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(5) The Secretary of State is not to make an order proscribing a service unless he is | |
satisfied that the making of the order is— | |
(a) in the public interest; and | |
(b) compatible with the international obligations of the United Kingdom. | |
(6) The television and sound services to which this section applies are— | 5 |
(a) television licensable content services provided otherwise than by | |
broadcasting from a satellite; | |
(b) digital television programme services; | |
(c) digital additional television services; | |
(d) radio licensable sound services provided otherwise than by being | 10 |
broadcast from a satellite; | |
(e) digital sound programme services; and | |
(f) digital additional sound services. | |
(7) A service to which this section applies is a foreign service if it— | |
(a) is a service capable of being received in the United Kingdom for the | 15 |
provision of which no Broadcasting Act licence is either in force or | |
required to be in force; but | |
(b) is also a service for the provision of which such a licence would be | |
required— | |
(i) in the case of a service falling within subsection (6)(a) to (c), if | 20 |
the person providing it were under the jurisdiction of the | |
United Kingdom for the purposes of the Television without | |
Frontiers Directive; and | |
(ii) in any other case, if the person providing it provided it from a | |
place in the United Kingdom or were a person whose principal | 25 |
place of business is in the United Kingdom. | |
320 Effect of proscription order | |
(1) This section applies where a service is for the time being proscribed by an order | |
under section 319. | |
(2) The proscribed service is not to be included in— | 30 |
(a) a multiplex service; or | |
(b) a cable package. | |
(3) In this section “multiplex service” means a television multiplex service, a radio | |
multiplex service or a general multiplex service. | |
(4) In this section “cable package” means (subject to subsection (5)) a service by | 35 |
means of which programme services are packaged together with a view to | |
their being distributed— | |
(a) by means of an electronic communications service; | |
(b) so as to be available for reception by members of the public in the | |
United Kingdom; and | 40 |
(c) without the final delivery of the programme services to the persons to | |
whom they are distributed being by wireless telegraphy. | |
(5) Programme services distributed by means of an electronic communications | |
service do not form part of a cable package if— | |
(a) the distribution of those services forms only part of a service provided | 45 |
by means of that electronic communications service; and | |
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(b) the purposes for which the service of which it forms a part is provided | |
do not consist wholly or mainly in making available television | |
programmes or radio programmes (or both) for reception by members | |
of the public. | |
321 Notification for enforcing proscription | 5 |
(1) Where OFCOM determine that there are reasonable grounds for believing that | |
there has been a contravention of section 320 in relation to a multiplex service | |
or a cable package, they may give a notification under this section to— | |
(a) the provider of that multiplex service; or | |
(b) the person providing the cable package. | 10 |
(2) A notification under this section is one which— | |
(a) sets out the determination made by OFCOM; and | |
(b) requires the person to whom it is given to secure that the proscribed | |
service (so long as it remains proscribed) is not— | |
(i) included in the notified person’s multiplex service, or | 15 |
(ii) distributed as part of his cable package, | |
at any time more than seven days after the day of the giving of the | |
notification. | |
(3) If it is reasonably practicable for a person to whom a notification is given under | |
this section to secure that the proscribed service ceases to be included in that | 20 |
person’s multiplex service, or to be distributed as part of his cable package, | |
before the end of that seven days, then he must do so. | |
(4) It shall be the duty of a person to whom a notification is given under this | |
section to comply with the requirements imposed by the notification and by | |
subsection (3). | 25 |
(5) That duty shall be enforceable in civil proceedings by OFCOM— | |
(a) for an injunction; | |
(b) for specific performance of a statutory duty under section 45 of the | |
Court of Session Act 1988 (c. 36); or | |
(c) for any other appropriate remedy or relief. | 30 |
(6) In this section “cable package” and “multiplex service” each has the same | |
meaning as in section 320. | |
322 Penalties for contravention of notification under s. 321 | |
(1) OFCOM may impose a penalty on a person who contravenes a requirement | |
imposed on him by or under section 321. | 35 |
(2) Before imposing a penalty on a person under this section OFCOM must give | |
him a reasonable opportunity of making representations to them about their | |
proposal to impose the penalty. | |
(3) The amount of the penalty imposed on a person is to be such amount not | |
exceeding £5,000 as OFCOM determine to be— | 40 |
(a) appropriate; and | |
