 1984. The whole Act. 1985 c. 9. Companies Consolidation (Consequential Provisions) Act 1985. In Schedule 2, the entries relating to the Broadcasting Act 1981. 1986 c. 41. Finance Act 1986. Section 111. Schedule 22. 1986 c. 60. Financial Services Act 1986. Section 207(4). 1986 c. 64. Public Order Act 1986. In section 22, in subsection (2) the words “broad- casting or cable”, in subsections (4)(b) and (5)(b) the words “broad- cast or”, wherever occur- ring, and subsections (7) and (8). Section 23(4). In section 29, the definitions of “broadcast” and “cable programme service”. In Schedule 2, paragraphs 5 and 6. 1987 c. 10. Broadcasting Act 1987. The whole Act. 1987 c. 38. Criminal Justice Act 1987. In section 11(15), the definitions of “broadcast” and “cable programme”. 1987 c. 43. Consumer Protection Act 1987. In section 24(6), the definition of “cable programme service”. S.I.1987/463 (N.I.7). Public Order (Northern Ireland) Order 1987. In Article 12, in paragraph (2)(a) the words “broad- casting or cable”, in paragraphs (4)(b) and (5)(b) the words “broadcast or”, wherever occurring, and paragraphs (7) and (8). Article 13(4). In Article 17, the defini- tions of “broadcast” and “cable programme service”. S.I.1987/2049 (N.I.20). Consumer Protection (Northern Ireland) Order 1987. In Article 17(6), the definition of “cable programme service”. 1988 c. 40. Education Reform Act 1988. In Schedule 12, paragraph 49. 1988 c. 48. Copyright, Designs and Patents Act 1988. In section 73, subsection (2)(a) and the word “or” immediately following it, and subsection (3)(a) and the word “or” immediately following it. Section 134(4). Section 299(2). In Schedule 2, paragraph 19(2)(a) and the word “or” immediately following it. In Schedule 7, paragraphs 29 and 30. S.I.1988/915. Control of Misleading Advertisements Regulations 1988. In regulation 2(1), the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”. S.I.1988/1846 (N.I.16). Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988. In Article 10(16), the definitions of “broadcast” and “cable programme”. 1989 c. 26. Finance Act 1989. Section 181. Schedule 16.
Section 203(4).
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The amendments made by paragraphs 12, . . ., 32 ... of Schedule 5 to the Cable and Broadcasting Act 1984 shall not be affected by the repeals made by this Act but shall continue to have effect, subject to any amendments made by Schedule 20 to this Act.
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Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—
the reference to the holder of a licence granted by the Independent Television Commission or the Radio Authority included a reference to the holder of a relevant licence within the meaning of Part III of Schedule 12 to this Act; and
for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.
Regulation 8(1) and (2) of the Control of Misleading Advertisements Regulations 1988 (as amended by this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of Schedule 12 to this Act as they apply to a service licensed under Part II of this Act.
“local delivery licence” means a licence to provide a local delivery service.
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The Commission may grant such licences to provide local delivery services as they may determine.
Local delivery licences shall authorise the provision of local delivery services for such areas in the United Kingdom as the Commission may determine; and, where such licences authorise the provision of such services to any extent by wireless telegraphy, they shall be so provided on frequencies assigned to those services by the Commission.
Subject to subsection (4), sections 3, 4 and 5 shall apply to local delivery licences as they apply to licences granted by the Commission under Part I of this Act.
In the application of those sections to local delivery licences—
section 3(1) shall have effect as if the words “or Part II” were added at the end;
any reference in any other provision of those sections to Part I of this Act shall be construed as including a reference to this Part of this Act; and
section 3(5) shall have effect as if the first reference to section 19(1) included a reference to section 77(1).
A local delivery licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as the Commission may impose, to authorise any person to whom this subsection applies to undertake to any extent the provision of the licensed service on behalf of the licence holder.
Subsection (5) applies to any person who is not a disqualified person in relation to a local delivery licence by virtue of Part II of Schedule 2 to this Act.
Any conditions included in a local delivery licence shall apply in relation to the provision of the licensed service to any extent by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of the service by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.
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Where the Commission propose to grant a licence to provide a local delivery service they shall publish, in such manner as they consider appropriate, a notice—
stating that they propose to grant such a licence;
specifying—
the area in the United Kingdom for which the service is to be provided, and
any frequencies that would be available for it to be provided by wireless telegraphy should it be desired so to provide it;
inviting applications for the licence and specifying the closing date for such applications; and
specifying—
the fee payable on any application made in pursuance of the notice, and
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 77(1)(c) if he were granted the licence.
The Commission may, if they think fit, specify under subsection (1)(d)(ii)—
different percentages in relation to different accounting periods falling within the period for which the licence would be in force;
a nil percentage in relation to any accounting period so falling.
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
the fee specified in the notice under subsection (1)(d)(i);
a technical plan relating to the service which the applicant proposes to provide and indicating—
the parts of the area specified under subsection (1)(b)(i) which would be covered by that service,
the timetable in accordance with which that coverage would be achieved,
the technical means by which it would be achieved, and
the extent (if any) to which he proposes that the provision of the service should be undertaken by some other person in accordance with section 73(5);
the applicant’s cash bid in respect of the licence;
such information as the Commission may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force; and
such other information as the Commission may reasonably require for the purpose of considering the application.
At any time after receiving such an application and before determining it the Commission may require the applicant to furnish additional information under subsection (3)(b), (d) or (e).
Any information to be furnished to the Commission under this section shall, if they so require, be in such form or verified in such manner as they may specify.
The Commission shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
the name of every person who has made an application to them in pursuance of the notice;
particulars of the technical plan submitted by him under subsection (3)(b); and
such other information connected with his application as the Commission consider appropriate.
In this Part—
“cash bid”, in relation to a local delivery licence, means an offer to pay to the Commission a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period); and
“the appropriate percentage”, in relation to any year, has the meaning given by section 19(10).
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Where a person has made an application for a local delivery licence in accordance with section 74, the Commission shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 76 unless it appears to them— and any reference to an applicant in section 76 (except in subsection (12)(b)) is accordingly a reference to an applicant in whose case it appears to the Commission that the requirements of paragraphs (a) and (b) above are satisfied.
that any telecommunication system proposed to be used by the applicant in the provision of his proposed service would be acceptable to the relevant licensing authorities and would be capable of being established in accordance with the timetable indicated by him in the technical plan submitted under section 74(3)(b); and
that he would be able to maintain that service throughout the period for which the licence would be in force;
Before forming any view as to whether the requirements of subsection (1)(a) are satisfied in the case of an applicant the Commission shall consult the relevant licensing authorities; and in that provision and this subsection “the relevant licensing authorities” means—
where any telecommunication system proposed to be used as mentioned in that provision would be required to be licensed under the Wireless Telegraphy Act 1949, the Secretary of State; and
where any telecommunication system proposed to be so used would be required to be licensed under Part II of the Telecommunications Act 1984, the Secretary of State and the Director General of Telecommunications.
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Subject to the following provisions of this section, the Commission shall, after considering all the cash bids submitted by the applicants for a local delivery licence, award the licence to the applicant who submitted the highest bid.
Where two or more applicants for a particular licence have submitted cash bids specifying an identical amount which is higher than the amount of any other cash bid submitted in respect of the licence, then (unless they propose to exercise their power under subsection (3) in relation to the licence) the Commission shall invite those applicants to submit further cash bids in respect of that licence; and, in relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference in this Part to his cash bid is a reference to that further bid.
The Commission may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant.
Without prejudice to the generality of subsection (3), the Commission may regard the following circumstances as exceptional circumstances which make it appropriate to award the licence to an applicant who has not submitted the highest bid, namely where it appears to them that the coverage proposed to be achieved by such an applicant, as indicated in the technical plan submitted by him under section 74(3)(b), is substantially greater than that proposed to be achieved— as indicated in the technical plan submitted by him under that provision; and where it appears to the Commission, in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of subsection (3), those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.
by the applicant who submitted the highest bid, or
in a case falling within subsection (2), by each of the applicants who have submitted equal highest bids,
If it appears to the Commission, in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—
they shall refer his application to the Secretary of State, together with—
a copy of all documents submitted to them by the applicant, and
a summary of their deliberations on the application; and
they shall not award the licence to him unless the Secretary of State has given his approval.
On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.
In subsections (5) and (6) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—
paying any amounts payable by him by virtue of section 77(1), or
otherwise financing the provision of his proposed service.
In a case where any requirement such as is mentioned in section 5(1)(b) (as it applies by virtue of section 73(3)) operates to preclude the Commission from awarding a licence to the applicant to whom (apart from any such requirement) they would have awarded it in accordance with the preceding provisions of this section, they shall award the licence in accordance with rules made by them for regulating the awarding of licences in such cases; and any such rules may provide for the awarding of licences by reference to orders of preference notified to the Commission by applicants at the time of making their applications.
Any such rules shall be published by the Commission in such manner as they consider appropriate, but shall not come into force unless they have been approved by the Secretary of State.
Where the Commission are, by virtue of subsection (5), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (16)) have effect as if that person had not made an application for the licence.
Where the Commission have awarded a local delivery licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
publish the matters specified in subsection (12) in such manner as they consider appropriate; and
grant the licence to that person.
The matters referred to in subsection (11)(a) are—
the name of the applicant to whom the licence has been awarded and the amount of his cash bid;
the name of every other applicant in whose case it appeared to the Commission that the requirements of section 75(1)(a) were satisfied;
where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, the Commission’s reasons for the licence having been so awarded; and
such other information as the Commission consider appropriate.
“unjust or unfair treatment” includes treatment which is unjust or unfair because of the way in which material included in a programme has been selected or arranged.
that person indicates to the Commission that he does not intend to provide the service in question, or
the Commission for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,
Subsection (13) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless the Commission have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
In a case where a local delivery licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (12) shall have effect as if—
paragraph (b) were omitted; and
the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.
Subsections (1) to (9) shall not have effect as mentioned in subsection (10) if the Commission decide that it would be desirable to publish a fresh notice under section 74 in respect of the grant of the licence; and similarly this section shall not have effect as mentioned in subsection (13) if the Commission decide that it would be desirable to publish such a notice in respect of the grant of a further licence to provide the local delivery service in question.
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A local delivery licence shall include conditions requiring the licence holder to pay to the Commission (in addition to any fees required to be so paid by virtue of section 4(1)(b), as applied by section 73(3))—
in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 74(1)(d)(ii).
For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall consist of all payments which are received or to be received by him, or by any person connected with him, and are derived from the delivery in that period, in accordance with his licence, of services falling within section 72(2) (whether their delivery is undertaken by him or by any person authorised by him as mentioned in section 73(5)).
A local delivery licence may include conditions—
enabling the Commission to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
Such a licence may in particular include conditions—
authorising the Commission to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
providing for the adjustment of any overpayment or underpayment.
Where— any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
the last complete accounting period of his falling within the licence period does not end at the same time as that period,
Part I of Schedule 7 has effect for the purposes of this section.
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A local delivery licence shall, subject to the provisions of this Part, continue in force for a period of fifteen years, and may (subject to the following provisions of this section) be renewed on one or more occasions for a period of fifteen years beginning with the date of renewal.
An application for the renewal of a local delivery licence under subsection (1) may be made by the licence holder not earlier than five years before the date on which it would otherwise cease to be in force and not later than the relevant date.
Where any such application is made before the relevant date, the Commission may postpone the consideration of it by them for as long as they think appropriate having regard to subsection (8).
Where an application for the renewal of a local delivery licence has been duly made to the Commission, they may only (subject to subsection (5)) refuse the application if—
they propose to grant a fresh local delivery licence for the provision of a service which would be provided for a different area from that for which the applicant’s service is provided under his licence; or
in the case of an applicant who has not achieved the coverage set out in the technical plan submitted under section 74(3)(b), either—
they are not satisfied that he would, if his licence were renewed, be able to achieve that coverage in accordance with the timetable indicated in the plan, or
the period within which it was to be achieved has expired.
Section 76(5) to (7) shall apply in relation to an applicant for the renewal of a local delivery licence as those provisions apply in relation to such an applicant as is mentioned in section 76(5), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section.
On the grant of any such application the Commission— and the Commission may specify under paragraph (b) either of the things mentioned in section 74(2).
shall determine an amount which is to be payable to the Commission by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and
may specify a different percentage from that specified under section 74(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 77(1)(c) during the period for which the licence is to be renewed;
The amount determined by the Commission under subsection (6)(a) in connection with the renewal of a licence shall be such amount as would, in their opinion, be payable to them by virtue of section 77(1)(a) if they were granting a fresh licence to provide the local delivery service in question.
Where the Commission have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable, as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
the amount determined by them under subsection (6)(a), and
any percentage specified by them under subsection (6)(b),
Where a local delivery licence is renewed under this section—
any conditions included in it in pursuance of section 77 shall have effect during the period for which the licence has been renewed—
as if the amount determined by the Commission under subsection (6)(a) above were an amount specified in a cash bid submitted by the licence holder, and
subject to any determination made under subsection (6)(b) above; and
(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a local delivery licence is originally in force.
In this section “the relevant date”, in relation to a local delivery licence, means the date which the Commission determine to be that by which they would need to publish a notice under section 74 if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local delivery service formerly provided under that licence.
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Without prejudice to the generality of section 3(2) or (as the case may be) section 86(2), a licence to provide such a service as is mentioned in section 72(2)(c) or (e) may, where it is granted to the holder of a local delivery licence, authorise the provision by that person of programmes for delivery on all or any of the channels on which his local delivery service is provided.
Where any licensed local delivery service consists in or includes relaying (complete and unchanged) any foreign satellite programmes, the following provisions, namely— shall have effect as if the delivery of those programmes constituted the provision of a service licensed under Part I of this Act.
section 6(1) so far as relating to the requirements specified in paragraphs (a), (d) and (e) of that provision, and
section 7,
Accordingly, any reference in those provisions to programmes included in a licensed service shall, where those provisions have effect as mentioned in subsection (2) above, be construed as a reference to any such programmes as are mentioned in that subsection.
The holder of a local delivery licence shall be taken to be authorised by his licence to include in the licensed service advertisements which are inserted by him and are not included in any service falling within section 72(2); but, if any such advertisements are so included by him, sections 8 and 9 shall have effect as if the delivery of those advertisements constituted the provision of a service licensed under Part I of this Act and he were the holder of a licence in force under that Part.
In subsection (2) “foreign satellite programme” means a programme transmitted by satellite from a place outside the United Kingdom, other than a programme so transmitted from within any country specified in an order made by the Secretary of State for the purposes of this subsection.
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If the Commission are satisfied that it is appropriate to do so in pursuance of any international agreement to which the United Kingdom is for the time being a party, they may give to the holder of a local delivery licence a direction requiring him not to relay television programmes which—
are transmitted from a place outside the United Kingdom, and
are included in any service specified or described in the direction.
Any direction under this section may describe a service for the purposes of subsection (1)(b) by reference to such matters as the Commission think fit.
Any such direction shall, according to its terms, have effect either during a specified period or for an indefinite period.
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Subject to subsections (2) and (4), sections 41 and 42 shall apply in relation to a local delivery licence as they apply in relation to a licence to provide a Channel 3 service.
In its application in relation to a local delivery licence— and the reference to Part I of this Act in subsection (1) of each of those sections shall be construed as including a reference to this Part of this Act.
section 41 shall have effect—
with the substitution in subsection (2) of “section 77(2)” for “section 19(2) to (6)”, and
with the omission of subsection (5); and
section 42 shall have effect with the omission of subsection (7);
A local delivery licence shall include a condition requiring the licensed service to be established by the licence holder in accordance with the timetable indicated in the technical plan submitted under section 74(3)(b).
The Commission shall not revoke any local delivery licence under section 42 (as applied by subsection (1) above) by reason of the failure of the licence holder to comply with any such condition as is mentioned in subsection (3) above unless they are satisfied, after consulting the Secretary of State and the Director General of Telecommunications, that it would have been reasonably practicable for the licence holder to comply with it.
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Any person who provides any local delivery service without being authorised to do so by or under a licence under this Part shall be guilty of an offence.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
No proceedings in respect of an offence under this section shall be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Without prejudice to subsection (2) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
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There shall be an authority to be called the Radio Authority (in this Part referred to as “the Authority”).
The Authority shall consist of—
a chairman and a deputy chairman appointed by the Secretary of State; and
such number of other members appointed by the Secretary of State, not being less than four nor more than ten, as he may from time to time determine.
Schedule 8 to this Act shall have effect with respect to the Authority.
