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(6) holding of licences already held by him, would (apart from sub-paragraph | |
(4)) constitute a contravention of a requirement imposed under paragraph | |
11. | |
(7) Where the contravention is one arising under paragraph 12 in the case of a | |
person who, under a local digital sound programme licence, was providing | 5 |
one or more local digital sound programme services immediately before the | |
coming into force of the order, there is a relevant change of circumstances | |
if— | |
(a) another person becomes the holder of that licence, otherwise than in | |
consequence of a transaction under which the person in | 10 |
contravention ceases to be a holder of the licence; or | |
(b) the person in contravention becomes the provider of another local | |
digital sound programme service provided under that licence. | |
(8) A change of circumstances is not a relevant change of circumstances by | |
virtue of sub-paragraph (7)(b) unless the service of which the person in | 15 |
contravention becomes the provider is one the provision of which, with the | |
services already provided by him, would (apart from sub-paragraph (4)) | |
constitute a contravention of a requirement imposed under paragraph 12. | |
(9) For the purposes of this paragraph, in its application in relation to a | |
contravention of a requirement imposed under paragraph 11 or 12— | 20 |
(a) references to holding a licence or providing a local digital sound | |
programme service are to be construed in accordance with the | |
provision having effect for the purposes of that requirement; and | |
(b) the persons who are taken to be holding a local digital sound | |
programme licence immediately before the coming into force of the | 25 |
order include every person who at that time would, in accordance | |
with that provision, be treated as providing local digital sound | |
programme services that were being provided at that time under | |
that licence. | |
Part 4 | 30 |
Supplemental provisions of Schedule | |
Procedure for orders | |
15 (1) Before making an order under any provision of this Schedule (other than one | |
that is confined to giving effect to recommendations made by OFCOM in a | |
report of a review under section 381), the Secretary of State must consult | 35 |
OFCOM. | |
(2) No order is to be made containing provision authorised by any provision of | |
this Schedule unless a draft of the order has been laid before Parliament and | |
approved by a resolution of each House. | |
Interpretation of Schedule | 40 |
16 (1) Part 1 of Schedule 2 to the 1990 Act applies for construing this Schedule as it | |
applies for construing Part 2 of that Schedule. | |
(2) References in this paragraph to an area overlapping another include | |
references to its being the same as, or lying wholly inside, the other area. | |
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Schedule 15 | |
Section 350 | |
Amendments of Broadcasting Acts | |
Part 1 | |
Amendments of the 1990 Act | |
Licences under Part 1 | 5 |
1 (1) Section 3 of the 1990 Act (licensing under Part 1) shall be amended as | |
follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (1), for “Chapter II, III, IV or V of this Part” there shall be | 10 |
substituted “Chapter 2 or 5 of this Part or section 230 of the Communications | |
Act 2003”. | |
(4) For subsection (8) (saving for telecommunications licences) there shall be | |
substituted— | |
“(8) The holding by a person of a licence under this Part shall not relieve | 15 |
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 | |
under Chapter 1 of Part 2 of the Communications Act 2003 | 20 |
(electronic communications networks and electronic | |
communications services).” | |
General licence conditions | |
2 (1) Section 4 of the 1990 Act (general licence conditions) shall be amended as | |
follows. | 25 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), in each of paragraphs (a) and (c), after “this Act” there shall | |
be inserted “, the Broadcasting Act 1996 or the Communications Act 2003”. | |
(4) In subsection (3) (fixing of fees), for the words from “regard as necessary” | 30 |
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) In subsection (5) (provision of false information to be breach of condition)— | 35 |
(a) for “imposed under this Part” there shall be substituted “contained | |
in the licence”; and | |
(b) after “and 42” there shall be inserted “or (as the case may be) sections | |
232 and 233 of the Communications Act 2003 (enforcement of | |
television licensable content service licences)”. | 40 |
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Restrictions on licence holding | |
3 (1) Section 5 of the 1990 Act (restrictions on licence holding) shall be amended | |
as follows. | |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 5 |
(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 | 10 |
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 | 15 |
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; or | 20 |