(b) proportionate to contravention in respect of which it is imposed. | |
(4) In making that determination OFCOM must have regard to— | |
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(a) any representations made to them by the person notified under section | |
321; and | |
(b) any steps taken by him for complying with the requirements imposed | |
on him under that section. | |
(5) Where OFCOM impose a penalty on a person under this section, they shall— | 5 |
(a) notify the person penalised; and | |
(b) in that notification, fix a reasonable period after it is given as the period | |
within which the penalty is to be paid. | |
(6) A penalty imposed under this section must be paid to OFCOM within the | |
period fixed by them. | 10 |
(7) The Secretary of State may by order amend this section so as to substitute a | |
different maximum penalty for the maximum penalty for the time being | |
specified in subsection (3). | |
(8) No order is to be made containing provision authorised by subsection (7) | |
unless a draft of the order has been laid before Parliament and approved by a | 15 |
resolution of each House. | |
(9) For the purposes of this section there is a separate contravention in respect of | |
every day on which the proscribed service is at any time included in a person’s | |
multiplex service or distributed as part of his cable package. | |
(10) In this section “multiplex service” and “cable package” each has the same | 20 |
meaning as in section 320. | |
Party political broadcasts on television and radio | |
323 Party political broadcasts | |
(1) The regulatory regime for every licensed public service channel, and the | |
regulatory regime for every national radio service, includes— | 25 |
(a) conditions requiring the inclusion in that channel or service of party | |
political broadcasts and of referendum campaign broadcasts; and | |
(b) conditions requiring that licence holder to observe such rules with | |
respect to party political broadcasts and referendum campaign | |
broadcasts as may be made by OFCOM. | 30 |
(2) The rules made by OFCOM for the purposes of this section may, in particular, | |
include provision for determining— | |
(a) the political parties on whose behalf party political broadcasts may be | |
made; | |
(b) in relation to each political party on whose behalf such broadcasts may | 35 |
be made, the length and frequency of the broadcasts; and | |
(c) in relation to each designated organisation on whose behalf | |
referendum campaign broadcasts are required to be broadcast, the | |
length and frequency of such broadcasts. | |
(3) Those rules are to have effect subject to sections 37 and 127 of the Political | 40 |
Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and | |
designated organisations to be entitled to party political broadcasts or | |
referendum campaign broadcasts). | |
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(4) Rules made by OFCOM for the purposes of this section may make different | |
provision for different cases. | |
(5) Before making any rules for the purposes of this section, OFCOM must have | |
regard to any views expressed by the Electoral Commission. | |
(6) In this section— | 5 |
“designated organisation”, in relation to a referendum, means a person or | |
body designated by the Electoral Commission under section 108 of the | |
Political Parties, Elections and Referendums Act 2000 (c. 41) in respect | |
of that referendum; | |
“national radio service” means a national service within the meaning of | 10 |
section 240 of this Act; and | |
“referendum campaign broadcast” has the meaning given by section 127 | |
of that Act. | |
Monitoring of programmes | |
324 Retention and production of recordings | 15 |
(1) The regulatory regime for every programme service licensed by a Broadcasting | |
Act licence includes conditions imposing on the provider of the service— | |
(a) a requirement in respect of every programme included in the service to | |
retain a recording of the programme in a specified form and for a | |
specified period after its inclusion; | 20 |
(b) a requirement to comply with any request by OFCOM to produce to | |
them for examination or reproduction a recording retained in | |
pursuance of the conditions in the licence; and | |
(c) a requirement, if the provider is able to do so, to comply with any | |
request by OFCOM to produce to them a script or transcript of a | 25 |
programme included in the programme service. | |
(2) The period specified for the purposes of a condition under subsection (1)(a) | |
must be— | |
(a) in the case of a programme included in a television programme service, | |
a period not exceeding ninety days; and | 30 |
(b) in the case of a programme included in a radio programme service, a | |
period not exceeding forty-two days. | |
(3) For the purpose of maintaining supervision of the programmes included in | |
programme services, OFCOM may themselves make and use recordings of | |
those programmes or any part of them. | 35 |
(4) Nothing in this Part is to be construed as requiring OFCOM, in the carrying out | |
of their functions under this Part as respects programme services and the | |
programmes included in them, to view or listen to programmes in advance of | |
their being included in such services. | |
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