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It shall be the function of the Authority to regulate, in accordance with this Part, the provision of the following services, namely— and in this Part “independent radio service” means a service falling within paragraph (a), (b) or (c) above.
sound broadcasting services to which this section applies and which are provided from places in the United Kingdom;
licensable sound programme services (as defined by section 112(1)) which are provided from places in the United Kingdom by persons other than the BBC; and
additional services (as defined by section 114(1)) which are provided from places in the United Kingdom;
This section applies to—
any sound broadcasting service which is provided, on a frequency or frequencies assigned to the Authority under subsection (4)—
for any such minimum area of the United Kingdom as the Authority may determine in accordance with section 98(2) (a “national service”), or
for a particular area or locality in the United Kingdom (a “local service”), or
for a particular establishment or other defined location, or a particular event, in the United Kingdom (a “restricted service”); and
any sound broadcasting service (other than one provided by the BBC) which consists— and any such service is referred to in this Part as a “satellite service”.
in the transmission of sound programmes by satellite from a place in the United Kingdom for general reception there, or
in the transmission of such programmes by satellite from a place outside the United Kingdom for general reception there, if and to the extent that the programmes included in the service consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him),
For the purposes of this Part satellite services shall be regarded as provided by the following persons—
a service falling within subsection (2)(b)(i)—
shall, if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him), be regarded as provided by that person (whether the programmes are transmitted by him or not), but
shall otherwise be regarded as provided by the person by whom the programmes are transmitted; and
a service falling within subsection (2)(b)(ii) shall be regarded as provided by the person by whom the programme material in question is provided as mentioned in that provision.
For the purposes of this Part the Secretary of State may by notice assign to the Authority such frequencies as he may determine; and any frequency so assigned shall be taken to be so assigned for the purpose only of being used for the provision of one or more independent radio services.
Any frequency assigned by the Secretary of State under subsection (4) may be so assigned for use only in such area or areas as may be specified by the Secretary of State when making the assignment.
The Secretary of State may by notice revoke the assignment under subsection (4) of any frequency specified in the notice, and may do so whether or not that frequency is for the time being one on which an independent radio service is being provided.
... OFCOM may, in accordance with the following provisions of this Part, grant licences to provide relevant independent radio services.
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a diversity of national services each catering for tastes and interests different from those catered for by the others and of which—
one is a service the greater part of which consists in the broadcasting of spoken material, and
another is a service which consists, wholly or mainly, in the broadcasting of music which, in the opinion of the Authority, is not pop music; and
a range and diversity of local services.
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to facilitate the provision of licensed services which (taken as a whole) are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests; and
to ensure fair and effective competition in the provision of such services and services connected with them.
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for including in that provision a requirement that one of the national services there referred to should be a service of a particular description, or
for removing such a requirement from that provision;
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In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—
sound broadcasting services;
radio licensable content services;
additional radio services.
A licence shall be in writing and (subject to the provisions of this Part) shall continue in force (subject to a suspension of the licence under section 111B)—
in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and
in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.
A licence may be granted by OFCOM for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified; and (without prejudice to the generality of the preceding provision) a licence may be so granted for the provision of a service which to any extent consists in the simultaneous broadcasting of different programmes on different frequencies.
A licence to provide a local or national service or to provide an additional service must specify a period of no more than twelve years as the period for which it is to be in force.
any licence to provide a national, local or satellite service,
any licence to provide a licensable sound programme service, and
any licence to provide additional services,
OFCOM — and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).
shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and
shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;
OFCOM may vary a licence by a notice served on the licence holder if—
in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or
in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.
Where OFCOM are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.
Paragraph (a) of subsection (5) does not affect the operation of section 97B , 105A or 110(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).
A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of OFCOM .
Without prejudice to the generality of subsection (7), OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.
The holding of a licence by a person shall not relieve him of—
any liability in respect of a failure to hold a licence under section 8 of the Wireless Telegraphy Act 2006; or
any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
A licence may include—
such conditions as appear to OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
conditions enabling OFCOM to supervise and enforce technical standards in connection with the provision of the licensed service;
conditions requiring the payment by the licence holder to OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;
conditions requiring the licence holder to furnish OFCOM, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
conditions requiring the licence holder, if found by OFCOM to be in breach of any condition of his licence, to reimburse to OFCOM, in such circumstances as are specified in any conditions, any costs reasonably incurred by them in connection with the breach of that condition;
conditions providing for such incidental and supplemental matters as appear to OFCOM to be appropriate.
A licence may in particular include—
conditions requiring the licence holder—
to comply with any direction given by OFCOM as to such matters as are specified in the licence or are of a description so specified, or
(except to the extent that OFCOM consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified; and
conditions requiring the licence holder to permit— to enter any premises which are used in connection with the broadcasting of the licensed service and to inspect, examine, operate or test any equipment on the premises which is used in that connection.
any employee of, or person authorised by, OFCOM, ...
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The fees required to be paid to OFCOM by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by OFCOM; ...
A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and OFCOM shall publish every such tariff in such manner as they consider appropriate.
Where the holder of any licence— he shall be taken for the purposes of sections 110 and 111 to have failed to comply with that condition.
is required by virtue of any condition imposed under this Part to provide OFCOM with any information, and
in purported compliance with that condition provides them with any information which is false in a material particular,
Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).
OFCOM shall do all that they can to secure—
that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and
that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and
that those requirements are not contravened in the case of a person who already holds a licence.
OFCOM may accordingly—
require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—
whether he is such a disqualified person as is mentioned in subsection (1)(a),
whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and
if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;
revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;
make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);
impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting— where such proposals are known to the body;
shareholdings in the body, or
the directors of the body,
impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.
impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
shareholdings in the body; or
the directors of the body;
impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or
whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
Where OFCOM — any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.
revoke the award of any licence in pursuance of subsection (2)(b), or
determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,
Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, OFCOM shall give the Secretary of State notice of their intention to do so, specifying the relevant change.
Those provisions shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.
Every licence shall include such conditions as OFCOM consider necessary or expedient to ensure that where— OFCOM may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.
the holder of the licence is a body, and
a relevant change takes place after the grant of the licence,
The Commission shall not serve any such notice on the licence holder unless—
the Commission have notified him of the matters constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and
in a case where the relevant change is one falling within subsection (6A)—
they have also given him an opportunity of complying with the requirements imposed by or under Schedule 14 to the Communications Act 2003 within a period specified in the notification, and
the period specified in the notification has elapsed.
In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means— being (in any case) a change which is such that, if it fell to OFCOM to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.
any change affecting the nature or characteristics of the body, or
any change in the persons having control over or interests in the body, or
any other change giving rise to a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003,
A relevant change falls within this subsection if it consists only in one or more of the following—
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a change in the national market share (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003) of one or more national newspapers (within the meaning of that Part of that Schedule);
a change in the local market share (within the meaning of section 5) in a particular area of one or more local newspapers (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003).
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OFCOM shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change.
Where OFCOM receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.
Subject to subsection (2), a person shall be disqualified for holding a licence under this Part if within the last five years he has been convicted of—
an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);
an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or
an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);
an offence under section 97 below.
an offence under section 37 or 38 of that Act (unlawful broadcasting offences);
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Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is concerned in—
the provision of the licensed service or the making of programmes included in it; or
the operation of a wireless telegraphy station used for broadcasting the service.
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The Authority shall do all that they can to secure that every licensed service complies with the following requirements, namely—
that nothing is included in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;
that any news given (in whatever form) in its programmes is presented with due accuracy and impartiality; and
that its programmes do not include any technique which exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons listening to the programmes without their being aware, or fully aware, of what has occurred.
The Authority shall, in the case of every licensed service which is a national, local, satellite or licensable sound programme service, do all that they can to secure that the service complies with the following additional requirements, namely—
the appropriate requirement specified in subsection (3);
that (without prejudice to the generality of subsection (1)(b) or (3)(a)) there are excluded from its programmes all expressions of the views and opinions of the person providing the service on matters (other than sound broadcasting) which are of political or industrial controversy or relate to current public policy; and
that due responsibility is exercised with respect to the content of any of its programmes which are religious programmes, and that in particular any such programmes do not involve—
any improper exploitation of any susceptibilities of those listening to the programmes, or
any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
The appropriate requirement referred to in subsection (2)(a) is—
where the licensed service is a national service, that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy;
where the licensed service is a local, satellite or licensable sound programme service, that undue prominence is not given in its programmes to the views and opinions of particular persons or bodies on such matters.
In applying subsection (3)(a) to a national service a series of programmes may be considered as a whole; and in applying subsection (3)(b) to a local, satellite or licensable sound programme service the programmes included in that service shall be taken as a whole.
The Authority shall— and the Authority may make different provision in the code for different cases or circumstances.
draw up, and from time to time review, a code giving guidance—
as to the rules to be observed in determining what constitutes a series of programmes for the purposes of subsection (4),
as to the rules to be observed in other respects in connection with the application of subsection (3)(a) in relation to a national service, and
as to the rules to be observed in connection with the application of subsection (3)(b) in relation to a local, satellite or licensable sound programme service; and
do all that they can to secure that the provisions of the code are observed in the provision of licensed services;
The Authority shall publish the code drawn up under subsection (5), and every revision of it, in such manner as they consider appropriate.
Nothing in this section or in sections 91 to 96 has effect in relation to any licensed service which is an additional service.
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The Authority shall draw up, and from time to time review, a code giving guidance— and the Authority shall do all that they can to secure that the provisions of the code are observed in the provision of licensed services.
as to the rules to be observed with respect to the inclusion in programmes of sounds suggestive of violence, particularly in circumstances such that large numbers of children and young persons may be expected to be listening to the programmes;
as to the rules to be observed with respect to the inclusion in programmes of appeals for donations; and
as to such other matters concerning standards and practice for programmes as the Authority may consider suitable for inclusion in the code;
In considering what other matters ought to be included in the code in pursuance of subsection (1)(c), the Authority shall have special regard to programmes included in licensed services in circumstances such that large numbers of children and young persons may be expected to be listening to the programmes.
Before drawing up or revising the code under this section the Authority shall (to such extent as they consider it reasonably practicable to do so) consult every person who is the holder of a licence under this Part.
The Authority shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.
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The Authority shall do all that they can to secure that the rules specified in subsection (2) are complied with in relation to licensed services.
Those rules are as follows—
a licensed service must not include—
any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature,
any advertisement which is directed towards any political end, or
any advertisement which has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department);
in the acceptance of advertisements for inclusion in a licensed service there must be no unreasonable discrimination either against or in favour of any particular advertiser; and
a licensed service must not, without the previous approval of the Authority, include a programme which is sponsored by any person whose business consists, wholly or mainly, in the manufacture or supply of a product, or in the provision of a service, which the licence holder is prohibited from advertising by virtue of any provision of section 93.
Nothing in subsection (2) shall be construed as prohibiting the inclusion in a licensed service of any party political broadcast which complies with the rules (so far as applicable) made by the Authority for the purposes of section 107.
After consultation with the Authority the Secretary of State may make regulations amending, repealing, or adding to the rules specified in subsection (2); but no such regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
The Authority shall not act as an advertising agent.
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It shall be the duty of the Authority— and the Authority may make different provision in the code for different kinds of licensed services.
after the appropriate consultation, to draw up, and from time to time review, a code—
governing standards and practice in advertising and in the sponsoring of programmes, and
prescribing the advertisements and methods of advertising or sponsorship to be prohibited, or to be prohibited in particular circumstances; and
to do all that they can to secure that the provisions of the code are observed in the provision of licensed services;
In subsection (1) “the appropriate consultation” means consultation with— and (to the extent that the Authority consider such consultation to be reasonably practicable) consultation with every person who is the holder of a licence under this Part.
the Independent Television Commission,
such bodies or persons appearing to the Authority to represent each of the following, namely— as the Authority think fit, and
listeners,
advertisers, and
professional organisations qualified to give advice in relation to the advertising of particular products,
such other bodies or persons who are concerned with standards of conduct in advertising as the Authority think fit,
The Authority shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.
The Authority shall—
from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be included in licensed services and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of such services; and
carry out any directions which he may give to them in respect of such matters.
The Authority may, in the discharge of a general responsibility with respect to advertisements and methods of advertising and sponsorship, impose requirements as to advertisements or methods of advertising or sponsorship which go beyond the requirements imposed by the code.
The methods of control exercisable by the Authority for the purpose of securing that the provisions of the code are complied with, and for the purpose of securing compliance with requirements imposed under subsection (5) which go beyond the requirements of the code, shall include a power to give directions to the holder of a licence—
with respect to the classes and descriptions of advertisements and methods of advertising or sponsorship to be excluded, or to be excluded in particular circumstances; or
with respect to the exclusion of a particular advertisement, or its exclusion in particular circumstances.
Directions under this section may be, to any degree, either general or specific and qualified or unqualified.
The Authority shall, in drawing up or revising the code, take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this subsection.
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If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require the Authority to direct the holders of any licences specified in the notice to publish in their licensed services, at such times as may be specified in the notice, such announcement as is so specified; and it shall be the duty of the Authority to comply with the notice.
Where the holder of a licence publishes any announcement in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.
The Secretary of State may at any time by notice require the Authority to direct the holders of any licences specified in the notice to refrain from including in the programmes included in their licensed services any matter or classes of matter specified in the notice; and it shall be the duty of the Authority to comply with the notice.
Where the Authority— or where such a notice has expired, the holder of the licence in question may publish in the licensed service an announcement of the giving or revocation of the direction or of the expiration of the notice, as the case may be.
have given the holder of any licence a direction in accordance with a notice under subsection (3), or
in consequence of the revocation by the Secretary of State of such a notice, have revoked such a direction,
The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.
In relation to any licensed service provided from a place in Northern Ireland, the reference in subsection (1) to a Minister of the Crown includes a reference to the head of any Northern Ireland department.
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For the purpose of maintaining supervision over the programmes included in licensed services the Authority may make and use recordings of those programmes or any part of them.
A licence shall include conditions requiring the licence holder—
to retain, for a period not exceeding 42 days, a recording of every programme included in the licensed service;
at the request of the Authority, to produce to them any such recording for examination or reproduction;
at the request of the Authority, to produce to them any script or transcript of a programme included in the licensed service which he is able to produce to them.
Nothing in this Part shall be construed as requiring the Authority, in the discharge of their duties under this Part as respects licensed services and the programmes included in them, to listen to such programmes in advance of their being included in such services.
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The Authority shall make arrangements—
for ascertaining the state of public opinion concerning programmes included in licensed services; and
for the purpose of assisting them to perform their functions under Chapter II in connection with the programmes to be included in national and local services, for ascertaining the types of programme that members of the public would like to be included in licensed services.
Those arrangements shall—
secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Authority; and
include provision for full consideration by the Authority of the results of any such research.
Subject to subsection (2), any person who provides any relevant regulated radio service without being authorised to do so by or under a licence under this Part or Part II of the Broadcasting Act 1996 shall be guilty of an offence.
The Secretary of State may, after consultation with OFCOM, by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.
In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
No proceedings in respect of an offence under this section shall be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Without prejudice to subsection (3) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.
When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).
The Secretary of State—
may nominate different dates for different services, and
may give notice to OFCOM withdrawing a nomination under this section.
In this section and section 97B—
This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).
If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).
OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.
If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.
If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends— if the licence holder consents to the variation.
on that date, or
before that date (and after the date when it would have otherwise ended),
Where OFCOM propose to grant a licence to provide a national service, they shall publish, in such manner as they consider appropriate, a notice—
stating that they propose to grant such a licence;
specifying—
the period for which the licence is to be granted,
the minimum area of the United Kingdom for which the service is to be provided, and
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the digital capacity that is likely, in their opinion, to be available from the holders of national radio multiplex licences for the broadcasting of a simulcast radio service corresponding to the service;
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inviting applications for the licence and specifying the closing date for such applications; and
specifying—
the fee payable on any application made in pursuance of the notice, and
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 102(1)(c) if he were granted the licence.
In determining the minimum area of the United Kingdom for which a national service is to be provided OFCOM shall have regard to the following considerations, namely—
that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but
that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
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comply with any requirement specified in the notice under subsection (1)(b)(iii) or (iv), and
consist of a diversity of programmes calculated to appeal to a variety of tastes and interests;
the fee specified in the notice under subsection (1)(d)(i);
the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;
the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;
the applicant’s cash bid in respect of the licence;
such information as OFCOM may reasonably require—
as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and
as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and
such other information as OFCOM may reasonably require for the purpose of considering the application.
At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under any of paragraphs ... (aa), (c), (e) and (f) of subsection (3).
For the purposes of subsection (1)(d)(ii)—
different percentages may be specified for different accounting periods; and
the percentages that may be specified for an accounting period include a nil percentage.
Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
the name of every person who has made an application to them in pursuance of the notice;
the proposals submitted by him under subsection (3)(aa); and
such other information connected with his application as OFCOM consider appropriate.
In this section “national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and “programme” does not include an advertisement.
In this Part “cash bid”, in relation to a licence, means an offer to pay to OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).
Where a person has made an application for a national licence in accordance with section 98, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 100 unless it appears to them—
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comply with any requirement specified under subsection (1)(b)(iii) or (iv) of section 98, and
consist of such a diversity of programmes as is mentioned in subsection (3)(a) of that section; and
that he would be able to maintain the proposed service and any proposed simulcast radio service corresponding to that service throughout the period for which the licence would be in force.
