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Disqualified persons | |
70 (1) Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be | |
amended as follows. | |
(2) In paragraph 1(1) of Part 1, after the definition of “associate” there shall be | |
inserted— | 5 |
“‘Broadcasting Act licence’ means a licence under Part 1 or | |
3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;”. | |
(3) In Part 2 (disqualified persons), for “a licence granted by the Commission or | |
the Authority”, wherever occurring, there shall be substituted “a | |
Broadcasting Act licence”. | 10 |
(4) In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within | |
paragraphs (a) to (g)), for “(a)” there shall be substituted “(c)”. | |
(5) In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted | |
“under Part 3 of this Act or Part 2 of the Broadcasting Act 1996”. | |
(6) In paragraph 4(1) of Part 2, for “that body” there shall be substituted | 15 |
“OFCOM”. | |
(7) In paragraph 4(2) of Part 2— | |
(a) in paragraph (a), for “by the Commission, means a body” there shall | |
be substituted “under Part 1 of this Act or Part 1 of the Broadcasting | |
Act 1996, means a person”; and | 20 |
(b) in paragraph (b), for “by the Authority, means a body” there shall be | |
substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act | |
1996, means a person”. | |
(8) In paragraph 5A of Part 2— | |
(a) in sub-paragraph (1)(a), the words “granted by the Commission”, | 25 |
(b) sub-paragraph (1)(b) and the word “and” immediately preceding it, | |
(c) in sub-paragraph (2), the words “granted by the Authority”, | |
shall be omitted. | |
C4C | |
71 (1) Schedule 3 to the 1990 Act (provision about constitution and management of | 30 |
C4C) shall be amended as follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In paragraph 2 (membership of the Authority)— | |
(a) sub-paragraph (1) shall be omitted; and | 35 |
(b) in sub-paragraph (2)(b), for “the Commission” there shall be | |
substituted “OFCOM”. | |
The Welsh Authority | |
72 (1) Schedule 6 to the 1990 Act (provision about constitution and management of | |
the Welsh Authority) shall be amended as follows. | 40 |
(2) In paragraph 2 (persons disqualified from membership of the | |
Corporation)— | |
(a) sub-paragraph (1) shall be omitted; and | |
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(b) in sub-paragraph (2), for “the Commission” there shall be substituted | |
“OFCOM”. | |
(3) In paragraph 12(1A), for the words from “the general fund” onwards there | |
shall be substituted “the assets of the Authority that are not comprised in | |
that fund; and accordingly, the statement must deal with liabilities | 5 |
separately according to whether they fall to be met from that fund or from | |
those assets.” | |
Computation of qualifying revenue | |
73 (1) Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be | |
amended as follows. | 10 |
(2) In Part 1, for “the Commission” and “The Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
(3) In Part 2, for “the Authority” and “The Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
The Gaelic Television Committee | 15 |
74 (1) Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended | |
as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) For “Committee”, wherever occurring, there shall be substituted “Service”. | 20 |
(4) In paragraph 8(c), the words “and (where the expenses relate to the | |
Commission’s functions in connection with sound programmes) the Radio | |
Authority” shall be omitted. | |
(5) In paragraph 11(4), the words “or the Radio Authority” and “or (as the case | |
may be) the Authority” shall be omitted. | 25 |
Part 2 | |
Amendments of the 1996 Act | |
Multiplex services and digital programme services | |
75 (1) Section 1 of the 1996 Act (interpretation) shall be amended as follows. | |
(2) For subsection (1) there shall be substituted— | 30 |
“(1) In this Part ‘multiplex service’ means (except where the context | |
otherwise requires) a television multiplex service.” | |
(3) In subsection (4), for “for general reception” there shall be substituted “so as | |
to be available for reception by members of the public”. | |
(4) For subsection (4A) there shall be substituted— | 35 |
“(4A) In subsection (4), ‘available for reception by members of the public’ | |
means available for reception by members of the public (within the | |
meaning of Part 3 of the Communications Act 2003) in the United | |
Kingdom or another EEA State, or in an area of the United Kingdom | |
or of such a State.” | 40 |
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(5) For subsection (7) of that section there shall be substituted— | |
“(7) In this section ‘broadcast’ means broadcast otherwise than from a | |
satellite.” | |
Meaning of qualifying service | |
76 In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for | 5 |
subsections (2) to (6) there shall be substituted— | |
“(2) In this Part ‘qualifying service’ means any of the following, so far as | |
they are provided with a view to their being broadcast in digital | |
form— | |
(a) a television broadcasting service included in Channel 3; | 10 |
(b) Channel 4; | |
(c) Channel 5; | |
(d) S4C Digital; | |
(e) a television programme service provided by the Welsh | |
