Cable and Broadcasting Act 1984

• " prescribed diffusion service " has the meaning given by section 2(3) above;

• " restricted service " has the meaning given by section 2(3) above.

• (2) For the purposes of this Part section 63(3) of the 1981 Act (meaning of " advertising agent") shall have effect as if the reference to the selection and purchase of advertising space or time for persons wishing to advertise included a reference to the sale of advertising space or time to such persons.

PART II — Broadcasting Services

Provision by IBA of DBS services

Provision of DBS services

37

• (1) This section and sections 38 to 41 below have effect for the purpose of facilitating, or making special provision in connection with, the provision by the IBA, by means of the technique known as direct broadcasting by satellite or DBS, of television broadcasting services additional to those already provided by them under the 1981 Act.

• (2) The following provisions of the 1981 Act, namely—

• (a) in section 2(2)(duty of IBA), paragraph (c) and so much of paragraph (b) as relates to the maintenance by the programmes broadcast by the IBA of a proper balance and a wide range in their subject matter ;

• (b) in section 4(1) (general provisions as to programmes), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient amount of time in the programmes to news and news features;

• (c) in section 20 (programme contractors), subsections (1), (2)(b) and (3);

• (d) section 22 (provision for news broadcasts); and

• (e) section 24 (buying and selling of programmes by programme contractors),

shall not apply in relation to the provision of DBS services or, as the case may be, to DBS programme contractors.

• (3) In this Part and in the 1981 Act—

• " DBS service " means any such additional television broadcasting service as is referred to in subsection (1) above;

• " DBS programme contractor " means a person whose contract as a programme contractor gives him the right and the duty to provide programmes or parts of programmes for broadcasting in a DBS service ;

• " DBS teletext contractor " means a person whose contract as a teletext contractor gives him the right and the duty to provide material for inclusion in teletext transmissions broadcast in a DBS service.

Contracts for programmes

38

• (1) In subsection (2) of section 19 of the 1981 Act (duration of programme contracts etc.) there shall be inserted after paragraph (a) the following paragraph—

(aa) twelve years in the case of a contract for the provision of television programmes for broadcasting in a DBS service ; and

.

• (2) Every contract between the IBA and a DBS programme contractor shall contain all such provisions as the IBA think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor.

Charges for reception of programmes

39

• (1) 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 IBA may, notwithstanding anything in the 1981 Act, broadcast the programmes or transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent any person from receiving them unless he obtains from the contractor the means of doing so.

• (2) Where under the power conferred by subsection (1) above the IBA broadcast programmes or transmissions in such a form as is mentioned in that subsection, nothing in the 1981 Act shall be taken as requiring the IBA to permit advertisements to be included in the programmes or transmissions.

Rental payments

40

• (1) In subsection (6) of section 32 of the 1981 Act (rental payments by programme contractors) for the words " TV programme contractor ", in each place where they occur, there shall be substituted the words " TV or DBS programme contractor ".

• (2) For paragraphs (ii) and (iii) of subsection (9) of that section there shall be substituted the following paragraphs—

(ii) only in relation to persons who are DBS programme contractors (including persons who are both DBS programme contractors and teletext contractors); or (iii) only in relation to persons who are teletext contractors (other than DBS teletext contractors) but are not TV or DBS programme contractors ; or (iv) only in relation to persons who are DBS teletext contractors but are not TV or DBS programme contractors ; or (v) differently in relation to persons within paragraphs (i), (ii), (iii) and (iv) respectively.

• (3) In relation to any time before the making under subsection (8) of section 32 of the 1981 Act of an order amending subsection (4) of that section in relation to—

• (a) persons who are DBS programme contractors (including persons who are both DBS programme contractors and teletext contractors); or

• (b) persons who are DBS teletext contractors,

the said subsection (4) shall have effect in relation to such persons as if the relevant rate were nil.

Finances of IBA

41

• (1) For the purposes of this section—

• (a) so much of the television branch of the IBA's under taking as consists of the provision by them of DBS services; and

• (b) so much of that branch as consists of the provision by them of other television broadcasting services,

shall be regarded as separate parts of that branch.