Any reference to an applicant in section 100 (except in section 100(9)(b)) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of subsection (1) above are satisfied.
Subject to the following provisions of this section, OFCOM shall, after considering all the cash bids submitted by the applicants for a national licence, award the licence to the applicant who submitted the highest bid.
Where— OFCOM must invite those applicants and (in a case falling within paragraph (b)) every applicant who has made a higher bid to submit further cash bids in respect of that licence.
two or more applicants for a licence have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid, or
two or more simulcast applicants have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid submitted by a simulcast applicant,
If, in a case in which one or more of the applicants has made a proposal to provide a simulcast radio service corresponding to the service to be licensed (a “simulcast applicant”), the highest cash bid is made by an applicant who is not a simulcast applicant, OFCOM may—
disregard the requirement imposed by subsection (1); and
award the licence to the simulcast applicant whose cash bid is the highest of the bids submitted by simulcast applicants.
OFCOM may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant; and where it appears to OFCOM, in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of this subsection, those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.
If it appears to OFCOM, in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—
they shall refer his application to the Secretary of State, together with—
a copy of all documents submitted to them by the applicant, and
a summary of their deliberations on the application; and
they shall not award the licence to him unless the Secretary of State has given his approval.
OFCOM may decide not to invite an applicant to submit a further cash bid under subsection (2) if—
the applicant is not a simulcast applicant and they propose to exercise their power under subsection (1A); or
they propose to exercise their power under subsection (3).
On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.
Subsection (2A) is not to be construed as preventing OFCOM from making a decision to exercise their power under subsection (1A) or (3) after they have received further bids in response to invitations under subsection (2).
In subsections (4) and (5) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—
paying any amounts payable by him by virtue of section 102(1), or
otherwise financing the provision of his proposed service.
In this Part references to a person’s cash bid, in relation to a person who has submitted a further cash bid in pursuance of subsection (2), have effect as references to his further bid.
Where OFCOM are, by virtue of subsection (4), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (11)) have effect as if that person had not made an application for the licence.
Where OFCOM have awarded a national licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
publish the matters specified in subsection (9) in such manner as they consider appropriate; and
grant the licence to that person.
The matters referred to in subsection (8)(a) are—
the name of the person to whom the licence has been awarded and the amount of his cash bid;
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where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, OFCOM’s reasons for the licence having been so awarded; and
such other information as OFCOM consider appropriate.
In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (9) shall have effect as if—
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the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.
Subsections (1) to (6) shall not have effect as mentioned in subsection (7) if OFCOM decide that it would be desirable to publish a fresh notice under section 98 in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a further licence to provide the service in question.
Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless OFCOM have served on him a notice stating their grounds for believing that he will not provide the licensed national service or the simulcast radio service once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
Where OFCOM revoke a national licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, a specified financial penalty.
In subsection (3) “the prescribed amount” means—
where— 7 per cent. of the amount which the Authority estimate would have been the qualifying revenue for that accounting period (as determined in accordance with section 102(2) to (6)); and
the licence is revoked under this section, or
the first complete accounting period of the licence holder falling within the period for which the licence is in force has not yet ended,
in any other case, 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder so falling (as so determined).
The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).
Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 122(4), be recoverable by OFCOM as a debt due to them from any person who controls that body.
In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—
£250,000; and
7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.
In any other case, the maximum penalty is whichever is the greater of—
£250,000; and
7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.
Section 102(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.
Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—
to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and
to do all that he can to secure the broadcasting of that service.
A national licence shall include conditions requiring the licence holder to pay to OFCOM (in addition to any fees required to be so paid by virtue of section 87(1)(c))—
in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 98(1)(d)(ii).
For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—
in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or
in respect of charges made in that period for the reception of programmes included in that service.
If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.
In the case of an advertisement included under arrangements made between— the amount of any receipt by the licence holder or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (5), be the amount of the payment by the advertiser after the deduction of the commission.
the licence holder or any connected person, and
a person acting as an advertising agent,
If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.
If, in any accounting period of the licence holder, the licence holder or any connected person derives, in relation to any programme to be included in the licensed service, any financial benefit (whether direct or indirect) from payments made by any person, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the qualifying revenue for that accounting period shall be taken for the purposes of subsection (1)(c) to include the amount of the financial benefit so derived by the licence holder or the connected person, as the case may be.
A national licence may include conditions—
enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
Such a licence may in particular include conditions—
authorising OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
providing for the adjustment of any overpayment or underpayment.
Where— any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
the last complete accounting period of his falling within the licence period does not end at the same time as that period,
In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between— and for this purpose “the retail prices index” means the general index of prices (for all items) published by the Statistics Board.
the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and
the retail prices index for the month of November in the year preceding the relevant year;
Where— then (subject to subsection (5)) OFCOM may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.
any change in the persons having control over— takes place within the relevant period, and
a body to which a national licence has been awarded or transferred in accordance with this Part of this Act, or
an associated programme provider,
that change takes place without having been previously approved for the purposes of this section by OFCOM,
In subsection (1)— and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as it has effect for the purposes of that Schedule.
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OFCOM may refuse to approve a change described in subsection (1)(a) if they consider it appropriate to do so.
OFCOM shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.
Where under subsection (1) OFCOM refuse to grant a licence to any body, section 100 shall (subject to section 100(11)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 111 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.
A national licence may (subject to the following provisions of this section) be renewed under this section on one occasion for a period of twelve years beginning with the date of renewal.
An application for the renewal of a national licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the day falling three months before the relevant date.
Where any such application is made ...—
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..., OFCOM may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8).
Where an application for the renewal of a national licence has been duly made to OFCOM , they shall (subject to subsection (5)) grant the application if, but only if—
OFCOM are satisfied that the applicant would, if his licence were renewed, provide a national service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section),
the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and
a simulcast radio service provided by the applicant is being broadcast in digital form or OFCOM are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as OFCOM consider reasonable.
Section 100(4) to (6) shall apply in relation to an applicant for the renewal of a national licence as those provisions apply in relation to such an applicant as is mentioned in section 100(4), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section.
On the grant of any application under this section OFCOM —
may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin;
shall determine an amount which is to be payable to OFCOM by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and
may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed.
The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.
For the purposes of subsection (6)(c)—
different percentages may be specified for different accounting periods; and
the percentages that may be specified for an accounting period include a nil percentage.
Where OFCOM have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable ..., as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
any date determined by them under subsection (6)(a),
the amount determined by them under subsection (6)(b), and
any percentage specified by them under subsection (6)(c),
Where a national licence has been renewed under this section—
any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed—
as if the amount determined by OFCOM under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and
subject to any determination made under subsection (6)(c);
(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force; and
where OFCOM have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; ...
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In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—
the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.
In this section—
A determination for the purposes of subsection (11)—
must be made at least one year before the date determined; and
must be notified by OFCOM to the person who holds the licence in question.
A national licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).
Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to subsections (3) and (3A).
Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—
subsection (4)(b),
in subsection (4)(c), the words from “or OFCOM” to the end,
subsection (6)(a),
subsection (8)(a), and
subsection (9)(c).
Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
the renewal of the licence in question would be the third renewal under this section,
OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
the determination is made as soon as practicable after that day.
Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.
An application for a licence to provide a local service must—
be made in such manner as OFCOM may determine, and
be accompanied by such fee (if any) as OFCOM may determine.
inviting applications for the licence and specifying the closing date for applications; and
stating the fee payable on any application made in pursuance of the notice.
An application for a licence to provide a restricted service must—
be made in such manner as OFCOM may determine, and
be accompanied by such fee (if any) as OFCOM may determine.
cater for the tastes and interests of persons living in the area or locality for which it would be provided or for any particular tastes and interests of such persons, and
broaden the range of programmes available by way of local services to persons living in that area or locality;
such information as the Authority may reasonably require—
as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and
as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and
such other information as the Authority may reasonably require for the purpose of considering the application.
At any time after receiving such an application and before determining it the Authority may require the applicant to furnish additional information under subsection (2)(b), (c) or (d).
The Authority shall, at the request of any person and on the payment by him of such sum (if any) as the Authority may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) by the applicants for a local licence.
Where the Authority propose, in the case of any local licence which is due to expire (otherwise than by virtue of section 110), to grant a further licence to provide the service in question, they shall, in accordance with subsection (1), publish a notice under that subsection relating to the proposed grant of the further licence to provide that service, unless it appears to them that to do so would not serve to broaden the range of programmes available by way of local services to persons living in the area or locality for which that service has been provided.
The following applications, namely— shall be made in such manner as the Authority may determine, and shall be accompanied by such fee (if any) as the Authority may determine.
an application to be granted a local licence in a case where, in accordance with subsection (5), no notice is to be published under subsection (1), or
an application for a licence to provide a satellite or restricted service,
In this section and sections 105 and 106 “programme” does not include an advertisement.
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the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which he proposes to provide;
the extent to which any such proposed service would cater for the tastes and interests of persons living in the area or locality for which the service would be provided, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests;
the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality for which it would be provided, and, in particular, the extent to which the service would cater for tastes and interests different from those already catered for by local services provided for that area or locality; and
the extent to which any application for the licence is supported by persons living in that area or locality.
A local licence may (subject to the following provisions of this section) be renewed under this section on one occasion for a period of twelve years beginning with the date of renewal.
A local licence may be renewed under this section only if it is granted before the day on which section 104AA comes into force.
No application for the renewal of a local licence under subsection (1) may be made before OFCOM first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service.
Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the day falling three months before the relevant date.
The applicant must, in his application or at any time before the consideration of his application, nominate— but may not nominate together a local digital sound programme service and a local radio multiplex service or a local digital sound programme service and a small-scale radio multiplex service if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service or (as the case may be) that small-scale radio multiplex service.
a local digital sound programme service provided or to be provided by him, and
a relevant local radio multiplex service or a relevant small-scale radio multiplex service,
Where an application for the renewal of a local licence has been duly made to OFCOM, they shall grant the application if—
they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), ...
the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service.
they are satisfied that the period for which the nominated local digital sound programme service will be available for reception and the times at which it will be available will not be significantly different, week by week, from those for which and at which the licensed local service will be broadcast;
Where the condition specified in subsection (5)(a) is satisfied, OFCOM may grant the application even though the condition specified in subsection (5)(b) is not satisfied if—
the applicant holds a licence to provide local digital sound programme services,
a licence to provide the nominated local radio multiplex service or the nominated small-scale radio multiplex service has been awarded, and
it appears to OFCOM that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service.
OFCOM may in any case postpone consideration of the application until the relevant date.
If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, OFCOM may postpone consideration of the application for such period not exceeding twelve months as they think appropriate.
Where OFCOM postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of OFCOM under this subsection.
On the grant of any application under this section OFCOM shall—
where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service, determine a date by which that service must have begun to be so broadcast; and
specify a fee payable to OFCOM in respect of the renewal.
Where OFCOM have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
any date determined by them under subsection (10)(a), and
the renewal fee specified by them under subsection (10)(b),
Where OFCOM renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service throughout the period beginning with whichever is the later of— and ending with the date on which the licence (as renewed) is to expire.
the date on which the licence would expire if not renewed, and
any date determined by them under subsection (10)(a),
In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—
the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.
In this section—
“local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996;
“nominated” means nominated by the applicant under subsection (4);
“relevant date”, in relation to a local licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; ...
“relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or local radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph; and
“relevant small-scale radio multiplex service”, in relation to a local licence, means a small-scale radio multiplex service (within the meaning of section 258A of the Communications Act 2003) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or small-scale radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph.
A determination for the purposes of subsection (13)(c)—
must be made at least one year before the date determined; and
must be notified by OFCOM to the person who holds the licence in question.
A local licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (subject to the following provisions of this section and section 104AB).
A local licence may be renewed under this section only if—
it has been renewed under section 104A, or
it is granted on or after the day on which this section comes into force ....
Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) to (5).
Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.
Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—
the condition in section 104A(5)(a) is met,
the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and
the alternative condition in subsection (4ZB) below is met instead.
The alternative condition is met if—
in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—
a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and
a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and
OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).
Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—
a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and
a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.
Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
the renewal of the licence in question would be the third renewal under this section,
OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
the determination is made as soon as practicable after that day.
In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—
subsections (4) and (13)(b) were omitted,
references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, ...
references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB , and
references to the nominated small-scale radio multiplex service were omitted.
In this section and sections 104AB and 104AC—
Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—
the licence proposed to be approved, and
a period in which representations may be made to OFCOM.
For the purposes of section 104AA, a “national nomination” by an applicant for the renewal of an approved licence is the nomination of—
a national digital sound programme service provided or to be provided by the applicant, and
a national radio multiplex service.
A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.
The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.
A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.
This section applies where—
a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,
an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and
the nomination specifies the licence mentioned in paragraph (a) in accordance with section 104AB(4).
OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—
removing the local digital services condition, and
adding a national digital services condition.
OFCOM must have received an application for the variation from the licence holder.
OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.
In this section—
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A national ... licence shall include such conditions as appear to OFCOM to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in force....
that it would not narrow the range of programmes available by way of independent radio services to persons living in the area or locality for which the service is licensed to be provided, or
that it would not substantially alter the character of the service.
A national or local licence shall include conditions requiring the licence holder to secure that the licensed service serves so much of the area or locality for which it is licensed to be provided as is for the time being reasonably practicable.
Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied—
that the departure would not substantially alter the character of the service;
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A national licence shall include conditions enabling OFCOM, where it appears to them to be reasonably practicable for the licensed service to be provided for any additional area falling outside the minimum area determined by them in accordance with section 98(2), to require the licence holder to provide the licensed service for any such additional area.
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Subject to subsection (5), OFCOM may, if they think fit, authorise the holder of a local licence, by means of a variation of his licence to that effect, to provide the licensed service for any additional area or locality adjoining the area or locality for which that service has previously been licensed to be provided.
OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them—
that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or
that the increase that would result is justifiable in the exceptional circumstances of the case.
As soon as practicable after OFCOM have exercised that power in relation to any service, they shall publish, in such manner as they consider appropriate, a notice—
stating that they have exercised that power in relation to that service; and
giving details of the additional area or locality for which that service is licensed to be provided.
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This section applies if the Secretary of State—
has not nominated a date for digital switchover under section 97A for one or more relevant renewed services, or
has withdrawn the nomination of such a date and has not nominated another such date under that section.
The Secretary of State may give notice to OFCOM fixing a date (the “termination date”) in relation to that service or such of those services as are specified or described in the notice.
The Secretary of State may fix different dates for different services but may not fix a date falling before 31 December 2015.
If the period for which a licence to provide a relevant renewed service is to continue in force ends after the termination date fixed for the service, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (5).
OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.
If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.
“Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.
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A national licence shall include—
conditions requiring the licence holder to include party political broadcasts in the licensed service; and
conditions requiring the licence holder to observe such rules with respect to party political broadcasts as the Authority may determine.
Without prejudice to the generality of paragraph (b) of subsection (1), the Authority may determine for the purposes of that subsection—
the political parties on whose behalf party political broadcasts may be made; and
in relation to any political party on whose behalf such broadcasts may be made, the length and frequency of such broadcasts.
Any rules made by the Authority for the purposes of this section may make different provision for different cases or circumstances.
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A national licence shall include conditions requiring the licence holder—
to make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups; and
to review those arrangements from time to time.
In subsection (1) “racial group” has the same meaning as in the Race Relations Act 1976.
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If OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may serve on him a notice—
stating that OFCOM are so satisfied as respects any specified condition or direction;
stating the effect of subsection (2); and
specifying for the purposes of that subsection a period not exceeding twelve months.
If, at any time during the period specified in a notice under subsection (1), OFCOM are satisfied that the licence holder has again failed to comply with any such condition or direction as is mentioned in that subsection (whether or not the same as the one specified in the notice), OFCOM may direct him— and a direction under this subsection shall have effect for such period, not exceeding six months, as is specified in the direction.
to provide OFCOM in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and
in relation to such of those programmes as will consist of or include recorded matter, to produce to OFCOM in advance for examination or reproduction such recordings of that matter as are so specified;
If OFCOM are satisfied— they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction or a statement of findings (or both) in such form, and at such time or times, as they may determine.
that the holder of a licence has failed to comply with any condition of the licence, and
that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or a statement of findings (or both) under this subsection,
OFCOM shall not give any person a direction under subsection (3) unless they have given him a reasonable opportunity of making representations to OFCOM about the matters complained of.
Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under subsection (3), he may announce that he is doing so in pursuance of such a direction.
For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.
If OFCOM are satisfied that the holder of a licence granted under this Chapter has failed to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—
a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM;
a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years; or
a notice suspending the licence for a specified period not exceeding six months.
The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a national licence— and in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Authority estimate to be the qualifying revenue for that accounting period (as so determined).
shall, if such a penalty has not previously been imposed on that person during any period for which his licence has been in force (“the relevant period”), not exceed 3 per cent. of the qualifying revenue for his last complete accounting period (as determined in accordance with section 102(2) to (6)); and
shall, in any other case, not exceed 5 per cent. of the qualifying revenue for that accounting period (as so determined);
The maximum amount which the holder of a national licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) is the maximum penalty given by subsection (1B).
