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(a) must be made at least one year before the date determined; | |
and | |
(b) must be notified by OFCOM to the person who holds the | |
licence in question.” | |
Enforcement of radio multiplex licences | 5 |
119 In section 59 of the 1996 Act (enforcement of radio multiplex licences), for | |
“the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Digital sound programme licensing | |
120 (1) Section 60 of the 1996 Act (digital sound programme licensing) shall be | 10 |
amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) After subsection (6), there shall be inserted— | |
“(6A) Section 89 of the 1990 Act (disqualification from being licence holder | 15 |
or concerned with the provision of a programme service if convicted | |
of a transmitting offence) shall apply in relation to a licence under | |
this section as it applies to a licence under Part 3 of that Act, but with | |
the omission of paragraph (b) of subsection (3) of that section and of | |
the word ‘or’ immediately before that paragraph.” | 20 |
(4) Sub-paragraph (3) does not impose a disqualification in respect of any | |
offence committed before the commencement of that sub-paragraph. | |
Conditions of digital sound programme licences | |
121 (1) Section 61 of the 1996 Act (conditions of licences for digital sound | |
programme services) shall be amended as follows. | 25 |
(2) In subsection (2)— | |
(a) for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex | |
licence”, there shall be substituted, in each case, “the provider of a | 30 |
radio multiplex service, of a television multiplex service or of a | |
general multiplex service”; | |
(c) in paragraph (a) for “by means of a radio multiplex service” there | |
shall be substituted “by means of the multiplex service”; and | |
(d) in paragraph (a)(i) for “radio multiplex service” there shall be | 35 |
substituted “multiplex service”. | |
Enforcement of digital sound programme licences | |
122 (1) Section 62 of the 1996 Act (enforcement of digital sound programme | |
licences) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | 40 |
substituted “OFCOM”. | |
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(3) In subsection (10) for “apology” there shall be substituted “statement of | |
findings”. | |
Digital additional sound services | |
123 In section 64 of the 1996 Act (licensing of digital additional sound services), | |
for “the Authority”, wherever occurring, there shall be substituted | 5 |
“OFCOM”. | |
Conditions of digital additional sound service | |
124 (1) Section 65 of the 1996 Act (conditions of licences for digital additional sound | |
services) shall be amended as follows. | |
(2) In subsection (2)— | 10 |
(a) for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex | |
licence”, there shall be substituted, in each case, “the provider of a | |
radio multiplex service or of a general multiplex service”; | 15 |
(c) in paragraph (a) for “by means of a radio multiplex service” there | |
shall be substituted “by means of the multiplex service”; and | |
(d) in paragraph (a)(i) for “radio multiplex service” there shall be | |
substituted “multiplex service”. | |
Enforcement of digital additional sound services licences | 20 |
125 (1) Section 66 of the 1996 Act (enforcement of digital additional services | |
licences) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (10) for “apology” there shall be substituted “statement of | 25 |
findings”. | |
Review of digital radio broadcasting | |
126 In section 67 of the 1996 Act (review of digital radio broadcasting), for “the | |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Interpretation | 30 |
127 In section 72(1) of the 1996 Act (interpretation), for the definition of “radio | |
multiplex service” there shall be substituted— | |
“‘radio multiplex service’ means a radio multiplex service | |
within the meaning of Part 3 of the Communications Act | |
2003; | 35 |
‘the radio transfer date’ has the same meaning as in the | |
Communications Act 2003;”. | |
Listed events | |
128 (1) Section 98 of the 1996 Act (categories of service for the purposes of Part 4 of | |
that Act) shall be amended as follows. | 40 |
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(2) In subsection (3), for the words from “television” onwards there shall be | |
substituted “licence for the purposes of section 353 of the Communications | |
Act 2003”. | |
(3) In subsection (5), for “The Commission” there shall be substituted | |
“OFCOM”. | 5 |
(4) In subsection (6), for “transmission for general reception of television | |
programmes by satellite” there shall be substituted “broadcasting of | |
television programmes from a satellite so as to be available for reception by | |
members of the public (within the meaning of Part 3 of the Communications | |
Act 2003)”. | 10 |
129 In sections 101, 101B, 102 and 103 of the 1996 Act (restrictions on, and | |
penalties for, televising listed and designated events), for “The Commission” | |
and “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
130 (1) Section 104 of the 1996 Act (code of guidance) shall be amended as follows. | 15 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (4)(d), the words “by the Commission” and “by them” shall be | |
omitted. | |
131 In section 104A of the 1996 Act (provision of information about listed and | 20 |
designated events), for “the Commission”, wherever occurring, there shall | |
be substituted “OFCOM”. | |
132 In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition | |
of “the Commission” shall be omitted. | |
Broadcasting standards | 25 |
133 (1) Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be | |
amended as follows. | |
(2) For “the BSC” and “The BSC”, wherever occurring in any of sections 107, 110, | |