• (2) Except in so far as the Secretary of State on the application of the IBA otherwise directs, for each part of the television branch of their undertaking, it shall be the duty of the IBA so to conduct their affairs as to secure that their revenues from that part become at the earliest possible date, and thereafter continue, at least sufficient—

• (a) to meet all sums properly chargeable to revenue account in respect of that part of that branch (including sums which, for the purposes of that part, are required for the repayment of loans and interest thereon, for pro* vision for depreciation and for the maintenance of so much of the reserve fund for that branch as is attributable to that part); and

• (b) to make provision towards, and as soon as practicable for, necessary capital expenditure for the purposes of that part of that branch.

• (3) Any direction given under this section may be varied or revoked by a subsequent direction so given.

• (4) A copy of every direction given under this section shall be laid before each House of Parliament.

The Satellite Broadcasting Board

The Board

42

• (1) There shall be a Board to be called the Satellite Broadcasting Board (in this Part referred to as " the Board ") whose function it shall be to provide, by means of the said technique known as direct broadcasting by satellite or DBS, television broadcasting services of high quality (both as to the transmission and as to the matter transmitted) for the United Kingdom, the Isle of Man and the Channel Islands.

• (2) The Board shall consist of six members, of whom three shall be appointed from among the governors of the BBC and three from among the members of the IBA.

• (3) It shall be the duty of the BBC and the IBA to supply to the Board (on commercial terms) such services as the Board may reasonably require.

• (4) The Board, unless previously dissolved, shall cease to function at the end of the period of ten years beginning with the day on which the Board begin to provide their first television broadcasting service.

• (5) Schedule 3 to this Act shall have effect with respect to the Board.

Provision of programmes

43

• (1) Without prejudice to the powers conferred on the Board by this Part, the programmes broadcast by the Board shall be provided not by the Board but by a person (in this Part referred to as " the programme provider ") who—

• (a) is approved for the purposes of this section by the Secretary of State after consultation with the IBA ; and

• (b) under a contract with the Board, has the right and the duty to provide programmes to be broadcast by the Board, which may include advertisements.

• (2) The Secretary of State may after consultation with the Board withdraw an approval under this section if a relevant change takes place which, if it had occurred before the giving of the approval, would have induced the Secretary of State to refrain from giving the approval.

• (3) The Board shall do all that they can to secure that—

• (a) no person who is a disqualified person, and no body corporate over which a disqualified person has control, becomes or continues as the programme provider (whether alone or in partnership); and

• (b) no body corporate in which a disqualified person participates becomes or continues as the sole programme provider.

• (4) The contract between the Board and the programme provider shall—

• (a) contain all such provisions as the Board think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the programme provider; and

• (b) provide for the payment by the programme provider to the Board of such sums as the Board consider appropriate for enabling them to meet their reasonable outgoings.

• (5) For the purpose of enabling the programme provider to make charges for the reception of programmes provided by him, the Board may, notwithstanding anything in this Part, transmit the programmes in such a form (whether scrambled, encoded or otherwise) as will prevent any person from receiving them unless he obtains from the programme provider the means of doing so.

• (6) In this section—

• " disqualified person" has the meaning given by section 20(6) of the 1981 Act;

• " programme " includes a teletext transmission ;

• " relevant change "— in relation to an approval of two or more persons in partnership, means any change affecting the rights and duties of those persons in relation to the partnership; and in relation to an approval of a body corporate (whether alone or in partnership), means any change affecting participation in, or the nature and characteristics of, that body corporate or any other body corporate which participates in that body corporate.

• (7) For the purposes of this section and section 44 below a person participates in a body corporate if (whether alone or jointly with one or more other persons, and whether directly or through nominees) he holds or is beneficially entitled to shares, or possesses voting power, in the body corporate.

Application of 1981 Act and other enactments

44

• (1) Subject to subsection (2) below, the provisions of the 1981 Act specified in Schedule 4 to this Act shall apply in relation to the Board, television broadcasting services provided by the Board and the programme provider as they apply in relation to the IBA, ITV, TV programme contractors and teletext contractors.

• (2) In its application to the Board, subsection (2) of section 43 of the 1981 Act (annual reports) shall have effect as if it required the report for any financial year to include an account of the extent to which the programmes broadcast by the Board have been supplied to the programme provider by persons other than those mentioned in subsection (3) below.

• (3) The persons referred to in subsection (2) above are—

• (a) where a body corporate is the programme provider in partnership with other persons, an associate of that body corporate, a person who has control over that body corporate and a body corporate which is under the control of such a person; and

• (b) where a body corporate is the sole programme provider, a person who participates in that body corporate, an associate of such a person and a body corporate which is under the control of such a person.