The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any other licence shall not exceed £250,000.
The maximum penalty is whichever is the greater of—
£250,000; and
5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
OFCOM shall not serve on any person such a notice as is mentioned in subsection (1)(a), (b) or (c) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1B)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.
Section 102(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1B) or (1C) above.
It is hereby declared that any exercise by OFCOM of their powers under subsection (1) of this section in respect of any failure to comply with any condition or direction shall not preclude any exercise by them of their powers under section 109 in respect of that failure.
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If OFCOM are satisfied— they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).
that the holder of a licence granted under this Chapter is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, and
that that failure is such that, if not remedied, it would justify the revocation of the licence,
A notice under this subsection is a notice—
stating that OFCOM are satisfied as mentioned in subsection (1);
specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and
stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, OFCOM will revoke his licence under subsection (3).
If at the end of the period specified in a notice under subsection (2) OFCOM are satisfied— they shall (subject to subsection (8)) serve on him a notice revoking his licence.
that the person on whom the notice was served has failed to take the steps specified in it, and
that it is necessary in the public interest to revoke his licence,
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that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and
that it is appropriate for them to do so,
If OFCOM are satisfied— they may (subject to subsection (8)) serve on him a notice revoking his licence.
that the holder of a licence granted under this Chapter provided them, in connection with his application for the licence, with information which was false in a material particular, or
that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,
Subject to subsection (7), any notice served under subsection (3) ... or (5) shall take effect as from the time when it is served on the licence holder.
If it appears to OFCOM to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.
OFCOM shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
Where OFCOM — OFCOM shall send a copy of the direction, notice or representations to the Secretary of State.
serve a notice on a BBC company under any provision of section 109, 110 or 111, or
receive any written representations from a BBC company under section 109(4), 110(4) or 111(8),
OFCOM must serve a notice under subsection (2) on the holder of a licence granted under this Chapter if they are satisfied that—
the licence holder has included in the licensed service one or more programmes containing material likely to encourage or incite the commission of crime or to lead to disorder,
in doing so the licence holder has failed to comply with a condition included in the licence in compliance with section 263 of the Communications Act 2003, and
the failure would justify the revocation of the licence.
A notice under this subsection must—
state that OFCOM are satisfied as mentioned in subsection (1),
specify the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned there,
state that OFCOM may revoke the licence after the end of the period of 21 days beginning with the day on which the notice is served on the licence holder, and
inform the licence holder of the right to make representations to OFCOM in that period about the matters that appear to OFCOM to provide grounds for revoking the licence.
The effect of a notice under subsection (2) is to suspend the licence from the time when the notice is served on the licence holder until either—
the revocation of the licence takes effect, or
OFCOM decide not to revoke the licence.
If, after considering any representations made to them by the licence holder in the 21 day period mentioned in subsection (2)(c), OFCOM are satisfied that it is necessary in the public interest to revoke the licence, they must serve on the licence holder a notice revoking the licence.
The revocation of a licence by a notice under subsection (4) takes effect from whatever time is specified in the notice.
That time must not be earlier than the end of the period of 28 days beginning with the day on which the notice under subsection (4) is served on the licence holder.
Section 111 does not apply to the revocation of a licence under this section.
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In this Part “licensable sound programme service” means (subject to subsection (2)) a service consisting in the provision by any person of sound programmes with a view to their being conveyed, by means of a telecommunication system, for reception— whether the telecommunication system is run by the person so providing the programmes or by some other person, and whether the programmes are to be so conveyed for simultaneous reception or for reception at different times in response to requests made by different users of the service.
in two or more dwelling-houses in the United Kingdom, and
otherwise than for the purpose of being received there by persons who have a business interest in receiving them,
Subsection (1) does not apply to—
a service where the programmes are provided for transmission in the course of the provision of a sound broadcasting service;
a service where the running of the telecommunication system does not require to be licensed under Part II of the Telecommunications Act 1984; or
a two-way service (as defined by section 46(2)(c)).
It is hereby declared that the person who does either or both of the following things, that is to say— is not to be regarded as providing a licensable sound programme service in respect of any such programmes except to the extent that they are provided by that person with a view to their being so conveyed by means of that system.
uses a telecommunication system for conveying sound programmes as mentioned in subsection (1), or
runs a telecommunications system which is so used,
It is hereby also declared that where— that service is licensable under section 113 as a licensable sound programme service, and not otherwise; and in this subsection “additional service” means an additional service within the meaning of this Part or Part I.
any service constitutes such a service as is mentioned in subsection (1), and
the sound programmes in respect of which the service is provided are provided for transmission in the course of the provision of any additional service,
For the purposes of this section a person has a business interest in receiving programmes if he has an interest in receiving them for the purposes of his business, trade, profession or employment.
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An application for a licence to provide a licensable sound programme service shall—
be made in such manner as the Authority may determine; and
be accompanied by such fee (if any) as they may determine.
Where such an application is duly made to the Authority, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 90(1) and (2).
Subject to subsection (4), sections 109 to 111 shall apply in relation to a licence to provide a licensable sound programme service as they apply in relation to a licence granted under Chapter II of this Part.
Section 111 shall apply in relation to such a licence with the omission of subsection (7).
In this Part “additional service” means any service which consists in the sending of electronic signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any sound broadcasting service provided—on a relevant frequency.
on a frequency assigned under section 84(4), or
on any other allocated frequency notified to the Authority by the Secretary of State.
For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be any part of the signals which— and references in this Part to spare capacity shall be construed accordingly.
is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and
is determined by OFCOM to be available for the provision of additional services;
OFCOM shall, when determining under subsection (2) the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency on which a national service is provided, have regard to any need of the person providing that service to be able to use part of the signals carrying it for providing services which are ancillary to programmes included in the service.
At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.
A person holding a national licence shall be taken for the purposes of this Part to be authorised by his licence to provide any such services as are mentioned in subsection (3).
A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.
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In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.
In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.
OFCOM shall do all that they can to secure that, in the case of each relevant frequency, all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by OFCOM in accordance with this section.
any frequencies assigned under section 84(4) and used for the provision of a national service, and
any frequencies notified to the Authority under section 114(1)(b),
An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.
An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as OFCOM may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.
Subsection (3) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence.
Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (3) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.
Every licence to provide a national service shall include such conditions as appear to OFCOM to be appropriate for securing that the licence holder grants— access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.
to any person who holds a licence to provide additional services on the frequency on which that national service is provided, and
to any person who is authorised by any such person as mentioned in subsection (3) to provide additional services on that frequency,
Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (6) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by OFCOM.
The holder of a licence to provide a local or restricted service or to provide a radio licensable content service shall be taken for the purposes of this Part to be authorised by his licence to provide, or to authorise another person to provide, additional services on the frequency on which the licensed service is provided.
In this Part “additional services licence” means a licence to provide additional services.
Where OFCOM propose to grant a licence to provide additional services they shall publish, in such manner as they consider appropriate, a notice—
stating that they propose to grant such a licence;
specifying—
the period for which the licence is to be granted,
the sound broadcasting service or services on whose frequency or frequencies the services are to be provided, and
... the extent and nature of the spare capacity which is to be allocated by the licence;
inviting applications for the licence and specifying the closing date for such applications; and
specifying—
the fee payable on any application made in pursuance of the notice, and
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 118(1)(c) if he were granted the licence.
OFCOM may, if they think fit, specify under subsection (1)(d)(ii)—
different percentages in relation to different accounting periods falling within the period for which the licence would be in force;
a nil percentage in relation to any accounting period so falling.
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
the fee specified in the notice under subsection (1)(d)(i);
a technical plan indicating—
the nature of any additional services which the applicant proposes to provide, and
so far as known to the applicant, the nature of any additional services which any other person proposes to provide in accordance with section 115(3);
the applicant’s cash bid in respect of the licence; and
such information as OFCOM may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force.
At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under subsection (3)(b) or (d).
Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
the name of every person who has made an application to them in pursuance of the notice;
particulars of the technical plan submitted by him under subsection (3)(b); and
such other information connected with his application as OFCOM consider appropriate.
Where a person has made an application for an additional services licence in accordance with section 116, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with subsections (3) and (4) below unless it appears to them— and any reference to an applicant in section 100 (as applied by subsection (3) below) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.
that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and
that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force;
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Subject to subsection (4), section 100 shall apply in relation to an additional services licence as it applies in relation to a national licence.
In the application of section 100 in relation to an additional services licence—
subsection (6) shall have effect with the substitution in paragraph (a) of a reference to section 118(1) for the reference to section 102(1); and
subsection (9) shall have effect as if the matters specified in that subsection included the name of every other applicant in whose case it appeared to OFCOM that the requirement specified in subsection (1)(a) above was satisfied.
“associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and is or is likely to be involved, to a substantial extent, in the provision of the programmes included in the licensed service; and
that person indicates to OFCOM that none of the services in question will be provided once the licence has come into force, or
OFCOM for any other reason have reasonable grounds for believing that none of those services will be so provided,
Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless OFCOM have served on him a notice stating their grounds for believing that none of the services in question will be provided once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
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An additional services licence shall include conditions requiring the licence holder to pay to OFCOM (in addition to any fees required to be so paid by virtue of section 87(1)(c))—
in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 116(1)(d)(ii).
For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall consist of all amounts which are received or to be received by him or by any connected person and are referable to the right under his licence to use, or to authorise any other person to use, in that period the spare capacity allocated by the licence.
An additional services licence may include conditions—
enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
Such a licence may in particular include conditions—
authorising OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
providing for the adjustment of any overpayment or underpayment.
Where— any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
the last complete accounting period of his falling within the licence period does not end at the same time as that period,
An additional services licence may include such conditions as OFCOM consider appropriate for securing that the provision of any additional service under the licence does not cause any interference with—
the sound broadcasting service or services on whose frequency or frequencies it is provided, or
any other wireless telegraphy transmissions.
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If OFCOM are satisfied that the holder of an additional services licence has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM.
The amount of any financial penalty imposed on any person in pursuance of subsection (1)— and, in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Authority estimate to be the qualifying revenue for that accounting period (as so determined).
shall, if such a penalty has not previously been so imposed on that person during any period for which his licence has been in force (“the relevant period”), not exceed 3 per cent. of the qualifying revenue for his last complete accounting period falling within the relevant period (as determined in accordance with section 118(2)); and
shall, in any other case, not exceed 5 per cent. of the qualifying revenue for that accounting period (as so determined);
The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).
OFCOM shall not serve on any person a notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.
Section 111 shall apply in relation to an additional services licence as it applies in relation to a licence granted under Chapter II of this Part, but with the omission of subsection (7).
Section 118(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.
Part II of Schedule 7 (which contains provisions relating to the computation of qualifying revenue for the purposes of this Part) shall have effect.
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Where the Authority receive in respect of any licence any of the amounts specified in subsection (2), that amount shall not form part of the revenues of the Authority but shall—
if the licence is for the provision of a service for any area, locality, establishment or other place, or for any event, in Great Britain, be paid into the Consolidated Fund of the United Kingdom;
if the licence is for the provision of a service for any area, locality, establishment or other place, or for any event, in Northern Ireland, be paid into the Consolidated Fund of Northern Ireland; or
if the licence is for the provision of a national or satellite service or any additional services, be paid into both of those Funds in such proportions as the Authority consider appropriate.
The amounts referred to in subsection (1) are—
any amount payable to the Authority by virtue of section 102(1) or 118(1);
any amount payable to them by virtue of section 101(3); and
any amount payable to them by virtue of section 110(1)(a), 113(3) or 120(1).
Subsection (1) shall not be construed as applying to any amount which is required by the Authority for the making of an adjustment in respect of an overpayment made by any person.
Any amount payable by any person to the Authority under or by virtue of this Part shall be recoverable by them as a debt due to them from that person; and, where any amount is so payable by a person as the holder of any licence under this Part, his liability to pay it shall not be affected by his licence ceasing (for any reason) to be in force.
The Authority shall, in respect of each financial year, prepare an account showing— and shall send that account to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which it relates; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.
all such amounts falling within subsection (1) as have been received by them, and
the sums paid into the Consolidated Funds of the United Kingdom and Northern Ireland respectively under that subsection in respect of those amounts,
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The Authority may make arrangements for such work relating to frequency planning to be carried out as they consider appropriate in connection with the discharge of their functions.
Any such work shall be directed towards securing that the frequencies assigned to the Authority under this Act are used as efficiently as is reasonably practicable.
The Authority may make arrangements for such research and development work to be carried out as they consider appropriate in connection with the discharge of their functions.
The Authority shall secure that, so far as is reasonably practicable—
any work carried out under arrangements made in pursuance of subsection (1) or (3) is carried out, under the supervision of the Authority, by persons who are neither members nor employees of the Authority; and
any work carried out under arrangements made in pursuance of subsection (3) is to a substantial extent financed by persons other than the Authority.
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Her Majesty’s Government in the United Kingdom, and
persons providing independent radio services,
In this Part (unless the context otherwise requires)—
“the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;
“simulcast radio service” means a simulcast radio service within the meaning given by section 41(2) of the Broadcasting Act 1996 for the purposes of Part 2 of that Act;
Any reference in this Part to an area in the United Kingdom does not include an area which comprises or includes the whole of England; and nothing in this Part shall be read as precluding a local service from being provided for an area or locality that is to any extent comprised in the area or locality for which another local service is to be provided.
For the purposes of this Part a simulcast radio service corresponds to a national service if, in accordance with section 41(3) of the Broadcasting Act 1996, it falls to be treated as so corresponding for the purposes of Part 2 of that Act.
Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.
On such day as the Secretary of State may by order appoint as the transfer date there shall come into force a scheme made under Schedule 9 to this Act and providing for the division of the property, rights and liabilities of the IBA between—
the Commission,
the Radio Authority, and
a company nominated for the purposes of this subsection by the Secretary of State.
The Secretary of State may, by order made before the transfer date, nominate for the purposes of subsection (1) any company formed and registered under the Companies Act 1985; but on that date the company must be a company limited by shares which is wholly owned by the Crown.
Subject to subsection (4), the IBA shall continue in existence after the transfer date until such time as they are dissolved by order made by the Secretary of State.
On the transfer date the chairman and members of the IBA shall cease to hold office; and as from that date the IBA—
shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as the Secretary of State may appoint as members of the IBA; and
shall have only the functions which fall to be carried out by the IBA under or by virtue of Schedule 9.
If requested to do so by the chairman appointed under subsection (4)(a), the Commission shall furnish the IBA with any assistance required by them for the purpose of carrying out any of those functions.
The Secretary of State shall not make an order under subsection (3) unless he is satisfied, after consultation with the IBA and with each of the bodies referred to in subsection (1)(a) to (c), that nothing further remains to be done by the IBA under or by virtue of Schedule 9.
On the transfer date all the property, rights and liabilities to which the Cable Authority were entitled or subject immediately before that date shall become property, rights and liabilities of the Commission; and Schedule 10 to this Act shall have effect for the purpose of supplementing this and the following provisions of this section.
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shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as the Secretary of State may appoint as members of the Authority; and
shall have only the functions which fall to be carried out by the Authority under or by virtue of Schedule 10.
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References in this Part to property, rights and liabilities of the Cable Authority include references to property, rights and liabilities which are not capable of being transferred or assigned by the Authority.
Schedule 11 to this Act shall have effect—
with respect to the provision by the Commission and the Welsh Authority, during the period beginning with the transfer date and ending with 31st December 1992, of television broadcasting services which have been provided by the IBA under the Broadcasting Act 1981 down to the transfer date;
for the purpose of the regulation by the Commission after the end of that period of services provided in succession to the DBS services provided by them during that period; and
in the case of local sound broadcasting services which have been provided by the IBA down to the transfer date—
with respect to the provision of such services on and after that date by the Radio Authority, and
for the purpose of the regulation by that Authority on and after that date of services provided in succession to such services.
The programmes provided by a programme contractor under his contract for inclusion in any broadcasting service provided by the Commission or the Radio Authority in accordance with Part II or IV of Schedule 11 shall not be transmitted by, or under arrangements made by, the Commission or the Radio Authority (as the case may be) but shall be transmitted—
by the nominated company in pursuance of a contract made between that company and the programme contractor in accordance with section 130, or
under arrangements made in accordance with subsection (3)(a) of that section in a case where any such contract made between a DBS programme contractor and that company is terminated by the contractor as mentioned in that provision.
The programmes broadcast on Channel 4 and S4C respectively during the interim period in accordance with Part II of Schedule 11 shall not be transmitted by, or under arrangements made by, the Commission but shall be transmitted by the nominated company—
in the case of the programmes broadcast on Channel 4, in pursuance of such a contract made between that company and the Channel 4 company as is mentioned in subsection (4), and
in the case of the programmes broadcast on S4C, in pursuance of such a contract made between the nominated company and the Welsh Authority as is mentioned in subsection (6).