111, 114, 115, 118 to 121 there shall be substituted “OFCOM”. | |
134 In section 107(5)(b) of the 1996 Act (code relating to avoidance of unjust or | 30 |
unfair treatment etc.), for “the service referred to in section 57(1A)(a) of the | |
1990 Act” there shall be substituted “any public service of the Welsh | |
Authority (within the meaning of Part 2 of Schedule 12 to the | |
Communications Act 2003)”. | |
135 In section 115 of the 1996 Act (consideration of fairness complaints) | 35 |
(a) in subsection (2)(d), for “to (c)” there shall be substituted “or (b)”; and | |
(b) in subsection (8), for “they shall send a statement of” there shall be | |
substituted “OFCOM shall send a copy of”. | |
136 In section 117 of the 1996 Act (duty of broadcasting body to retain recordings | |
of programmes), for “sections 115 and 116” there shall be substituted | 40 |
“section 115”. | |
137 (1) For subsections (1) and (2) of section 119 of the 1996 Act there shall be | |
substituted— | |
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“(1) Where OFCOM have considered and adjudicated upon a fairness | |
complaint, they may direct the relevant person to publish the matters | |
mentioned in subsection (3) in such manner, and within such period, | |
as may be specified in the directions.” | |
(2) In that section— | 5 |
(a) in subsection (4), for “subsection (2)” there shall be substituted | |
“subsection (1)”; | |
(b) in subsection (5), for “(3)(a), (b) or (c)” there shall be substituted | |
“(3)(a) or (b)”; | |
(c) in subsection (6), for “broadcasting or regulatory body” there shall be | 10 |
substituted “relevant person” and for “them” there shall be | |
substituted “him”; | |
(d) in subsection (8), the words “or standards complaint” and in | |
paragraph (c) the words “, a regulatory body” shall be omitted; | |
(e) in subsection (10), for paragraphs (a) and (b) there shall be | 15 |
substituted “a relevant person”; and | |
(f) subsection (12) shall cease to have effect. | |
(3) After subsection (11) of that section there shall be inserted— | |
“(11A) In this section “relevant person” means— | |
(a) in a case where the relevant programme was broadcast by a | 20 |
broadcasting body, that body; and | |
(b) in a case where the relevant programme was included in a | |
licensed service, the licence holder providing that service.” | |
138 In section 130(1) of the 1996 Act (interpretation of Part 5), for paragraphs (b) | |
and (c) of the definition of “licensed service” there shall be substituted— | 25 |
“(aa) the public teletext service; | |
(b) any relevant independent radio service (within the meaning | |
of section 85 of the 1990 Act), | |
(c) any additional service (within the meaning of Part 1 of the | |
1990 Act) which is licensed under that Part,”. | 30 |
Disqualification on grounds related to political objects | |
139 (1) Section 143 of the 1996 Act (disqualification on grounds related to political | |
objects) shall be amended as follows. | |
(2) In each of subsections (1) and (2)— | |
(a) for “the Independent Television Commission” and “the | 35 |
Commission” there shall be substituted “OFCOM”; and | |
(b) for “section 5(1) of the 1990 Act, or as the case may be section 5(1) of | |
this Act” there shall be substituted “section 5(1) or 88(1) of the 1990 | |
Act or section 5(1) or 44(1) of this Act”. | |
(3) In subsection (1), for “Part I or II of the 1990 Act or Part I of this Act” there | 40 |
shall be substituted “Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act,”. | |
(4) In subsection (2), for “Parts I or II of the 1990 Act or Part I of this Act” there | |
shall be substituted “Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act,”. | |
(5) Subsections (3) and (4) shall cease to have effect. | |
(6) In subsection (5), for “to (4)” there shall be substituted “and (2)”. | 45 |
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(7) In subsection (6), for paragraphs (a) and (b) there shall be substituted “the | |
duties imposed on OFCOM by sections 5(1) and 88(1) of the 1990 Act and | |
sections 5(1) and 44(1) of this Act.” | |
Offence of providing false information | |
140 (1) Section 144 of the 1996 Act (offence of providing false information) shall be | 5 |
amended as follows. | |
(2) In subsection (1), for “to the relevant authority a statement”, in each place, | |
there shall be substituted “a statement to OFCOM”. | |
(3) In subsection (2), for “the relevant authority” there shall be substituted | |
“OFCOM”. | 10 |
(4) Subsection (5) shall cease to have effect. | |
Disqualification for supplying false information | |
141 (1) Section 145 of the 1996 Act (disqualification for offence of supplying false | |
information) shall be amended as follows. | |
(2) In subsection (5), for “the relevant authority” there shall be substituted | 15 |
“OFCOM”. | |
(3) In subsection (7)— | |
(a) for “5(1)(a) and 88(1)(a)” there shall be substituted “5(1)(a) and | |
(2)(db), 32(12) and 88(1)(a) and (2)(db)”; and | |
(b) for “5(1)(a) and 44(1)(a)” there shall be substituted “5(1)(a) and | 20 |
(2)(db) and 44(1)(a) and (2)(db)”. | |
(4) In subsection (8) of that section, for the definition of “licence” there shall be | |
substituted— | |
“‘licence’ means a licence under Part 1 or 3 of the 1990 Act or | |
under Part 1 or 2 of this Act;”. | 25 |
Interpretation | |
142 In section 147(1) of the 1996 Act (general interpretation), after the definition | |
of “the BBC” there shall be inserted— | |
“‘OFCOM’ means the Office of Communications;”. | |
Computation of qualifying revenue | 30 |
143 (1) Schedule 1 to the 1996 Act (computation of “multiplex revenue” etc.) shall be | |
amended as follows. | |
(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, | 35 |
there shall be substituted “OFCOM”. | |
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