• (4) Part III of the 1981 Act (the Broadcasting Complaints Commission) shall have effect as if—

• (a) any reference in section 53 to the IBA, or to a member, officer or employee of the IBA, included a reference to the Board, or to a member, officer or employee of the Board; and

• (b) any reference in that Part to a broadcasting body included a reference to the Board.

• (5) The Secretary of State may by order provide that any other enactments (including provisions of this Act) which apply in relation to the IBA, ITV, TV programme contractors or teletext contractors shall apply in relation to the Board, television broadcasting services provided by the Board or the programme provider with such modifications, if any, as may be specified in the order.

• (6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous

Extension of duration of IBA's function

45

• (1) In subsection (1) of section 2 of the 1981 Act (which makes it the function of the IBA to provide television and local sound broadcasting services until 31st December 1996) for the words "31st December 1996" there shall be substituted the words " 31st December 2001 ".

• (2) In subsection (5) of that section (power of Secretary of State to extend the duration of the function of the IBA) for the words " any date not later than 31st December 2001 " there shall be substituted the words " any later date ".

No need for IBA to invite applications before entering into certain contracts

46

• (1) The IBA need not comply with subsection (4) of section 19 of the 1981 Act (prior consultation etc.) in relation to any contract for the provision of television programmes which is entered into on the expiration (by effluxion of time) of a contract to which subsection (2) below applies.

• (2) This subsection applies to any contract for the provision of television programmes which was entered into before the commencement of this section.

• (3) In this section " television programme " includes a teletext transmission.

Provision of additional teletext services

47

• (1) If the IBA provide additional teletext services, then, for the purpose of enabling a teletext contractor to make charges for the reception of transmissions containing material provided by him and broadcast in such a service, the IBA may, notwithstanding anything in the 1981 Act, broadcast the transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent any person from receiving them unless he obtains from the contractor the means of doing so.

• (2) In this section and in the 1981 Act " additional teletext service " means a teletext service (other than a DBS service) which is additional to those already provided by the IBA under the 1981 Act.

Provision of transmitting equipment for national sound broadcasting service

48

• (1) With a view to the provision by the IBA of a national sound broadcasting service the IBA shall have power to do all such things as are in their opinion necessary or expedient for the purposes of equipping themselves to transmit the programmes included in such a service.

• (2) Without prejudice to the generality of the power conferred by subsection (1) above, the IBA shall have power for the purpose there mentioned—

• (a) to establish and install stations for wireless telegraphy (within the meaning of the Wireless Telegraphy Act 1949); and

• (b) to arrange for the provision and equipment of or, if need be, themselves to provide and equip studios and other premises for sound broadcasting purposes.

• (3) Without prejudice to the generality of the preceding provisions of this section and subsection (3) of section 3 of the 1981 Act (extent of IBA's powers), that subsection shall be construed as applying in relation to activities undertaken and in relation to property or rights acquired or held by the IBA for the purposes of this section.

• (4) The aggregate amount outstanding in respect of the principal of any sums borrowed by the IBA by virtue of this section shall not exceed £2,500,000 or such greater sum as the Secretary of State may from time to time with the consent of the Treasury specify.

• (5) Any property or rights acquired or liabilities incurred by the IBA for the purposes of this section shall be treated for financial purposes as property or rights acquired or liabilities incurred by the IBA for the purposes of the branch of their undertaking consisting of the provision of local sound broadcasting services.

• (6) The reference in paragraph 4(1) of Schedule 1 to the 1981 Act (capacity of the IBA as a statutory corporation) to the powers of the IBA under that Act shall be construed as including a reference to the powers of the IBA under this section.

• (7) Nothing in this section shall be construed as authorising the IBA to do, otherwise than under and in accordance with a licence under section 1 of the Wireless Telegraphy Act 1949 or section 7 of the 1984 Act, anything for the doing of which such a licence is requisite under those Acts respectively.

Directions in the interests of public service broadcasting

49

• (1) This section applies where—

• (a) the broadcasts in a television or sound broadcasting service are made from a place outside the United Kingdom for reception in the United Kingdom ; and

• (b) programmes are proposed to be broadcast in that service by the reception and re-transmission (whether immediately or after an interval) of material sent by means of a telecommunication system licensed under Part II of the 1984 Act.