The contract referred to in subsection (3)(a) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on Channel 4 during that period, and in particular makes provision—
for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company; and
for the transmission of those programmes to be suspended, if the Commission so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify.
The circumstances referred to in subsection (4)(b) are circumstances where the Commission consider it necessary to require the transmission of the programmes in question to be suspended in order for them to comply, or secure compliance, with the provisions of the Broadcasting Act 1981 (as it has effect in accordance with Part II of Schedule 11 to this Act) or with any restriction or requirement imposed thereunder.
The contract referred to in subsection (3)(b) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on S4C during that period, and in particular makes provision for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company.
This section and section 130 shall have effect in relation to any teletext service provided by the Commission in accordance with Part II of Schedule 11 as if—
any reference to a programme or television programme were a reference to a teletext transmission; and
any reference to a programme contractor were a reference to a teletext contractor.
This section and section 130 shall, in so far as they apply to the transmission of the programmes provided by a DBS programme contractor under his contract for inclusion in any DBS service provided by the Commission in accordance with Part II of Schedule 11, be construed as applying only to the carrying on of such activities in connection with the transmission of those programmes as were being so carried on by the IBA immediately before the transfer date.
In this section—
“date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;
The reference in subsection (4) or (6) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date.
Subject to subsections (2) and (4), it shall be the duty of the IBA to make before the transfer date such variations of each contract between them and a programme contractor (“the programme contract”) as appear to them to be appropriate—
for requiring the programme contractor to enter into a contract with the nominated company which makes provision for and in connection with the transmission by that company during the interim period of the programmes which the programme contractor has the right and the duty to provide under the programme contract, and in particular makes provision—
for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company,
for the transmission of those programmes to be suspended, if the relevant authority so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify, and
where the programme contractor is a TV programme contractor, for the consideration payable in respect of the transmission of those programmes to be payable in accordance with subsection (6); and
for securing that the right and the duty of the programme contractor under the programme contract to provide those programmes is accordingly (so long as any such contract with the nominated company remains in force) a right and a duty to provide them for transmission by that company.
Subsection (1) shall apply to a contract for the provision of television programmes for broadcasting in a DBS service (“a DBS programme contract”) as if—
the reference to coverage in paragraph (a)(i) were omitted; and
for paragraph (a)(iii) there were substituted—.
The IBA shall, in the case of any DBS programme contract, make before the transfer date such variations of the contract as appear to them to be appropriate—
for requiring the DBS programme contractor, if he terminates his contract with the nominated company under any provision included in the contract in consequence of subsection (2)(b), to make such arrangements as the Commission may approve for and in connection with the transmission during the interim period of the programmes which he has the right and the duty to provide under the DBS programme contract, being arrangements under which—
specified standards relating to technical quality and reliability are to be attained in connection with the transmission of those programmes under the arrangements, and
the transmission of those programmes is to be suspended, if the Commission so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify; and
for securing that the right and the duty of the programme contractor under the DBS programme contract to provide those programmes is accordingly (so long as any such arrangements remain in force) a right and a duty to provide them for transmission under the arrangements.
Subsection (1) shall apply to a contract for the provision of local sound broadcasts as if the reference to the interim period were a reference to the remainder of the period for which the contract continues in force by virtue of paragraph 2(1) in Part IV of Schedule 11; and that subsection accordingly does not apply to any such contract if—
the programme contractor notifies the IBA, before such date as they shall determine, that he proposes to request the Radio Authority to determine the contract as from the transfer date in accordance with paragraph 1(1) in Part V of that Schedule; or
the contract is one to which paragraph 2(1) in that Part of that Schedule would apply on the transfer date.
The circumstances referred to in paragraph (a)(ii) of subsection (1) or (3) are circumstances where the relevant authority or (as the case may be) the Commission consider it necessary to require the transmission of the programmes in question to be suspended—
in order for them to comply, or secure compliance, with the provisions of the Broadcasting Act 1981 (as it has effect in accordance with Schedule 11 to this Act) or with any restriction or requirement imposed thereunder, or
in view of any matter which they consider constitutes or would constitute a breach of the programme contractor’s contract.
The IBA shall make before the transfer date such variations of each contract between them and a TV programme contractor as appear to them to be appropriate for requiring the programme contractor to enter into an agreement with all of the other TV programme contractors which— and in paragraph (b) “the relevant amount” means the aggregate amount of all payments falling to be made by TV programme contractors by virtue of section 32(1)(a) of that Act in respect of that period (excluding any payments falling to be so made in consequence of section 13(2) of that Act (advertisements on Channel 4)).
relates to the payment by those contractors to the nominated company of the consideration payable by them in respect of the transmission by that company of the programmes provided by them; and
provides for the amounts payable by each of the contractors to be such proportion of the total consideration so payable as corresponds to the proportion of the relevant amount which he was liable to pay by virtue of section 32(1)(a) of the Broadcasting Act 1981 (rental payments) in respect of the period beginning with 1st April 1990 and ending with the transfer date;
The IBA shall, in the case of each such contract as is mentioned in subsection (6), also make before the transfer date such variations of the contract as appear to them to be appropriate in consequence of section 129(3).
In this section— and section 129(8) and (9) apply for the purposes of this section.
in relation to any such contract as is mentioned in subsection (1)(a) which relates to the transmission of television programmes, means the Commission, and
in relation to any such contract which relates to the transmission of local sound broadcasts, means the Radio Authority;
Any reference in subsection (1) or (3) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date; and different standards may be so specified for the purposes of subsection (1) in relation to programme contractors of different descriptions.
Where the IBA make any variation of a programme contract in pursuance of section 130(1) to (4) or (6), they may make such variations of that contract of a supplemental, incidental, consequential or transitional nature as they consider appropriate.
The relevant authority may on or after the transfer date make any variation of a programme contract which could have been made before that date by the IBA— and any such variation may be made with retrospective effect as from that date.
in pursuance of section 130(1) to (4), or
in pursuance of subsection (1) above in connection with any variation made in pursuance of section 130(1) to (4);
Before making any variation of a programme contract in pursuance of any provision of section 130, this section or Schedule 11, the IBA or (as the case may be) the relevant authority shall consult the programme contractor concerned.
Any such variation shall be made by means of a notice served on that programme contractor.
In this section—
in relation to a programme contract for the provision of television programmes or teletext transmissions, means the Commission; and
in relation to a programme contract for the provision of local sound broadcasts, means the Radio Authority.
The IBA shall have power, with the approval of the Secretary of State—
to dispose of any relevant assets to a DBS contractor; and
to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).
Any disposal under subsection (1) shall take effect on the transfer date.
In this section “relevant asset” means any equipment or other asset (of whatever description) which has been used or held by the IBA in connection with the transmission of DBS services.
It shall be the duty of the IBA to prepare before the transfer date, in the case of each relevant programme contractor, a contract which—
is expressed to be made between the nominated company and the contractor; and
is to come into force in accordance with subsection (3) at such time (if any) as the contractor becomes the holder of a local licence by virtue of paragraph 1(1) in Part V of Schedule 11 to this Act; and
makes provision in connection with the transmission, as from any such time, of the programmes included in the local service provided by the contractor (as the holder of such a licence), which may include provision for the transmission of those programmes by the nominated company.
For the purposes of subsection (1) the IBA shall, after consultation with all the relevant programme contractors, draw up a number of different standard forms of contract, and each contract prepared by them under that subsection shall be in such one of those forms as they may determine after consultation with the relevant programme contractor concerned.
Any contract prepared under subsection (1) shall by virtue of this subsection come into force, as a contract between the nominated company and the relevant programme contractor concerned, at any such time as is mentioned in paragraph (b) of that subsection and (subject to the provisions of the contract) shall continue in force for such period as is specified in it, being a period expiring not later than 31st December 1994.
If— subsection (3) shall have effect in relation to that contract as if it had been prepared by the IBA under subsection (1) (and accordingly shall not have effect in relation to the contract referred to in paragraph (a) above).
any contract prepared under subsection (1) has not yet come into force, and
the nominated company and the relevant programme contractor concerned agree that it would be more appropriate for them to be parties to a contract which is in one of the other forms of contract drawn up as mentioned in subsection (2), and
the nominated company prepares such a contract as is mentioned in subsection (1) which is in that other form,
The IBA shall be deemed to have had power to impose such requirements as have been imposed by them on the various local sound programme contractors with respect to the making of payments to the IBA for the purpose of enabling reductions to be made in relevant charges; and in this subsection “relevant charges” means charges made by the nominated company in connection with the transmission, during the period beginning with the transfer date and ending with 31st December 1994, of programmes which are included in local services falling within any description of such services determined by the IBA.
The IBA shall have power, with the approval of the Secretary of State—
to dispose of, or of an interest in, any relevant assets to a relevant programme contractor; and
to do so on such terms and for such consideration as they may determine (whether or not any such consideration represents the market value of the assets).
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the purpose of the regulation by the Commission on and after the transfer date of—
diffusion services (within the meaning of Part I of the Cable and Broadcasting Act 1984) which, immediately before that date, were authorised to be provided under that Part of that Act, and
services provided in succession to such services; and
for the purpose of the regulation by the Commission or the Radio Authority on and after the transfer date of services provided in succession to restricted services (within the meaning of that Part of that Act) which, immediately before that date, were authorised to be provided under that Part of that Act.
As a consequence of the vesting in the nominated company, in accordance with the scheme made under Schedule 9 to this Act, of property, rights and liabilities of the IBA, that company shall issue to the Secretary of State such securities of the company as he may from time to time direct.
The Secretary of State shall not give a direction under subsection (1) at a time when the nominated company has ceased to be wholly owned by the Crown.
Securities required to be issued in pursuance of this section shall be issued at such time or times, and (subject to subsection (4)) on such terms, as the Secretary of State may direct.
Any shares issued in pursuance of this section—
shall be of such nominal value as the Secretary of State may direct; and
shall be issued as fully paid and treated for the purposes of the Companies Act 2006 as if they had been paid up by virtue of the payment to the nominated company of their nominal value in cash.
The Secretary of State shall not exercise any power conferred on him by this section, or dispose of any securities issued to him in pursuance of this section, without the consent of the Treasury.
Without prejudice to the generality of section 198(2), any dividends or other sums received by the Secretary of State in right of or on the disposal of any securities acquired by virtue of this section shall be paid into the Consolidated Fund.
The Secretary of State may, with the consent of the Treasury, appoint any person to act as his nominee, or one of his nominees, for the purposes of section 135; but any issue of securities to any such nominee in pursuance of that section shall be effected in accordance with such directions as may be given from time to time by the Secretary of State with the consent of the Treasury.
Any person holding any securities as a nominee of the Secretary of State by virtue of subsection (1) shall hold and deal with them (or any of them) on such terms and in such manner as the Secretary of State may direct with the consent of the Treasury.
As soon as he considers it expedient, and in any case not later than six months after the nominated company ceases to be wholly owned by the Crown, the Secretary of State shall by order fix a target investment limit in relation to the aggregate of the shares for the time being held in the company, under or by virtue of any enactment, by any Minister of the Crown or any nominee of his (“the Government shareholding”).
The target investment limit for the Government shareholding in the company shall be expressed as a proportion of the voting rights which are exercisable in all circumstances at general meetings of the company (“the ordinary voting rights”).
The first target investment limit fixed under this section for the Government shareholding in the company shall be equal to the proportion of the ordinary voting rights which is in fact carried by the Government shareholding in the company at the time when the order fixing the limit is made.
The Secretary of State may from time to time by order fix a new target investment limit for the Government shareholding in the company in place of the one previously in force under this section; but—
any new limit must be lower than the one it replaces; and
an order under this section may only be revoked by an order fixing a new limit.
It shall be the duty of a Minister of the Crown so to exercise— as to secure that the Government shareholding in the company does not carry a proportion of the ordinary voting rights exceeding any target investment limit for the time being in force under this section.
any power to dispose of any shares held in the company under or by virtue of any enactment, and
his power to give directions to any nominee of his,
Notwithstanding subsection (5), a Minister of the Crown may take up, or direct any nominee of his to take up, any rights for the time being available to him, or to the nominee, as an existing holder of shares or other securities of the company; but if, as a result, the proportion of the ordinary voting rights carried by the Government shareholding in the company at any time exceeds the target investment limit for the time being in force under this section, it shall be the duty of that Minister to comply with subsection (5) as soon after that time as is reasonably practicable.
References in this section to a Minister of the Crown include references to the Treasury; and for the purposes of this section the temporary suspension of any of the ordinary voting rights shall be disregarded.
Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If the Secretary of State so directs at any time before the nominated company ceases to be wholly owned by the Crown, such sums as may be specified in the direction shall, instead of being applied in any other way, be carried by the company to a reserve (“the statutory reserve”).
The statutory reserve may only be applied by the nominated company in paying up unissued shares of the company to be allotted to members of the company as fully paid bonus shares.
Notwithstanding subsection (2), the statutory reserve shall not count as an undistributable reserve of the nominated company for the purposes of section 831(4)(d) of the Companies Act 2006 (restriction on distribution of assets); but, for the purpose of determining under that section whether the nominated company may make a distribution at any time, any amount for the time being standing to the credit of the statutory reserve shall be treated for the purposes of section 831(4)(c) as if it were unrealised profits of the company.
As from the transfer date the Secretary of State may, with the consent of the Treasury, make loans to the nominated company out of money provided by Parliament; but no loan shall be made by him under this section at a time when the company has ceased to be wholly owned by the Crown.
The aggregate amount outstanding in respect of the principal of loans made by the Secretary of State under this section shall not exceed the limit specified in subsection (3).
That limit is £20 million or such greater sum, not exceeding £100 million, as the Secretary of State may from time to time specify by order made with the consent of the Treasury.
Any loan made by the Secretary of State under this section shall be repaid to him at such times and by such methods, and interest on the loan shall be paid to him at such times and at such rates, as he may from time to time direct with the consent of the Treasury.
An order shall not be made by the Secretary of State under this section unless a draft of it has been laid before and approved by a resolution of the House of Commons.
The aggregate amount outstanding in respect of the principal of any relevant borrowing of the nominated company shall not, at any time when the company is wholly owned by the Crown, exceed such sum as the Secretary of State may determine with the consent of the Treasury.
In subsection (1) “relevant borrowing”, in relation to the nominated company, means—
loans made to that company or to any subsidiary of that company, other than—
loans so made by any such subsidiary or (as the case may be) by that company, and
loans made to that company by the Secretary of State under section 139; and
loans which are to be treated as having been made to that company, including loans which are to be treated as having been so made by virtue of the issue of debentures in pursuance of section 135.
In this Part—
“local sound programme contractor” means a person who is a programme contractor by virtue of a contract for the provision of local sound broadcasts;
Other expressions used in this Part which are also used in the Broadcasting Act 1981 have the same meaning as in that Act.
The nominated company shall be regarded for the purposes of this Part as wholly owned by the Crown at any time when each of the issued shares in the company is held by, or by a nominee of, the Secretary of State.
The commission which at the commencement of this section is known as the Broadcasting Complaints Commission (in this Part referred to as “the BCC”) shall continue in existence as a body corporate but shall be constituted in accordance with, and have the functions conferred by, this Part.
The BCC shall consist of not less than three members appointed by the Secretary of State.
The Secretary of State shall appoint one member of the BCC to be chairman, and may appoint another to be deputy chairman.
Schedule 13 to this Act shall have effect with respect to the BCC.
Subject to the provisions of this Part, the function of the BCC shall be to consider and adjudicate upon complaints of—
unjust or unfair treatment in programmes to which this Part applies, or
unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.
This Part applies to—
any television or sound programme broadcast by the BBC on or after such date as is specified in an order made by the Secretary of State for the purposes of this subsection;
any television programme broadcast by the Welsh Authority on or after that date; and
any television or sound programme included, on or after that date, in a licensed service.
Complaints must be made in writing.
A complaint may be made by an individual or by a body of persons, whether incorporated or not, but, subject to subsection (3), shall not be entertained by the BCC unless made by the person affected or by a person authorised by him to make the complaint for him.
Where the person affected is an individual who has died or is for any other reason both unable to make a complaint himself and unable to authorise another person to do so for him, a complaint may be made by the personal representative of the person affected, or by a member of his family, or by some other person or body closely connected with him (whether as his employer, or as a body of which he is or was at his death a member, or in any other way).
The BCC shall not entertain, or proceed with the consideration of, a complaint if it appears to them— or if it appears to them for any other reason inappropriate for them to entertain, or proceed with the consideration of, the complaint.
that the complaint relates to the broadcasting of the relevant programme, or to its inclusion in a licensed service, on an occasion more than five years after the death of the person affected, or
that the unjust or unfair treatment or unwarranted infringement of privacy complained of is the subject of proceedings in a court of law in the United Kingdom, or
that the unjust or unfair treatment or unwarranted infringement of privacy complained of is a matter in respect of which the person affected has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the BCC to consider a complaint about it, or
that the complaint is frivolous,
The BCC may refuse to entertain a complaint if it appears to them not to have been made within a reasonable time after the last occasion on which the relevant programme was broadcast or, as the case may be, included in a licensed service.