(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 | 25 |
“constituting their grounds for revoking the licence”; and | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be | |
substituted “the requirements imposed by or under Schedule 14 to | |
the Communications Act 2003,”. | |
(5) In subsection (6A)— | 30 |
(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) Subsection (6B) shall cease to have effect. | |
(7) In subsection (7), for the words from “a failure” to the end of paragraph (c) | 35 |
there shall be substituted “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”. | |
Repeal of previous regulatory regime | |
4 Sections 6 to 12 of the 1990 Act (which contain the mechanism for regulation | 40 |
in relation to licences under Part 1 of that Act) shall cease to have effect. | |
Prohibition on providing television services without a licence | |
5 (1) Section 13 of the 1990 Act (prohibition on providing television services | |
without a licence) shall be amended as follows. | |
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(2) In subsection (1) (offence of providing such service without a licence), for | |
“service falling within section 2(1)(a), (aa), (b), (c), (cc) or (d)” there shall be | |
substituted “relevant regulated television service”. | |
(3) After that subsection there shall be inserted— | |
“(1A) In subsection (1) ‘relevant regulated television service’ means a | 5 |
service falling, in pursuance of section 206(1) of the Communications | |
Act 2003, to be regulated by OFCOM, other than a television | |
multiplex service.” | |
(4) In subsection (2) (exemption orders made after consulting the ITC), for “the | |
Commission” there shall be substituted “OFCOM”. | 10 |
Television broadcasting on Channel 3 | |
6 In section 14 of the 1990 Act (establishment of Channel 3), for “The | |
Commission” and “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Applications for Channel 3 licences | 15 |
7 (1) Section 15 of the 1990 Act (applications for Channel 3 licences) shall be | |
amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (2), for “specified in section 16(2) or (3) (as the case may be)” | 20 |
there shall be substituted “that have to be imposed under Chapter 4 of Part | |
3 of the Communications Act 2003 by conditions relating to— | |
(a) the public service remit for that service, | |
(b) programming quotas, | |
(c) news and current affairs programmes, and | 25 |
(d) programme production and regional programming.” | |
(4) In subsection (3)— | |
(a) in paragraph (b), for “specified in section 16(2) or (3) (as the case may | |
be)” there shall be substituted “that have to be imposed under | |
Chapter 4 of Part 3 of the Communications Act 2003 by conditions | 30 |
relating to— | |
(i) the public service remit for that service, | |
(ii) programming quotas, | |
(iii) news and current affairs programmes, and | |
(iv) programme production and regional | 35 |
programming”; | |
(b) paragraphs (c) to (e) shall be omitted. | |
(5) After subsection (3) there shall be inserted— | |
“(3A) For the purposes of subsection (1)(d)(ii)— | |
(a) different percentages may be specified for different | 40 |
accounting periods; and | |
(b) the percentages that may be specified for an accounting | |
period include a nil percentage.” | |
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(6) In subsection (4), for “paragraphs (b) to (e)” there shall be substituted | |
“paragraphs (b)”. | |
Procedure on consideration of applications for Channel 3 licences | |
8 (1) Section 16 of the 1990 Act (consideration of applications for Channel 3 | |
licences) shall be amended as follows. | 5 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), for “specified in subsection (2) or (3) below (as the case may | |
be)” there shall be substituted “that have to be imposed under Chapter 4 of | |
Part 3 of the Communications Act 2003 by conditions relating to— | 10 |
(i) the public service remit for that service, | |
(ii) programming quotas, | |
(iii) news and current affairs programmes, and | |
(iv) programme production and regional programming”. | |
(4) Subsections (2) and (3) of that section shall cease to have effect. | 15 |
(5) In subsection (4) of that section— | |
(a) for “specified in subsection (2) or (3) (as the case may be),” there shall | |
be substituted “that have to be imposed under Chapter 4 of Part 3 of | |
the Communications Act 2003 by conditions relating to— | |
(a) the public service remit for that service, | 20 |
(b) programming quotas, | |
(c) news and current affairs programmes, and | |
(d) programme production and regional programming,”; | |
(b) the words from “and in applying” onwards shall be omitted. | |
(6) Subsections (5) to (8) shall cease to have effect. | 25 |
Television broadcasting on Channel 3 | |
9 (1) Section 17 of the 1990 Act (award of licences to person submitting highest | |
bid) shall be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 30 |
(3) In subsection (12)(b), for “specified in section 16(2) or (3) (as the case may | |