Authority with the approval of the Secretary of State under | 15 |
section 200 of the Communications Act 2003; | |
(f) the digital public teletext service.” | |
Licences under Part 1 | |
77 (1) Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended | |
as follows. | 20 |
(2) In subsection (1), for “the Independent Television Commission (in this Part | |
referred to as the ‘the Commission’)” there shall be substituted “OFCOM”. | |
(3) In subsections (3) to (7), for “The Commission” and “the Commission”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
(4) For subsection (8) there shall be substituted— | 25 |
“(8) The holding by a person of a licence under this Part shall not relieve | |
him of— | |
(a) any liability in respect of a failure to hold a licence under | |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) any obligation to comply with requirements imposed by or | 30 |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | |
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Licence conditions | 35 |
78 (1) Section 4 of the 1996 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this | 40 |
Act” there shall be substituted “this Act, the 1990 Act or the | |
Communications Act 2003”. | |
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(4) In subsection (3) (fixing fees), for the words from “regard as necessary” | |
onwards there shall be substituted “regard as necessary for the purposes of | |
paragraph 8(1) of the Schedule to the Office of Communications Act 2002 | |
(obligation to conduct affairs so as to be able to meet their obligations and | |
carry out their functions).” | 5 |
Restrictions on digital licence holding | |
79 (1) Section 5 of the 1996 Act (restrictions on holding licences) shall be amended | |
as follows. | |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 10 |
(3) In subsection (2) (incidental requirements to provide information), after | |
paragraph (d) there shall be inserted— | |
“(da) 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 | 15 |
have fallen to be notified, of changes, transactions or events | |
affecting— | |
(i) shareholdings in the body; or | |
(ii) the directors of the body; | |
(db) impose conditions in a licence enabling OFCOM to require | 20 |
the licence holder to provide them with such information as | |
they may reasonably require for determining— | |
(i) whether the licence holder is a disqualified person in | |
relation to that licence by virtue of Part 2 of Schedule | |
2 to the 1990 Act; or | 25 |
(ii) 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;”. | |
(4) In subsection (6)— | |
(a) in paragraph (a), for “complained of” there shall be substituted | 30 |
“constituting their grounds for revoking the licence”. | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” | |
there shall be substituted “the requirements imposed by or under | |
Schedule 14 to the Communications Act 2003”. | |
(5) In subsection (7)— | 35 |
(a) paragraph (a) shall cease to have effect; and | |
(b) in paragraph (b), for “Part IV of that Schedule” there shall be | |
substituted “Part 1 of Schedule 14 to the Communications Act 2003”. | |
(6) In subsection (8), for the words from “a failure” to the end of paragraph (c) | |
there shall be substituted “a disqualification under Part 2 of Schedule 2 to the | 40 |
1990 Act or a contravention of a requirement imposed by or under Schedule | |
14 to the Communications Act 2003,”. | |
Multiplex licences | |
80 (1) Section 7 of the 1996 Act (multiplex licences) shall be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | 45 |
shall be substituted “OFCOM”. | |
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(3) In subsection (4)— | |
(a) after paragraph (c) there shall be inserted— | |
“(ca) the applicant’s proposals as to the number (if any) of | |
digital sound programmes services which are to be | |
broadcast, as to the characteristics of each of those | 5 |
services and as to the areas in which they would be | |
provided;” | |
(b) in paragraph (d) for “those services” there shall be substituted “the | |
services mentioned in paragraphs (c) and (ca)”. | |
Award of multiplex licences | 10 |
81 (1) Section 8 of the 1996 Act (award of multiplex licences) shall be amended as | |
follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (2)(f), after “digital programme service” there shall be inserted | 15 |
“, digital sound programme service”. | |
Power to require two or more multiplex licences to be granted to one person | |
82 In section 9 of the 1996 Act (grant of two or more multiplex licences to one | |
person), for “The Commission” and “the Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | 20 |
Award of multiplex licences subject to conditions | |
83 (1) Section 10 of the 1996 Act (award of multiplex licences subject to conditions) | |
shall be amended as follows. | |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 25 |
(3) In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted | |
“this Act, the 1990 Act or Part 3 of the Communications Act 2003”. | |
Failure to provide licensed service and revocation | |
84 In section 11 of the 1996 Act (failure to provide licensed service and | |
revocation), for “the Commission”, wherever occurring, there shall be | 30 |