Where, in the case of a complaint, the relevant programme was broadcast or included in a licensed service within five years after the death of the person affected, subsection (5) shall apply as if at the end there were added “within five years after the death of the person affected”.
The BCC may refuse to entertain—
a complaint of unjust or unfair treatment if the person named as the person affected was not himself the subject of the treatment complained of and it appears to the BCC that he did not have a sufficiently direct interest in the subject-matter of that treatment to justify the making of a complaint with him as the person affected; or
a complaint made under subsection (3) by a person other than the person affected or a person authorised by him, if it appears to the BCC that the complainant’s connection with the person affected is not sufficiently close to justify the making of the complaint by him.
Subject to the provisions of section 144, every complaint made to the BCC shall be considered by them either at a hearing or, if they think fit, without a hearing.
Hearings under this section shall be held in private; and where such a hearing is held in respect of a complaint, each of the following persons shall be given an opportunity to attend and be heard, namely—
the complainant;
the relevant person;
where the relevant programme was included in a licensed service, the appropriate regulatory body;
any person not falling within any of paragraphs (a) to (c) who appears to the BCC to have been responsible for the making or provision of that programme; and
any other person who the BCC consider might be able to assist at the hearing.
Before they proceed to consider a complaint the BCC shall send a copy of it—
to the relevant person, and
where the relevant programme was included in a licensed service, to the appropriate regulatory body.
Where the relevant person receives from the BCC a copy of the complaint, it shall be the duty of that person, if so required by the BCC—
to provide the BCC with a visual or sound recording of the relevant programme or of any specified part of it, if and so far as the relevant person has such a recording in his possession;
to make suitable arrangements for enabling the complainant to view or hear the relevant programme, or any specified part of it, if and so far as the relevant person has in his possession a visual or sound recording of it;
to provide the BCC and the complainant with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as the relevant person is able to do so;
to provide the BCC and the complainant with copies of any documents in the possession of the relevant person being the originals or copies of any correspondence between that person and the person affected or the complainant in connection with the complaint;
to furnish to the BCC and the complainant a written statement in answer to the complaint.
For the purposes of this section, section 155 and section 167 it shall be the duty of each broadcasting body to retain a recording of every television or sound programme which is broadcast by that body—
where it is of a television programme, during the period of 90 days beginning with the broadcast, and
where it is of a sound programme, during the period of 42 days beginning with the broadcast.
Where the relevant person receives from the BCC a copy of a complaint, it shall be the duty of that person, if so required by the BCC—
where the relevant person is a broadcasting body, to arrange for one or more of the governors, members or employees of the body to attend the BCC and assist them in their consideration of the complaint, or
where the relevant person is a body other than a broadcasting body, to arrange for one or more of the following, namely— to attend the BCC and assist them in their consideration of the complaint, or
the persons who take part in the management or control of the body, or
the employees of the body,
where the relevant person is an individual, to attend, or to arrange for one or more of his employees to attend, the BCC and assist them in their consideration of the complaint.
Where the relevant person receives from the BCC a copy of a complaint and, in connection with the complaint, the BCC make to any other person a request to which this subsection applies, it shall be the duty of the relevant person to take such steps as he reasonably can to ensure that the request is complied with.
Subsection (7) applies to the following requests by the BCC to any such other person as is there mentioned, namely—
a request to make suitable arrangements for enabling the complainant and any member or employee of the BCC to view or hear the relevant programme, or any specified part of it, if and so far as the person requested has in his possession a visual or sound recording of it;
a request to provide the BCC and the complainant with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as the person requested is able to do so;
a request to provide the BCC and the complainant with copies of any documents in the possession of the person requested, being the originals or copies of any correspondence between that person and the person affected or the complainant in connection with the complaint;
a request to furnish to the BCC and the complainant a written statement in answer to the complaint;
a request to attend, or (where the person requested is not an individual) to arrange for a representative to attend, the BCC and assist them in their consideration of the complaint.
The BCC may, if they think fit, make to any person who attends them in connection with a complaint such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him so to attend.
In this section “the relevant person” means—
in a case where the relevant programme was broadcast by a broadcasting body, that body; and
in a case where the relevant programme was included in a licensed service, the licence holder providing the service.
Where the BCC have considered and adjudicated upon a complaint, they may give the following directions, namely—
where the relevant programme was broadcast by a broadcasting body, directions requiring that body to publish the matters mentioned in subsection (2) in such manner, and within such period, as may be specified in the directions; and
where the relevant programme was included in a licensed service, directions requiring the appropriate regulatory body to direct the licence holder to publish those matters in such manner, and within such period, as may be so specified.
Those matters are—
a summary of the complaint; and
the BCC’s findings on the complaint or a summary of them.
The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as may be approved by the BCC.
A broadcasting or regulatory body shall comply with any directions given to them under this section.
Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body for the purpose of enabling them to comply with any directions given to them under this section.
The BCC shall publish, at such intervals and in such manner as they think fit, reports each containing, as regards every complaint within this subsection which has been dealt with by them in the period covered by the report, a summary of the complaint and the action taken by them on it and, where they have adjudicated upon it, a summary of their findings.
A complaint made to the BCC is within subsection (6) unless it is one which they are precluded from entertaining by section 144(2).
The BCC may, if they think fit, omit from any summary included in a report under subsection (6) any information which could lead to the disclosure of the identity of any person connected with the complaint in question other than—
a broadcasting or regulatory body; or
a person providing a licensed service.
It shall be the duty of each broadcasting or regulatory body to arrange for the publication (by means of broadcasts or otherwise) of regular announcements publicising the BCC.
Any such announcements may contain a statement of the difference between the kinds of complaints that may be considered by the BCC and those that may be considered by the Broadcasting Standards Council established by this Act.
Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body in connection with the performance by them of their duty under subsection (1).
As soon as possible after the end of every financial year the BCC shall prepare a report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.
The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.
The BCC shall send a copy of the report—
to each broadcasting or regulatory body; and
to every person providing a licensed service.
For the financial year which includes the commencement of this section and each subsequent financial year the Secretary of State shall notify—
to each regulatory body the sum which he considers to be the appropriate contribution of that body, in respect of persons providing licensed services under licences granted by that body, towards the expenses of the BCC; and
to the Welsh Authority the sum which he considers to be the appropriate contribution of that body towards such expenses.
Each regulatory body and the Welsh Authority shall pay to the Secretary of State any sum notified to them under subsection (1).
The council which at the commencement of this section is known as the Broadcasting Standards Council shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Act.
The Council shall consist of—
a chairman and a deputy chairman appointed by the Secretary of State; and
such number of other members appointed by the Secretary of State, not being less than four, as he may from time to time determine.
Schedule 14 to this Act shall have effect with respect to the Council.
It shall be the duty of the Council to draw up, and from time to time review, a code giving guidance as to—
practices to be followed in connection with the portrayal of violence in programmes to which this Part applies,
practices to be followed in connection with the portrayal of sexual conduct in such programmes, and
standards of taste and decency for such programmes generally.
This Part applies to—
any television or sound programme broadcast by the BBC;
any television programme broadcast by the Welsh Authority; and
any television or sound programme included in a licensed service.
It shall be the duty of each broadcasting or regulatory body, when drawing up or revising any code relating to standards and practice for programmes, to reflect the general effect of so much of the code referred to in subsection (1) (as for the time being in force) as is relevant to the programmes in question.
The Council shall from time to time publish the code referred to in subsection (1) (as for the time being in force).
Before drawing up or revising the code the Council shall consult—
each broadcasting or regulatory body; and
such other persons as appear to the Council to be appropriate.
It shall be the duty of the Council to monitor programmes to which this Part applies with a view to enabling the Council—
to make reports on the portrayal of violence and sexual conduct in, and the standards of taste and decency attained by, such programmes generally, and
to determine whether to issue complaints in respect of such programmes under section 154(7).
Subject to section 160(2), the Council may make reports on the matters specified in subsection (1)(a) on such occasions as they think fit; and any such report may include an assessment of either or both of the following, namely—
the attitudes of the public at large towards the portrayal of violence or sexual conduct in, or towards the standards of taste and decency attained by, programmes to which this Part applies; and
any effects or potential effects on the attitudes or behaviour of particular categories of persons of the portrayal of violence or sexual conduct in such programmes or of any failure on the part of such programmes to attain such standards.
The Council may publish any report made by them in pursuance of subsection (1)(a).
The Council shall have the further duty of monitoring, so far as is reasonably practicable, all television and sound programmes which are transmitted or sent from outside the United Kingdom but are capable of being received there, with a view to ascertaining—
how violence and sexual conduct are portrayed in those programmes; and
the extent to which those programmes meet standards of taste and decency.
The Council may make a report to the Secretary of State on any issues identified by them in the course of carrying out their duty under subsection (4) and appearing to them to raise questions of general broadcasting policy.
Subject to the provisions of this section, it shall be the duty of the Council to consider complaints which are made to them under this section and relate— and to make findings on such complaints, taking into account any relevant provisions of the code.
to the portrayal of violence or sexual conduct in programmes to which this Part applies, or
to alleged failures on the part of such programmes to attain standards of taste and decency,
Any such complaint must be in writing and give particulars of the matters complained of.
The Council shall not entertain a complaint which is made— unless it appears to them that in the particular circumstances it is appropriate for them to do so.
where the relevant programme is a television programme, more than two months after the relevant date, or
where the relevant programme is a sound programme, more than three weeks after that date,
In subsection (3) “the relevant date” means—
the date on which the relevant programme was broadcast by a broadcasting body or included in a licensed service, or
where it has been so broadcast or included on more than one occasion, the date on which it was last so broadcast or included.
The Council shall not entertain, or proceed with the consideration of, a complaint if it appears to them—
that the matter complained of is the subject of proceedings in a court of law in the United Kingdom, or
that the matter complained of is a matter in respect of which the complainant has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the Council to consider a complaint about it, or
that the complaint is frivolous, or
that for any other reason it is inappropriate for them to entertain, or proceed with the consideration of, the complaint.
Where, apart from this subsection, there would fall to be considered by the Council two or more complaints which appear to them to raise the same, or substantially the same, issue or issues in relation to a particular programme, the Council may determine that those complaints shall be treated for the purposes of this Part as constituting a single complaint.
If it appears to the Council to be appropriate to do so, they may of their own motion issue complaints relating to matters falling within subsection (1)(a) or (b).
Any such complaint shall give particulars of the matters complained of.
Subject to the provisions of section 154, every complaint made to or issued by the Council under that section shall be considered by them either without a hearing or, if they think fit, at a hearing (and any such hearing shall be held in private unless the Council decide otherwise).
Before the Council proceed to consider a complaint they shall send a copy of it—
to the relevant person; and
where the relevant programme was included in a licensed service, to the appropriate regulatory body.
Where the relevant person receives from the Council a copy of the complaint, it shall be the duty of that person, if so required by the Council—
to provide the Council with a visual or sound recording of the relevant programme or any specified part of it, if and so far as he has such a recording in his possession;
to provide the Council with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as he is able to do so;
to provide the Council with copies of any documents in his possession, being the originals or copies of any correspondence between him and the complainant in connection with the complaint;
to furnish to the Council a written statement in answer to the complaint.
Where a hearing is held in respect of a complaint, the following persons shall be given an opportunity to attend and be heard, namely—
the complainant;
the relevant person;
where the relevant programme was included in a licensed service, the appropriate regulatory body;
any person not within any of paragraphs (a) to (c) who appears to the Council to have been responsible for the making or provision of that programme; and
any other person who the Council consider might be able to assist at the hearing.
In a case where the Council have made a determination in respect of any complaints under subsection (6) of section 154, subsection (4)(a) above shall be construed as referring to such one or more of the persons who made those complaints as the Council may determine; and in relation to a complaint issued by the Council under subsection (7) of that section, subsection (4) above shall have effect as if paragraph (a) were omitted.
The Council may, if they think fit, make to any person who attends a hearing in connection with a complaint such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him so to attend.
In this section “the relevant person” means—
in a case where the relevant programme was broadcast by a broadcasting body, that body; and
in a case where the relevant programme was included in a licensed service, the licence holder providing that service.
Where the Council have considered and made their findings on any complaint, they may give the following directions, namely—
where the relevant programme was broadcast by a broadcasting body, directions requiring that body to publish the matters mentioned in subsection (2) in such manner, and within such period, as may be specified in the directions; and
where the relevant programme was included in a licensed service, directions requiring the appropriate regulatory body to direct the licence holder to publish those matters in such manner, and within such period, as may be so specified.
Those matters are—
a summary of the complaint; and
the Council’s findings, and any observations by them, on the complaint, or a summary of those findings and any such observations.
The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as may be approved by the Council.
A broadcasting or regulatory body shall comply with any directions given to them under this section.
Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body for the purpose of enabling them to comply with any directions given to them under this section.
The Council may make arrangements for the undertaking of research into matters related to or connected with—
the portrayal of violence or sexual conduct in programmes to which this Part applies, or
standards of taste and decency for such programmes generally.
The matters into which research may be undertaken in pursuance of subsection (1) include, in particular, matters falling within section 153(2)(a) and (b).
Arrangements made under subsection (1) shall secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Council.
The Council may publish the results of any research undertaken in pursuance of subsection (1).
The functions of the Council shall include representing Her Majesty’s Government in the United Kingdom, at the request of the Secretary of State, on international bodies concerned with setting standards for television programmes.
It shall be the duty of each broadcasting or regulatory body to arrange for the publication (by means of broadcasts or otherwise) of regular announcements publicising the Council.
Any such announcements may contain a statement of the difference between the kinds of complaints that may be considered by the Council and those that may be considered by the Broadcasting Complaints Commission.
Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body in connection with the performance by them of their duty under subsection (1).
As soon as possible after the end of every financial year the Council shall prepare a report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.
The report shall include a report by the Council on the matters specified in section 153(1)(a).
The Council shall send a copy of the report—
to each broadcasting or regulatory body; and
to every person providing a licensed service.
Any reference in this Part to programmes to which this Part applies shall be construed in accordance with section 152(2).
In section 1 of the Obscene Publications Act 1959 (test of obscenity)—
the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have effect; and
the following subsections shall be added after that subsection—
Schedule 15 to this Act shall have effect for the purpose of supplementing subsection (1) above.
Section 51 of the Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.
After subsection (2) there shall be inserted the following subsection—
In subsection (6), paragraph (a) shall cease to have effect.
In subsection (8)—
in the definition of “material”, the words from “and” onwards shall be omitted;
“programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;
the word “showing,” shall be omitted.
Part III of the Public Order Act 1986 (racial hatred) shall be amended as follows.
In each of the following provisions, namely— for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.
section 18(6) (exemption from prohibition applying to use of threatening words etc.),
section 20(3)(c) (exemption from prohibition applying to public performances of plays), and
section 21(4) (exemption from prohibition applying to distribution etc. of recordings),
In section 22 (broadcasting or including programme in cable programme service)—
in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and
the following provisions shall be omitted, namely—
in subsection (2), the words “broadcasting or cable”,
in subsections (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,
subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and
subsection (8) (application of certain provisions of the Cable and Broadcasting Act 1984).
In section 23 (possession of racially inflammatory material)—
in subsection (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”;
in subsection (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ”; and
subsection (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.
In section 29 (interpretation)—
the definitions of “broadcast” and “cable programme service” shall be omitted;
in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and
the following definition shall be inserted after that definition—.
Part III of the Public Order (Northern Ireland) Order 1987 (stirring up hatred or arousing fear) shall be amended as follows.
In each of the following provisions, namely— for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.
Article 9(5) (exemption from prohibition applying to use of threatening words etc.), and
Article 11(4) (exemption from prohibition applying to distribution etc. of recordings),
In Article 12 (broadcasting or including programme in cable programme service)—
in paragraphs (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and
the following provisions shall be omitted—
in paragraph (2)(a), the words “broadcasting or cable”,
in paragraphs (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,
paragraph (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and
paragraph (8) (application of certain provisions of Cable and Broadcasting Act 1984).
In Article 13 (possession of matter intended or likely to stir up hatred or arouse fear)—
in paragraph (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”
in paragraph (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ” and
paragraph (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.
In Article 17 (interpretation)— “ “programme service” has the same meaning as in the Broadcasting Act 1990;”.
the definitions of “broadcast” and “cable programme service” shall be omitted;
in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and
the following definition shall be inserted after that definition—
For the purposes of the law of libel and slander ... the publication of words in the course of any programme included in a programme service shall be treated as publication in permanent form.
Subsection (1) above shall apply for the purposes of section 3 of each of the Defamation Acts (slander of title etc.) as it applies for the purposes of the law of libel and slander.
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reports or matters included in a programme service, and
any inclusion in such a service of any such report or matter,
In this section “the Defamation Acts” means the Defamation Act 1952 and the Defamation Act (Northern Ireland) 1955.