be)” there shall be substituted “that have to be imposed under Chapter 4 of | |
Part 3 of the Communications Act 2003 by conditions relating to— | |
(i) the public service remit for that service, | |
(ii) programming quotas, | 35 |
(iii) news and current affairs programmes, and | |
(iv) programme production and regional programming”. | |
Financial conditions of licence and failures to begin a service | |
10 In sections 17A to 19 of the 1990 Act (financial conditions in Channel 3 | |
licences and failures to begin a service), for “The Commission” and “the | 40 |
Commission”, wherever occurring, there shall be substituted “OFCOM”. | |
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Changes of control in period after award of licence | |
11 In section 21 of the 1990 Act (changes of control in period immediately after | |
award of licence), for “the Commission” and “The Commission”, wherever | |
occurring, there shall be substituted “OFCOM”. | |
Temporary provision of Channel 3 service for an additional area | 5 |
12 In section 22 of the 1990 Act (temporary provision of regional Channel 3 | |
Service for additional area), for “the Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Appointment of members of C4 Corporation | |
13 In section 23 of the 1990 Act (appointment of C4C members), for “the | 10 |
Commission”, wherever occurring, there shall be substituted “OFCOM”. | |
Channel 4 licence | |
14 In section 24(3) of the 1990 Act (Channel 4 licence), for “the Commission” | |
there shall be substituted “OFCOM”. | |
Channel 5 | 15 |
15 In section 28 of the 1990 Act (Channel 5), for “The Commission” and “the | |
Commission”, wherever occurring, there shall be substituted “OFCOM”. | |
Application to Channel 5 of Channel 3 provisions | |
16 (1) In section 29 of the 1990 Act (application to Channel 5 of Channel 3 | |
provisions)— | 20 |
(a) subsection (2)(b) and the word “and” immediately preceding it, and | |
(b) subsection (3), | |
shall cease to have effect. | |
(2) In subsection (2)(a) of that section, for “the Commission” there shall be | |
substituted “OFCOM”. | 25 |
Nomination of bodies to be eligible for appointment as news providers | |
17 (1) Section 32 of the 1990 Act (nomination of bodies to provide news for regional | |
Channel 3 services) shall be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 30 |
(3) In subsection (1) for “section 31(2)” there shall be substituted “section 273 of | |
the Communications Act 2003”. | |
(4) In subsection (3) for the words from “and” onwards there shall be | |
substituted “; but a person whose nomination expires at the end of such a | |
period shall be eligible to be nominated for a further period.” | 35 |
(5) In subsection (13)— | |
(a) in paragraph (b), for “section 31(2)” there shall be substituted | |
“section 273 of the Communications Act 2003”; and | |
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(b) in paragraph (c), for the words from “section 31(2)” onwards there | |
shall be substituted “section 273 of the Communications Act 2003 | |
under the arrangements referred to in that section.”. | |
Announcement of programme Schedules | |
18 In section 37(1) of the 1990 Act (conditions requiring announcement of | 5 |
programme Schedules), for “the Commission” there shall be substituted | |
“OFCOM”. | |
Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences | |
19 (1) In sections 40 to 42 of the 1990 Act (enforcement of licences), for “the | |
Commission” and “The Commission”, wherever occurring, there shall be | 10 |
substituted “OFCOM”. | |
(2) In sections 41(1) and 42(1)(a) of that Act (which contain provisions relating | |
to the enforcement of directions under Part 1 of that Act), after “this Part”, in | |
each place, there shall be inserted “, Part 5 of the Broadcasting Act 1996 or | |
Part 3 of the Communications Act 2003”. | 15 |
Restricted services | |
20 In section 42B(1) of the 1990 Act (licensing of restricted services), for “the | |
Commission”, wherever occurring, there shall be substituted “OFCOM”. | |
Additional television services | |
21 (1) Section 48 of the 1990 Act (additional services) shall be further amended as | 20 |
follows. | |
(2) In subsection (1)— | |
(a) for “telecommunication” there shall be substituted “electronic”; and | |
(b) for paragraphs (a) and (b) there shall be substituted “on a relevant | |
frequency”. | 25 |
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted “any | |
part of the signals which— | |
(a) is not required for the purposes of the television broadcasting service | |
for the purposes of which the frequency has been made available; | |
and | 30 |
(b) is determined by OFCOM to be available for the provision of | |
additional services;”. | |
(4) After that subsection there shall be inserted— | |
“(2A) 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 | 35 |
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.” | 40 |
(5) In subsection (3)— | |
(a) for “The Commission” there shall be substituted “OFCOM”; and | |
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