• (2) If it appears to the Secretary of State, after consultation with both broadcasting authorities, that it is requisite or expedient to do so in the interests of public service broadcasting in the United Kingdom, he may by a direction under this section prohibit any person from sending material either for programmes generally, for programmes of a particular description or for particular programmes.

• (3) Without prejudice to the generality of subsection (2) above, the Secretary of State may give a direction under this section if it appears to him, after such consultation as aforesaid, that any of the programmes—

• (a) would consist of or include the whole or any part of listed or protected events ; or

• (b) would be such that they could not be included in a television or sound broadcasting service provided by the IBA.

• (4) A direction under this section shall be published in such manner as the Secretary of State considers appropriate.

• (5) A person who knowingly contravenes a direction under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (6) Without prejudice to subsection (5) above, compliance with a direction under this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

• (7) So much of section 14(10) of the 1956 Act as relates to the place from which a broadcast is to be treated as made shall apply for the purposes of this section as it applies for the purposes of that Act.

• (8) In this section—

• " broadcasting authority " means the BBC or the IBA ;

• " listed event" has the same meaning as in section 14 above;

• " material " means sounds or visual images or both ;

• " programme " includes a teletext transmission ;

• " protected event " means a sporting or other event which, in the opinion of the Secretary of State, is one of a series of similar events the whole or any part of which— it was at the commencement of this section the practice of a broadcasting authority to broadcast; and but for the acquisition of rights to include the whole or any part of events in that series in external broadcasting services, it would still be the practice of that authority to broadcast;

and for the purposes of this subsection anything broadcast by either of the broadcasting authorities shall be treated as broadcast by each of them.

Repeal of section 25(1) of 1981 Act

50

Section 25(1) of the 1981 Act (wages and conditions of employment of persons employed by programme contractors to be as favourable as those under a contract complying with the requirements of any resolution of the House of Commons for the time being in force applicable to contracts of Government departments) shall cease to have effect.

Supplemental

Repeal of certain provisions by order

51

• (1) Subject to subsection (2) below, the Secretary of State shall by order repeal sections 42 to 44 above and Schedules 3 and 4 to this Act as from the date on which the Board cease to function in accordance with section 42(4) above.

• (2) The Secretary of State may by order repeal those provisions as from an earlier date if he is satisfied that there is no suitable person able and willing to become or continue as the programme provider.

• (3) An order under this section may, if the Secretary of State thinks fit, also repeal section 46 above.

• (4) An order under this section may include such incidental, supplemental and transitional provisions as the Secretary of State thinks fit, and in particular may make provision for keeping the Board temporarily in existence for purposes connected with their activities and finances prior to the repeal effected by the order and for winding up the affairs of, and dissolving, the Board.

• (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part II

52

In this Part—

• " the Board " means the Satellite Broadcasting Board ;

• " DBS service ", " DBS programme contractor " and " DBS teletext contractor" have the meanings given by section 37(3) above;

• " the programme provider " has the meaning given by section 43(1) above.

PART III — Miscellaneous and General

Fraudulently receiving certain programmes

53

• (1) A person who dishonestly receives a programme included in a service to which this section applies with intent to avoid payment of any charge applicable to the reception of that programme shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) This section and section 54 below apply to—

• (a) any cable programme service ;

• (b) any television or sound broadcasting service provided by the BBC or the IBA; and

• (c) any service (other than a television or sound broadcasting service) which consists wholly or mainly in the sending, by means of a telecommunication system, of sounds or visual images or both and is provided for a person providing a service falling within paragraph (a) or (b) above ;

and for the purposes of this subsection a service provided for the Welsh Authority, the IBA's subsidiary or a programme contractor shall be treated as provided for the IBA.

• (3) Her Majesty may by Order in Council make provision, in the case of any country specified in the Order, for applying this section and section 54 below to—

• (a) any service provided in that country which would be a cable programme service if subsection (7) of section 2 above and references in subsection (1) of that section to the United Kingdom were omitted ;

• (b) any television or sound broadcasting service provided in that country by an organisation constituted in, or under the laws of, that country ; and

• (c) any service provided in that country (other than a television or sound broadcasting service) which consists wholly or mainly in the sending, by means of a telecommunication system, of sounds or visual images or both and is provided for a person providing a service falling within paragraph (a) or (b) above.