Subsections (1) and (2) above do not extend to Scotland.
If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—
to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and
on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.
An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.
A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—
section 3 of the Obscene Publications Act 1959;
section 24 or 29H of the Public Order Act 1986; and
Article 14 of the Public Order (Northern Ireland) Order 1987.
In the application of subsection (1) to England and Wales “relevant offence” means an offence under—
section 2 of the Obscene Publications Act 1959; or
section 22 or 29F of the Public Order Act 1986.
In the application of subsection (1) to Scotland—
“relevant offence” means an offence under—
section 51 of the Civic Government (Scotland) Act 1982, or
section 22 of the Public Order Act 1986;
the reference to a justice of the peace shall include a reference to the sheriff; and
for the reference to information on oath there shall be substituted a reference to evidence on oath.
In the application of subsection (1) to Northern Ireland—
“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;
for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and
for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.
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Section 14 of the 1949 Act (penalties and legal proceedings) shall be amended as follows.
In subsection (1), the following paragraphs shall be inserted before paragraph (a)—.
In subsection (1A), the following paragraph shall be inserted after paragraph (a)—.
The following subsections shall be substituted for subsection (3)—
In subsection (3E), for the words from “(whether” to “provision” there shall be substituted “, shall be treated as an offence committed under the same provision, and at the same time,”.
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In subsection (1) of section 15 of the 1949 Act (entry and search of premises)—
after “Act” there shall be inserted “or under the Marine, &c., Broadcasting (Offences) Act 1967”; and
the words “and named in the warrant,” shall be omitted.
In subsection (2) of that section, the words “and named in the authorisation” shall be omitted.
The following subsection shall be inserted after subsection (2) of that section—
In subsection (1)(b) of section 79 of the Telecommunications Act 1984 (seizure of apparatus and other property used in committing certain offences connected with wireless telegraphy), the following paragraphs shall be inserted after “reception);”—.
In subsection (2) of that section—
for “the person or persons named in it” there shall be substituted “any person authorised by the Secretary of State to exercise the power conferred by this subsection”; and
the words “or them” shall be omitted.
The following subsection shall be inserted after subsection (4) of that section—
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In Chapter VII of Part I of the Copyright, Designs and Patents Act 1988 (copyright licensing) there shall be inserted after section 135—
In section 149 of that Act (jurisdiction of the Copyright Tribunal), after paragraph (c) there shall be inserted— “(cc) section 135D or 135E (application or reference with respect to use as of right of sound recordings in broadcasts or cable programme services);”.
In section 179 of that Act (index of defined expressions)—
needletime section 135A terms of payment section 135A
in the entry for sound recordings, for “section 5” there shall be substituted “ sections 5 and 135A ”.
A person providing a programme service to which this section applies must make available in accordance with this section information relating to the programmes to be included in the service to any person (referred to in this section and Schedule 17 to this Act as “the publisher”) wishing to publish in the United Kingdom any such information.
The duty imposed by subsection (1) is to make available information as to the titles of the programmes which are to be, or may be, included in the service on any date, and the time of their inclusion, to any publisher who has asked the person providing the programme service to make such information available to him and reasonably requires it.
Information to be made available to a publisher under this section is to be made available as soon after it has been prepared as is reasonably practicable but, in any event—
not later than when it is made available to any other publisher, and
in the case of information in respect of all the programmes to be included in the service in any period of seven days, not later than the beginning of the preceding period of fourteen days, or such other number of days as may be prescribed by the Secretary of State by order.
An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The duty imposed by subsection (1) is not satisfied by providing the information on terms, other than terms as to copyright, prohibiting or restricting publication in the United Kingdom by the publisher.
Schedule 17 applies to any information or future information which the person providing a programme service to which this section applies is or may be required to make available under this section.
For the purposes of this section and that Schedule, the following table shows the programme services to which the section and Schedule apply and the persons who provide them or are to be treated as providing them. Programme service Provider of service Services other than services under the Act Television and national radio services provided by the BBC for reception in the United Kingdom The BBC Services under the Act Television programme services subject to regulation by OFCOM The person licensed to provide the service The public television services of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) S4C Any national service (see section 126(1) ) subject to regulation by OFCOM, any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by OFCOM The person licensed to provide the service Services provided during interim period only Television broadcasting services provided by the Independent Television Commission in accordance with Schedule 11, other than Channel 4 The programme contractor Channel 4, as so provided The body corporate referred to in section 12(2) of the Broadcasting Act 1981
This section does not require any information to be given about any advertisement.
“foreign satellite service” means— a service which— consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom, does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), and is not provided by the BBC or S4C, or a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom; ...
Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.
If OFCOM consider that the quality of any foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.
OFCOM shall not consider a foreign satellite service to be unacceptable for the purposes of subsection (2) unless they are satisfied that there is repeatedly contained in programmes included in the service matter which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling.
Where the Secretary of State has been notified under subsection (2), he shall not make an order under this section unless he is satisfied that the making of the order—
is in the public interest; and
is compatible with any international obligations of the United Kingdom.
An order under this section—
may make such provision for the purpose of identifying a particular foreign satellite service as the Secretary of State thinks fit; and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and section 178—
This section applies to any foreign satellite service which is proscribed for the purposes of this section by virtue of an order under section 177; and references in this section to a proscribed service are references to any such service.
Any person who in the United Kingdom does any of the acts specified in subsection (3) shall be guilty of an offence.
Those acts are—
supplying any equipment or other goods for use in connection with the operation or day-to-day running of a proscribed service;
supplying, or offering to supply, programme material to be included in any programme transmitted in the provision of a proscribed service;
arranging for, or inviting, any other person to supply programme material to be so included;
advertising, by means of programmes transmitted in the provision of a proscribed service, goods supplied by him or services provided by him;
publishing the times or other details of any programmes which are to be transmitted in the provision of a proscribed service or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote a proscribed service (whether directly or indirectly);
supplying or offering to supply any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted in the provision of a proscribed service.
In any proceedings against a person for an offence under this section, it is a defence for him to prove that he did not know, and had no reasonable cause to suspect, that the service in connection with which the act was done was a proscribed service.
A person who is guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
For the purposes of this section a person exposing decoding equipment for supply or having such equipment in his possession for supply shall be deemed to offer to supply it.
Section 46 of the Consumer Protection Act 1987 shall have effect for the purpose of construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of any goods.
In this section “programme material” includes—
a film (within the meaning of Part I of the Copyright, Designs and Patents Act 1988);
any other recording; and
any advertisement or other advertising material.
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In section 299 of the Act of 1988 (fraudulent reception of programmes broadcast from countries or territories outside the United Kingdom)—
subsection (2) shall cease to have effect; and
in subsection (5), after “297” there shall be inserted “ , 297A ”.
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The Wireless Telegraphy Act 1949 (“the 1949 Act”) shall have effect subject to the amendments specified in Part I of Schedule 18 to this Act (by virtue of which functions of the Secretary of State as respects the issue and renewal of television licences are transferred to the BBC).
Section 3(3) of the Post Office Act 1969 (refunds in respect of wireless telegraphy licences) shall not apply to sums which, by virtue of subsection (1) above, are paid to the BBC under section 2(1) of the 1949 Act (fees and charges for licences); but refunds of sums so paid may be made by the BBC, out of sums received by them under section 2(1) of the 1949 Act, in such cases or classes of cases as they may determine.
Except so far as required for the making of refunds under subsection (2) above, sums received by the BBC under section 2(1) of the 1949 Act shall be paid into the Consolidated Fund.
Part I of the Wireless Telegraphy Act 1967 (obtaining of information as to sale and hire of television sets) shall have effect subject to the amendments specified in Part II of Schedule 18 to this Act (by virtue of which all of the functions of the Secretary of State under that Part of that Act, apart from his power to make regulations under section 2(7) or 6(1), are transferred to the BBC).
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Any apparatus which— shall be deemed for the purposes of the 1949 Act to be apparatus for wireless telegraphy.
is connected to the telecommunication system by means of which a relevant cable service is provided, and
is so connected for the purpose of enabling any person to receive any programmes included in that service by means of the reception and immediate re-transmission of programmes included in a television broadcasting service,
Any such apparatus shall, in addition, be deemed for the purposes of— to be television receiving apparatus.
section 1(7) of the 1949 Act (as amended by Part I of Schedule 18 to this Act), and
any regulations made by the Secretary of State for the purposes of that provision under section 2 of that Act,
In this section “relevant cable service” means a service provided by any person to the extent that it consists in the use of a telecommunication system (whether run by him or by any other person) for the purpose of the delivery, otherwise than by wireless telegraphy, of programmes included in one or more television broadcasting services, where such programmes are so delivered—
for simultaneous reception at two or more places in the United Kingdom, or
for reception at any place in the United Kingdom for the purpose of being presented there either to members of the public or to any group of persons.
In this section—
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The Independent Television Commission shall do all that they can to secure that any programme which consists of or includes the whole or any part of a listed event shall not be included on pay-per-view terms in any service provided by the holder of a licence granted by the Commission under Part I of this Act.
Any such programme as is mentioned in subsection (1) shall not be included on pay-per-view terms in any television broadcasting service provided by the BBC or the Welsh Authority.
For the purposes of this section—
a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this section; and
a programme is included in any service on pay-per-view terms if any payments falling to be made by subscribers to that service will or may vary according to whether that programme is or is not actually received by them.
The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (3) unless he has first consulted— and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.
the BBC;
the Welsh Authority;
the Commission; and
in relation to a relevant event, the person from whom the rights to televise that event may be acquired;
As soon as he has drawn up or revised such a list as is mentioned in subsection (3), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—
the persons mentioned in subsection (4); and
every person who is the holder of a licence granted by the Commission under Part I of this Act.
Neither subsection (1) nor subsection (2) above shall apply in relation to the inclusion in such a service as is mentioned in that subsection of a programme which consists of or includes a recording of the whole or any part of any listed event where the programme is so included more than 48 hours after the original recording was made.
In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.
The Scottish Ministers must, for each financial year, pay to OFCOM such amount as they may determine to be appropriate for the purposes of this section.
may, for the financial year beginning with 1st April 1991, and
shall, for each subsequent financial year,
Any amount received by OFCOM under subsection (1) shall be carried by them to the credit of a fund established by the Independent Television Commission under this section and known as the Gaelic Broadcasting Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of OFCOM).
The Fund shall be under the management of a body established for the purposes of this section ...
a chairman appointed by the Commission; and
such number of other members appointed by the Commission, not being less than four nor more than eight, as they may from time to time determine.
The Fund may be applied by the Committee—
in the making of grants for the following purposes, namely—
financing the making of television programmes in Gaelic primarily with a view to the broadcasting of such programmes for reception in Scotland;
financing the training of persons employed or to be employed in connection with the making of such programmes; and
other purposes connected with or related to the making of such programmes; and
in financing the undertaking of research into the types of television programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast.
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When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.
The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.
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In carrying out their functions, the Service may finance, or engage in, any of the following—
the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;
the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;
research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.
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But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—
a Channel 3 service;
Channel 4;
Channel 5;
a national sound broadcasting service;
a national digital sound programme service; or
a television multiplex service or a radio multiplex service.
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In this section, section 183A and Schedule 19— “Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1; “national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996; “national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section; “Gaelic” means the Gaelic language as spoken in Scotland; “programme” includes any item included in a programme service; “radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996; “the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service); “television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996; and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.
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Section 16 shall have effect in relation to any service to which this section applies as if the following requirements were included among those specified in subsection (2) of that section, namely—
that a suitable proportion of the programmes included in the service are programmes in Gaelic other than funded Gaelic productions;
that the service includes funded Gaelic productions of which—
a suitable proportion are of high quality, and
a suitable proportion are shown at peak viewing times; and
that (taking the programmes included in the service in accordance with paragraphs (a) and (b) above as a whole) the service includes a wide range of programmes in Gaelic.
In subsection (1) above “funded Gaelic productions” means programmes in Gaelic the making of which has been wholly or partly financed out of grants made in pursuance of section 183(4) to the person providing the service.
The conditions which are, by virtue of section 33(1), to be included in a licence to provide a service to which this section applies accordingly include conditions imposed for the purpose of securing that the requirements specified in paragraphs (a) to (c) of subsection (1) above are complied with in relation to the service.
This section applies—
to any regional Channel 3 service that is to be provided for an area the whole of which is in Scotland; and
if the Commission determine that it shall so apply, to any regional Channel 3 service that is to be provided for an area the greater part of which is in Scotland.
In this section “licence” and “regional Channel 3 service” have the same meaning as in Part I of this Act; and subsection (9) of section 183 applies for the purposes of this section.
The Service shall consist of not more than twelve members.
The members of the Service are to be appointed by OFCOM
OFCOM must appoint one of the members to be the chairman of the Service.
The approval of the Scottish Ministers is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.
The members of the Service must include—
a member nominated by the BBC;
a member nominated by Highlands and Islands Enterprise; and
a member nominated by Bòrd na Gàidhlig.
When appointing members of the Service, OFCOM must have regard to—
the desirability of having members of the Service who are proficient in written and spoken Gaelic; and
any guidance issued by the Scottish Ministers for the purposes of this section.
OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—
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the independent television and radio production industries in Scotland;
other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.
Schedule 19 to this Act shall have effect with respect to the Service.
In this section—
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OFCOM shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 , Channel 4 and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.
In this section “the nominated body” means such body as may for the time being be nominated by OFCOM for the purposes of this section, being a body which—
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appears to OFCOM to be in a position to maintain a national television archive.
A Channel 3 , Channel 4 or Channel 5 licence shall include conditions requiring the licence holder to pay to OFCOM , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).
Any amount received by OFCOM by virtue of subsection (3) shall be transmitted by them to the nominated body.
In this section— ... “Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act. “Channel 4 licence” means— the licence referred to in section 231(1)(b) of the Communications Act 2003; and a licence renewing that licence on the first or any subsequent occasion.
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It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the television broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.
In subsection (1)— and before making an order under section 16(5) or (6) the Secretary of State shall (in addition to consulting the Independent Television Commission in accordance with section 16(7)) consult the BBC.
“qualifying programmes” and “independent productions” have the same meaning as in section 16(2)(h), and “the prescribed percentage” means the percentage for the time being specified in section 16(2)(h); and
the reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved;
The Director General of Fair Trading (“the Director”) shall, in respect of each relevant period, make a report to the Secretary of State on the extent to which the BBC have, in his opinion, performed their duty under subsection (1) above in that period.
A report made by the Director under subsection (3) may contain, in addition to his conclusions as to the extent to which the BBC have performed that duty in the period in question—
such an account of his reasons for those conclusions as is, in his opinion, expedient for facilitating a proper understanding of those conclusions; and
his observations, in the light of those conclusions and his reasons for them, with regard to—
competition in connection with the production of television programmes for broadcasting by the BBC, or
matters appearing to him to arise out of, or to be conducive to, such competition.
The Director may at any time make a report to the Secretary of State on any matter related to or connected with the performance by the BBC of their duty under subsection (1); and any such report may include observations by the Director on any matter falling within subsection (4)(b)(i) or (ii) and pertinent to the subject-matter of the report.
The Director shall publish any report made by him under this section in such manner as he considers appropriate; and where he makes any report under this section he shall have regard to the need for excluding from the report, so far as it is practicable to do so—
any matter which relates to the private affairs of an individual, where in the opinion of the Director the publication of that matter would or might seriously and prejudicially affect the interests of that individual; and
any matter which relates specifically to the affairs of a body of persons (whether corporate or unincorporate), where in the opinion of the Director—
publication of that matter would or might seriously and prejudicially affect the interests of that body, and
it is not necessary for the purposes of the report to include that matter as matter specifically relating to that body.
For the purposes of the law relating to defamation, absolute privilege shall attach to any report of the Director under this section.
In any proceedings relating to the performance by the BBC of their duty under subsection (1), any report made by the Director under subsection (3)— and any document purporting to be a copy of any such report shall be received in evidence and shall be deemed to be such a copy unless the contrary is shown.
shall be evidence of any facts stated in the report, and
so far as it consists of any such conclusions as are mentioned in subsection (4), shall be evidence of the extent to which the BBC have performed that duty in the relevant period in question;
The following periods are relevant periods for the purposes of this section, namely—
the period beginning with 1st January 1993 and ending with 31st March 1994;
the financial year beginning with 1st April 1994; and
each subsequent financial year.
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to produce to him such documents specified or described in the notice (being documents in the custody or under the control of the BBC), or
to furnish him, in a form specified in the notice, with such estimates, returns or other information specified or described in it,
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to produce any document which they could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session, or
in complying with any requirement for the furnishing of information, to give any information which they could not be compelled to give in evidence in such proceedings.
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A body to which this section applies shall carry out any functions which the Secretary of State may by order direct them to carry out for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any international obligations of the United Kingdom.