substituted “OFCOM”. | |
Conditions attached to multiplex licences | |
85 In section 12 of the 1996 Act (conditions attached to multiplex licences), for | |
“the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | 35 |
Additional payments in respect of multiplex licences | |
86 In section 13 of the 1996 Act (additional payments in respect of multiplex | |
licences), for “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
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Multiplex revenue | |
87 (1) Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows. | |
(2) In subsection (1)— | |
(a) for “section 13(1)” there shall be substituted “this Part”; | |
(b) for “the holder of a multiplex licence” there shall be substituted “the | 5 |
person who is the multiplex provider in relation to any television | |
multiplex service or any general multiplex service”; | |
(c) in paragraph (a), for “the multiplex service to which the licence | |
relates” there shall be substituted “the relevant multiplex”; | |
(d) in paragraph (b) for “of any qualifying service by means of the | 10 |
multiplex service” there shall be substituted “by means of the | |
multiplex service of any service which is a qualifying service or | |
which (without being a qualifying service) is provided by the BBC”; | |
(e) in paragraphs (c) and (d), for “the holder of the multiplex licence” | |
and “the multiplex service”, in each place where they occur there | 15 |
shall be substituted, respectively, “the multiplex provider” and “the | |
relevant multiplex” | |
(3) In subsections (2) to (8)— | |
(a) for the words “the holder of the multiplex licence” and “the licence | |
holder”, wherever occurring, there shall be substituted, in each case, | 20 |
“the multiplex provider”; and | |
(b) for “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(4) In subsection (9)— | |
(a) after the definition of “additional services provider” there shall be | 25 |
inserted— | |
“‘multiplex provider’— | |
(a) in relation to a television multiplex service for | |
which a person holds a licence under this Part, | |
means the licence holder; and | 30 |
(b) in relation to a television multiplex service | |
which is not licensed under this Part or a | |
general multiplex service, means the person | |
who provides that service;” | |
(b) after the definition of “programme provider” there shall be | 35 |
inserted— | |
“‘the relevant multiplex’— | |
(a) in relation to a multiplex provider falling | |
within paragraph (a) of the definition of that | |
expression, means the television multiplex | 40 |
service to which his licence relates; and | |
(b) in relation to any other multiplex provider, | |
means the television multiplex service or | |
general multiplex service which is provided | |
by him; | 45 |
and this section and section 15 shall have effect as if | |
references in this section to digital programme services | |
included references to digital sound programme services and | |
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references to digital additional services included references | |
to digital additional services within the meaning of Part 2.” | |
Attribution of multiplex revenue to multiplex providers | |
88 (1) Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder) | |
shall be amended as follows. | 5 |
(2) In subsection (1)— | |
(a) for “the holder of a multiplex licence” there shall be substituted “the | |
person who is the multiplex provider in relation to any television | |
multiplex service”; | |
(b) for “of multiplex services in that period,” there shall be substituted | 10 |
“in that period of television multiplex services,”; | |
(c) for “the holder of the multiplex licence” there shall be substituted, | |
“the multiplex provider”. | |
(3) In subsection (2)— | |
(a) for “a multiplex service” there shall be substituted “a television | 15 |
multiplex service or a general multiplex service”; | |
(b) for “the holder of the multiplex licence”, wherever occurring, there | |
shall be substituted “the multiplex provider”. | |
(4) In subsection (3)— | |
(a) for “the Commission” there shall be substituted “OFCOM”; and | 20 |
(b) for “the holder of the multiplex licence” there shall be substituted | |
“the multiplex provider”. | |
(5) In subsection (4), after “‘additional services provider’” there shall be | |
inserted “, “‘multiplex provider’”. | |
Duration and enforcement of multiplex licenses | 25 |
89 In sections 16 and 17 of the 1996 Act (duration and enforcement of multiplex | |
licences), for “the Commission” and “The Commission”, wherever | |
occurring, there shall be substituted “OFCOM”. | |
Licensing of digital programme services | |
90 (1) Section 18 of the 1996 Act (licensing of digital programme services) shall be | 30 |
amended as follows. | |
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall | |
cease to have effect. | 35 |
Conditions of licences for digital programme services | |
91 (1) Section 19 of the 1996 Act (conditions of licences for digital programme | |
services) shall be amended as follows. | |
(2) In subsection (3)— | |
(a) for “the Commission”, wherever occurring, there shall be substituted | 40 |
“OFCOM”; | |
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