• (4) Her Majesty shall not make an Order in Council under subsection (3) above in the case of any country unless Her Majesty is satisfied that provision has been or will be made under the laws of that country whereby adequate protection will be given to persons making charges for programmes included in services falling within subsection (2) above.

• (5) Any statutory instrument containing an Order in Council under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Proprietary rights in respect of certain programmes

54

• (1) Every person who makes charges for the reception of programmes included in a service to which this section applies shall be entitled to the proprietary rights conferred by this section.

• (2) The rights conferred by this section are infringed by the manufacture, importation, sale or letting on hire of any apparatus or device which is designed or adapted, or the publication of any information which is calculated, to enable or assist persons to receive the programmes without payment.

• (3) Subject to subsection (5) below, infringements of the rights conferred by this section on any person shall be actionable at the suit of that person; and in any proceedings for such an infringement all such relief, by way of damages, injunction, interdict, account or otherwise, shall be available as is available in any corresponding proceedings in respect of infringements of other proprietary rights.

• (4) Where rights conferred by this section on any person have been infringed by the manufacture, importation, sale or letting on hire of any apparatus or device, then, subject to subsection (5) below, that person shall be entitled in respect of the conversion by any other person of the apparatus or device to all such relief, by way of an order for its delivery or otherwise, as he would be entitled to if he were its owner and had been its owner since the time of the infringement.

• (5) A person shall not be entitled to recover damages from another person by virtue of this section if, at the time of the infringement or conversion, that other person was not aware, and had no reasonable grounds for suspecting, that the rights conferred by this section on the first-mentioned person would be or had been infringed.

• (6) Section 72 of the Supreme Court Act 1981 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) shall each have effect as if the proceedings to which subsection (1) of that section applies included proceedings in the High Court brought by virtue of this section.

• (7) In the application of this section to Scotland, for any reference to the conversion by any person of any apparatus or device there shall be substituted a reference to an intromission by any person with any apparatus or device.

Offences by bodies corporate

55

• (1) 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 he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) 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.

General interpretation

56

• (1) Unless the contrary intention appears, expressions used in this Act which are also used in the 1981 Act have the same meanings as in that Act.

• (2) In this Act and, unless the contrary intention appears, in any enactment amended by this Act—

• " the 1956 Act " means the Copyright Act 1956 ;

• " the 1981 Act " means the Broadcasting Act 1981;

• " the 1984 Act " means the Telecommunications Act 1984 ;

• " cable programme service " has the meaning given by section 2(1) above;

• " the IBA's subsidiary " means the subsidiary mentioned in section 12(2) of the 1981 Act;

• " licensable cable programme service " has the same meaning as " licensable service " has in Part I of this Act;

• " licensed ", in relation to a cable programme service, means licensed under section 4 above ;

• " programme ", in relation to a cable programme service, includes any item included in that service ;

• " standard scale " has the meaning given by section 75 of the Criminal Justice Act 1982 ;

• " statutory maximum " has the meaning given by section 74 of that Act;

• " telecommunication service " and " telecommunication system " have the same meanings as in the 1984 Act.

Amendments and repeals

57

• (1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the provisions of this Act).

• (2) The enactments mentioned in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Transitional provisions

58

• (1) An order made, or having effect as if made, under section 57 of the 1984 Act shall have effect as if made under section 3 of this Act; and the provisions of this Act and the enactments amended by this Act shall have effect accordingly.

• (2) A licence granted, or having effect as if granted, by the Secretary of State under section 58 of the 1984 Act shall have effect as if granted by the Cable Authority under section 4 of this Act; and the provisions of this Act and the enactments amended by this Act shall have effect accordingly.

Short title, extent and commencement

59

• (1) This Act may be cited as the Cable and Broadcasting Act 1984.

• (2) This Act extends to Northern Ireland.

• (3) Her Majesty may by Order in Council direct that all or any of the provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such adaptations and modifications, if any, as may be specified in the Order.

• (4) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

SCHEDULE 1

Status and capacity

1

• (1) The Authority shall be a body corporate.

• (2) The Authority shall not be treated for the purposes of the enactments and rules of law relating to the privileges of tie Crown as a body exercising functions on behalf of the Crown.

• (3) It shall be within the capacity of the Authority as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the exercise of their functions under this Part, including the borrowing of money.

Appointment of members

2

• (1) All the members of the Authority (including the chairman and deputy chairman who shall be appointed as such) shall be appointed by the Secretary of State.