This section applies to—
the BBC;
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S4C;
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An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Where— that limitation shall not have effect so as to preclude the doing of anything which is done in relation to that apparatus in pursuance of that agreement; and anything which is so done shall be disregarded in determining, for the purposes of the telecommunications code as it applies in relation to the operator, the purposes for which that apparatus is used.
the telecommunications code contained in Schedule 2 to the 1984 Act expressly or impliedly imposes any limitation on the use to which any telecommunication apparatus installed by a person (“the operator”) may be put, and
the operator is a party to a relevant agreement,
In this section “relevant agreement”, in relation to any telecommunication apparatus, means an agreement in writing—
to which the parties are either—
two or more persons to whom this section applies, or
one or more persons to whom this section applies and one or more telecommunications operators who are not such persons; and
which relates to the sharing by those persons of the use of that apparatus.
Subsection (1) shall not be construed, in relation to a person who is authorised by a relevant agreement to share the use of any apparatus installed by another party to the agreement, as affecting any requirement on him (whether imposed by any statutory provision or otherwise) to obtain any consent or permission in connection with the installation by him of any apparatus, or the doing by him of any other thing, in pursuance of the agreement.
This section applies to—
the holder of a licence to provide a local delivery service within the meaning of Part II of this Act;
the holder of any licence to provide a prescribed diffusion service continued in force by, or granted under, Part II of Schedule 12 to this Act;
a telecommunications operator in his capacity as a person providing the means of delivery for the service provided under his licence by a person falling within paragraph (a) or (b) above; and
the company nominated for the purposes of section 127(1).
In this section—
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This section applies to licences which have been granted under section 7 of the Telecommunications Act 1984 (licensing of telecommunication systems) before the transfer date and continue in force on or after that date.
In any licence to which this section applies, any reference (however expressed) to a cable programme service sent under a licence granted under section 4 of the Cable Act shall be construed, as from the transfer date, as a reference to a licensable service within the meaning of Part I of that Act (other than an exempt service), whether sent— or otherwise.
under a diffusion licence which is continued in force by, or granted under, Part II of Schedule 12 to this Act, or
under a local delivery licence granted under this Act,
Where any licence to which this section applies (“the telecommunications licence”) authorises the Secretary of State to revoke that licence in the event of the revocation of a licence granted under section 4 of the Cable Act in respect of the licensed systems (“the cable licence”), he may similarly revoke the telecommunications licence in the event of the revocation of any licence granted in respect of the licensed systems, in succession to the cable licence, under or in pursuance of any of paragraphs 2 to 4 in Part II of Schedule 12 to this Act.
Where any licence to which this section applies (“the telecommunications licence”) provides for that licence to remain in force so long as there remains in force in respect of the licensed systems a licence granted under section 4 of the Cable Act (“the cable licence”), then if a local delivery licence is granted in respect of the licensed system, in succession to the cable licence, in pursuance of paragraph 6 in Part II of Schedule 12 to this Act, the telecommunications licence shall (subject to the terms contained in it) remain in force so long as that local delivery licence remains in force.
In this section— and any reference to a licence granted under section 4 of the Cable Act includes, in relation to a licence to which this section applies (“the relevant licence”), a reference to a licence granted under section 58 of the Telecommunications Act 1984 (whether described in the relevant licence in those terms or in any other way).
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In section 137(3) of the Fair Trading Act 1973 (definition of “supply of services”), there shall be inserted after paragraph (e) and
It is hereby declared for the avoidance of doubt that the provision of a broadcasting service is not a service falling within paragraph 7 of Schedule 5 to the Fair Trading Act 1973 (restriction on making references under section 14, 50 or 51 of the Act in connection with telecommunication services) by reason of the fact that the broadcasting service is provided by means of the running of any such system as is mentioned in that paragraph.
In subsection (2) “broadcasting service” means—
a programme service; or
a local delivery service (within the meaning of Part II of this Act).
In Part I of Schedule 7 to the Fair Trading Act 1973, paragraphs 8 and 9 (provision of programmes for transmission by Independent Broadcasting Authority, or of licensed cable programme services, wholly excluded from references under section 50 or 51 of the Act) shall cease to have effect.
Where the relevant authority makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
In subsection (1) “relevant order” means—
an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—
one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or
one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or
an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.
where the circumstances are as mentioned in section 10(1) of the Competition Act 1980 (order on report on competition reference) and the anti-competitive practice was pursued in connection with the provision of such programmes.
Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.
In subsection (1), “relevant authority” means—
in relation to a relevant order falling within subsection (2)(a), the Competition and Markets Authority or (as the case may be) the Secretary of State;
in relation to a relevant order falling within subsection (2)(b), the Competition and Markets Authority, the Secretary of State or (as the case may be) OFCOM.
In this section —
The Restrictive Trade Practices Act 1976 shall not apply, and shall be deemed never to have applied, to any relevant networking arrangements which are specified, or are of a description specified, in an order made by the Secretary of State (whether before or after the making of those arrangements) and which satisfy such conditions as may be so specified.
In subsection (1) “relevant networking arrangements” means—
any arrangements entered into as mentioned in section 39(4) or (7)(b) above, or
any agreement not falling within paragraph (a) but made for the purpose mentioned in section 39(1) above.
Before making an order under subsection (1) the Secretary of State shall consult the Independent Television Commission and the Director General of Fair Trading; and such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section a “relevant agreement” means an agreement—
which is made between all holders of regional Channel 3 licences for securing the appointment by them, in accordance with conditions included in their licences by virtue of section 280 of the Communications Act 2003, of a single body corporate to be the appointed news provider for the purposes of that section, or
which is made between them and the body corporate appointed to be the appointed news provider for the purposes of that section for purposes connected with the appointment.
If, having sought the advice of the CMA and OFCOM, it appears to the Secretary of State, in relation to some or all of the provisions of a relevant agreement, that the conditions mentioned in subsection (3) are satisfied, he may make a declaration to that effect.
The conditions are that—
the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or
the effect of restricting, distorting or preventing competition which the provisions in question do have or are intended or are likely to have, is not greater than is necessary—
in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of section 280 of the Communications Act 2003, or
in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of that section of that Act of 2003.
If the Secretary of State makes a declaration under this section, the Chapter I prohibition does not apply to the agreement to the extent to which the agreement consists of provisions to which the declaration relates.
If the Secretary of State is satisfied that there has been a material change of circumstances, he may—
revoke a declaration made under this section, if he considers that the grounds on which it was made no longer exist;
vary such a declaration, if he considers that there are grounds for making a different declaration; or
make a declaration, even though he has notified the CMA or OFCOM or both of them of his intention not to do so.
If the Secretary of State makes, varies or revokes a declaration under this section, he must notify the CMA and OFCOM of his decision.
Neither the CMA nor OFCOM may exercise any Chapter III powers in respect of a relevant agreement, unless—
the Secretary of State has been notified by the CMA or (as the case may be) by OFCOM of its or their intention to do so; and
the Secretary of State—
has notified the CMA and OFCOM that he has not made a declaration in respect of the agreement, or provisions of the agreement, under this section and that he does not intend to make such a declaration; or
has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.
Where the CMA or OFCOM is or are proposing to exercise any Chapter III powers in respect of a relevant agreement, it or they must give the Secretary of State particulars of the agreement and such other information—
it considers or (as the case may be) they consider will assist the Secretary of State to decide whether to exercise his powers under this section; or
as the Secretary of State may request.
In this section– and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.
In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice.
In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.
Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, then he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
If a justice of the peace is satisfied by information on oath— he may grant a search warrant conferring power on any person or persons authorised in that behalf by OFCOM to enter and search the premises specified in the information at any time within one month from the date of the warrant.
that there is reasonable ground for suspecting that an offence under section 13 ... or 97 has been or is being committed on any premises specified in the information, and
that evidence of the commission of the offence is to be found on those premises,
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in relation to an offence under section 13 or 82, means the Independent Television Commission; and
in relation to an offence under section 97, means the Radio Authority.
A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
A person who discloses, otherwise than for the purposes of any legal proceedings or of a report of any such proceedings, any information obtained by means of an exercise of powers conferred by this section shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.
In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to a complaint on oath.
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Subject to subsections (2) to (4), no information with respect to any particular business which has been obtained under or by virtue of this Act shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business.
Subsection (1) does not apply to any disclosure of information which is made—
for the purpose of facilitating the performance of—
any functions of the Independent Television Commission, the Welsh Authority or the Radio Authority under this Act or the 1988 Regulations, or
any functions of the Director General of Fair Trading, the Secretary of State or the Monopolies and Mergers Commission under the Fair Trading Act 1973 (excluding Parts II, III and XI of that Act), the Restrictive Trade Practices Act 1976, the Competition Act 1980 or this Act or the 1988 Regulations;
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings or a report of any such proceedings;
for the purposes of any civil proceedings brought under or by virtue of the Fair Trading Act 1973 (excluding Part III), the Restrictive Trade Practices Act 1976 or this Act or the 1988 Regulations, or for the purposes of a report of any such proceedings; or
in pursuance of any Community obligation.
Nothing in subsection (1) shall be construed—
as limiting the matters which may be included in, or be made public as part of, a report under section 186 above or under Schedule 4 to this Act, or
as applying to any information which has been made public as part of such a report.
Subsection (1) does not apply to any information obtained as mentioned in section 196(4) above.
The following provisions, namely— shall not apply to any disclosure of information which is made for the purpose of facilitating the performance of any functions of the Independent Television Commission, the Welsh Authority or the Radio Authority under this Act or the 1988 Regulations.
section 133(1) of the Fair Trading Act 1973,
section 41(1) of the Restrictive Trade Practices Act 1976, and
section 19(1) of the Competition Act 1980,
Any person who discloses any information in contravention of subsection (1) shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
In this section “the 1988 Regulations” means the Control of Misleading Advertisements Regulations 1988.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
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by delivering it to him,
by leaving it at his proper address, or
by sending it by post to him at that address.
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in the case of a body corporate, be served on or given to the secretary or clerk of that body;
in the case of a partnership, be served on or given to any partner or any person having the control or management of the partnership business;
in the case of an unincorporated association other than a partnership, be served on or given to any member of the governing body of the association.
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where it is to be served on or given to a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body; and
where it is to be served on or given to a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
Any notice served by OFCOM under section 21, 41, 42, 55, 97B, 103, 105A, 109, 110, 111 or 120 shall be published in such manner as that body consider appropriate, and shall be so published as soon as reasonably practicable after it is served.
by the Independent Television Commission under section 21, 41, 42 or 55, or
by the Radio Authority under section 103, 109, 110, 111, or 120,
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Any power of the Secretary of State to make regulations or an order under this Act shall be exercisable by statutory instrument.
Any regulations or order made by the Secretary of State under this Act may make—
different provision for different cases; and
such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.
In this Act “programme service” means any of the following services (whether or not it is, or it requires to be, licensed ...), namely—
any television broadcasting service or other television programme service (within the meaning of Part I of this Act);
any service which is a programme service within the meaning of the Communications Act 2003;
any sound broadcasting service or licensable sound programme service (within the meaning of Part III of this Act);
any other service which consists in the sending, by means of an electronic communications network (within the meaning of the Communications Act 2003) , of sounds or visual images or both either—
for reception at two or more places in the United Kingdom (whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service); or
for reception at a place in the United Kingdom for the purpose of being presented there to members of the public or to any group of persons.
Subsection (1)(c) does not apply to—
a local delivery service (within the meaning of Part II of this Act);
a service where the running of the telecommunication system does not require to be licensed under Part II of the Telecommunications Act 1984; or
a two-way service (as defined by section 46(2)(c)).
Subsection (1)(c) does not apply to so much of a service consisting only of sound programmes as—
is a two-way service (within the meaning of section 248(4) of the Communications Act 2003);
satisfies the conditions in section 248(5) of that Act; or
is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 248(7) of that Act.
Subsection (1)(c) does not apply to so much of a service not consisting only of sound programmes as—
is a two-way service (within the meaning of section 232 of the Communications Act 2003);
satisfies the conditions in section 233(5) of that Act; or
is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 233(7) of that Act.
In this Act (unless the context otherwise requires)—
“transfer scheme” means a scheme under this Schedule made either by the IBA under paragraph 2(1) below or by the Secretary of State under paragraph 2(4) below.
In any provision of— “financial year” means a financial year of the body with which that provision is concerned; and in any other provision of this Act “financial year” means the twelve months ending with 31st March.
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Schedule ..., 2, 3, 6, ..., . . . or 19,
In this Act—
references to pensions, allowances or gratuities include references to like benefits to be given on death or retirement; and
any reference to the payment of pensions, allowances or gratuities to or in respect of any persons includes a reference to the making of payments towards provision for the payment of pensions, allowances or gratuities to or in respect of those persons.
Any reference in this Act (however expressed) to a licence under this Act being in force is a reference to its being in force so as to authorise the provision under the licence of the licensed service; and any such reference shall accordingly not be construed as prejudicing the operation of any provisions of such a licence which are intended to have effect otherwise than at a time when the licensed service is authorised to be so provided.
It is hereby declared that, for the purpose of determining for the purposes of any provision of this Act whether a service is— the fact that the service has been encrypted to any extent shall be disregarded.
... capable of being received, within the United Kingdom or elsewhere, or
for reception at any place or places, or in any area, in the United Kingdom,
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Any reference in this Act, in relation to a service consisting of programmes transmitted by satellite— is a reference to a person by whom, or a place from which, the programmes are transmitted to the satellite by means of which the service is provided.
to a person by whom the programmes are transmitted, or
to a place from which the programmes are transmitted,
For the purposes of this Act—
a person shall not be regarded as carrying on business as an advertising agent, or as acting as such an agent, unless he carries on a business involving the selection and purchase of advertising time or space for persons wishing to advertise;
a person who carries on such a business shall be regarded as carrying on business as an advertising agent irrespective of whether in law he is the agent of those for whom he acts;
a person who is the proprietor of a newspaper shall not be regarded as carrying on business as an advertising agent by reason only that he makes arrangements on behalf of advertisers whereby advertisements appearing in the newspaper are also to appear in one or more other newspapers;
a company or other body corporate shall not be regarded as carrying on business as an advertising agent by reason only that its objects or powers include or authorise that activity.
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Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.
The enactments mentioned in Schedule 20 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the provisions of this Act).
Unless the context otherwise requires, in any enactment amended by this Act—
The enactments mentioned in Schedule 21 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.
This Act may be cited as the Broadcasting Act 1990.
This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.
Subject to subsections (4) and (5), this Act extends to the whole of the United Kingdom.
In Part VII—
section 162 and Schedule 15 extend to England and Wales only;
section 163 extends to Scotland only;
section 164 extends to England and Wales and Scotland; and
section 165 extends to Northern Ireland only.
The amendments and repeals in Schedules 20 and 21 have the same extent as the enactments to which they refer.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such modifications, if any, as appear to Her Majesty to be appropriate.
Section 56A
The S4C Board is to consist of— The non-executive members are to be— It is for the Secretary of State— The executive members are to be— It is for the non-executive members, in accordance with sub-paragraph (4)(b)— A person making an appointment under this paragraph must do so with a view to ensuring that, collectively, the members of the S4C Board have the range of skills and experience needed for the effective running of S4C.
The members of the S4C Board must not at any time include a person who is a member or an employee of the BBC. The members of the S4C Board must not at any time include a person who is a member or an employee of OFCOM. The Secretary of State must—
A member of the S4C Board holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule. A non-executive member must be appointed for a fixed term of not more than five years. A person who has held office as a non-executive member for two consecutive terms may not be re-appointed as a non-executive member until the end of the five years beginning with the end of the second of those terms. A non-executive member ceases to be a member of the S4C Board if the member— An executive member under paragraph 1(4)(a) ceases to be a member of the S4C Board on ceasing to be the Chief Executive of S4C. Any other executive member ceases to be a member of the S4C Board if the member—
S4C may pay to each non-executive member of the S4C Board such remuneration and allowances as the Secretary of State may determine. S4C may pay or make provision for paying to or in respect of any non-executive member of the S4C Board such sums by way of pensions, allowances or gratuities as the Secretary of State may determine. S4C may pay compensation, of such amount as the Secretary of State may determine, to a person where—
The S4C Board may regulate its own procedure (including quorum), subject to the provisions of paragraphs 6 and 7. The S4C Board may make arrangements providing for the discharge of any of the S4C Board’s functions by—
In managing the affairs of S4C the S4C Board must have regard to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to S4C.
A member of the S4C Board who has an interest, whether directly or indirectly, in any matter that is brought up for consideration at a meeting of the S4C Board must disclose the nature of that interest to the meeting. Where a disclosure is made under sub-paragraph (1)— Sub-paragraph (2)(b) does not apply in relation to a meeting of the S4C Board at which all the other members present resolve that the member’s interest is to be disregarded for the purposes of that provision. For the purposes of sub-paragraph (1)— References in this paragraph to a meeting of the S4C Board include references to a meeting of any of its committees.
The validity of any proceedings of S4C or the S4C Board is not affected by—
any vacancy among the members of the S4C Board,
any defect in the appointment of a member of the S4C Board, or
a failure to comply with the requirements of paragraph 7.