• (2) A person shall be disqualified for being appointed or being a member of the Authority so long as he is a governor of the BBC or a member of the IBA or the Welsh Authority.

• (3) Before appointing a person to be a member of the Authority, 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 member of the Authority; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Authority that he has no such interest.

• (4) Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the Authority shall, whenever requested by the Secretary of State to do so, furnish to him such information as the Secretary of State considers necessary for the performance by him of his duties under sub-paragraph (3) above.

Tenure of office

3

• (1) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment.

• (2) A person shall not be appointed as a member of the Authority for more than five years at a time.

• (3) A person may at any time resign his office as a member or as chairman or deputy chairman.

Remuneration and pensions of members

4

• (1) The Authority may pay to each member such remuneration and allowances as the Secretary of State may determine.

• (2) The Authority 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.

• (3) 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 Authority may make to him a payment of such amount as the Secretary of State may determine.

• (4) The approval of the Treasury shall be required for any determination under this paragraph.

Disqualification of members of Authority for House of Commons and Northern Ireland Assembly

5

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) there shall be inserted (at the appropriate place in alphabetical order) the following entry—

• The Cable Authority

;

and the like insertion shall be made in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

Proceedings

6

• (1) The quorum of the Authority and the arrangements relating ' their meetings shall be such as the Authority may determine.

• (2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general directions of the Authority, of any of the Authority's functions by a committee or by one or more of the members, officers or employees of the Authority.

7

• (1) A member of the Authority who is in any way directly or indirectly interested in a licence granted or proposed to be granted by the Authority shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Authority.

• (2) Any disclosure under sub-paragraph (1) above shall be recorded in the minutes of the Authority, and the member shall not take part after the disclosure in any deliberation or decision of the Authority with respect to the licence.

8

The validity of any proceedings of the Authority 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 above.

Officers and employees of Authority

9

• (1) The Authority may appoint a secretary and such other officers, and take into their employment such other persons, as they may determine.

• (2) The Authority shall, as regards any officers or persons employed in whose case it may be determined by the Authority so to do, pay to or in respect of them such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

• (3) If any officer of or other person employed by the Authority, being a participant in any pension scheme applicable to his office or employment, becomes a member of the Authority, 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 Authority were service as an officer of or person employed by the Authority.

Authentication of Authority's seal

10

The application of the seal of the Authority shall be authenticated by—

• (a) the signature of the chairman or deputy chairman of the Authority or some other member of the Authority authorised by the Authority to authenticate the application of their seal; and

• (b) the signature of the secretary of the Authority or some other officer of the Authority authorised by the Authority to act in that behalf.

Presumption of authenticity of documents issued by Authority

11

Any document purporting to be an instrument issued by the Authority and to be sealed as aforesaid or to be signed on behalf of the Authority shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

SCHEDULE 2

1

In section 53(3) of the 1981 Act (disqualification for membership of Broadcasting Complaints Commission) after the words " the IBA ", in the first place where they occur, there shall be inserted the words " or the Cable Authority " and for the words from " the preparation " to the end there shall be substituted the words—

(i) the preparation or provision of programmes for broadcasting by the BBC or the IBA (including, in the case of the IBA, programmes consisting of advertisements) ; and (ii) the provision of a licensed cable programme service or the preparation or provision of programmes for inclusion in such a service.

2

• (1) For paragraph (b) of subsection (1) of section 54 of that Act (functions of Commission) there shall be substituted the following paragraphs—

(b) unjust or unfair treatment in programmes actually included in a licensed cable programme service after the commencement of section 29 of the Cable and Broadcasting Act 1984 otherwise than by the reception and immediate re-transmission of broadcasts made by a broadcasting body; or (c) unwarranted infringement of privacy in, or in connection with the obtaining of material included in, sound or television programmes actually so broadcast or programmes actually so included.

• (2) For the definitions of " complaint" and " participant" in subsection (3) of that section there shall be substituted the following definitions—

• ' broadcasting complaint' means a complaint in the case of which the relevant programme was broadcast by a broadcasting body;
• ' cable programme complaint' means a complaint in the case of which the relevant programme was included in a licensed cable programme service otherwise than by the reception and immediate re-transmission of broadcasts made by a broadcasting body;
• ' complaint' means a complaint to the Commission of any such unjust or unfair treatment or unwarranted infringement of privacy as is mentioned in subsection (1);
• ' participant', in relation to a programme, means a person who appeared, or whose voice was heard, in the programme ;

.

3

• (1) In subsection (4) of section 55 of that Act (making and entertaining of complaints) after the words " relevant programme " there shall be inserted the words " or its inclusion in a licensed cable programme service ".

• (2) At the end of subsection (5) of that section there shall be added the words " or included in a licensed cable programme service ".

• (3) In subsection (6) of that section after the word " broadcast" there shall be inserted the words " or included in a licensed cable programme service ".

4

• (1) For paragraphs (b) and (c) of subsection (2) of section 56 of that Act (consideration of complaints) there shall be substituted the following paragraphs—

(b) in the case of a broadcasting complaint, the broadcasting body by whom the relevant programme was broadcast; (c) in the case of a cable programme complaint, the Cable Authority and every person providing a licensed cable programme service in which the relevant programme was included ; and (d) in either case, any person not falling within the foregoing paragraphs who appears to the Commission to have been responsible for the making or provision of the relevant programme.

• (2) For subsection (3) of that section there shall be substituted the following subsection—

(3) Before they proceed to consider a complaint the Commission shall— (a) in the case of a broadcasting complaint, send a copy of it to the broadcasting body by whom the relevant programme was broadcast; and (b) in the case of a cable programme complaint, send a copy of it to the Cable Authority.

• (3) In subsection (4) of that section after the words " broadcasting body " there shall be inserted the words " or the Cable Authority ". and after the words " that body ", in each place where they occur, there shall be inserted the words " or Authority ".

• (4) For subsections (5) and (6) of that section there shall be substituted the following subsections—

(5) Where a broadcasting body or the Cable Authority receive from the Commission a copy of a complaint, it shall be the duty of that body or Authority, if so required by the Commission, to arrange for one or more of the governors, members or officers of that body or Authority to attend and assist the Commission in their consideration of the complaint. (6) Where a broadcasting body or the Cable Authority receive from the Commission a copy of a complaint and, in connection with the complaint, the Commission make to any person (other than that body or Authority) a request to which this subsection applies, it shall be the duty of that body or Authority to take such steps as they reasonably can to ensure that the request is complied with.

5

• (1) In subsection (1) of section 57 of that Act (publication of Commission's findings) for the words from "to the broadcasting body " to " so specified " there shall be substituted the words " directions requiring the publication, in any manner specified in the directions and within such period as may be so specified, of ".

• (2) For subsection (2) of that section there shall be substituted the following subsections—

(2) Directions under subsection (1) shall, in the case of a broadcasting complaint, be given to the broadcasting body by whom the relevant programme was broadcast; and it shall be the duty of a broadcasting body to comply with any directions so given. (2A) Directions under subsection (1) shall, in the case of a cable programme complaint, be given to every person providing a licensed cable programme service in which the relevant programme was included ; and it shall be the duty of the Cable Authority to take such steps as they reasonably can to ensure that any directions so given are complied with.

• (3) In subsection (5) of that section for the words " or programme contractor " there shall be substituted the words " , programme contractor or person providing a licensed cable programme service ".

6

• (1) In section 58 of that Act (duty to publicise Commission) for the word "complaints" there shall be substituted the words " broadcasting complaints ".

• (2) That section as so amended shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

(2) It shall be the duty of the Cable Authority to take such steps as they reasonably can to secure the publication (by means of licensed cable programme services or otherwise) of regular announcements publicising the Commission and their function of considering and adjudicating upon cable programme complaints.

7

At the end of section 59(3) of that Act (annual report of Commission) there shall be added the words " and to the Cable Authority and every person providing a licensed cable programme service ".

SCHEDULE 3

Status and capacity

1

• (1) The Board shall be a body corporate.

• (2) The Board 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.

• (3) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the exercise of their functions under this Part, including the borrowing of money.

Appointment of members

2

• (1) All the members of the Board shall be appointed by the Secretary of State after consultation with the BBC and the IBA.

• (2) Before appointing a person to be a member of the Board, 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 member of the Board ; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Board that he has no such interest.

• (3) Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the Board shall, whenever requested by the Secretary of State to do so, furnish to him such information as the Secretary of State considers necessary for the performance by him of his duties under sub-paragraph (2) above.

Chairman

3

The Board shall elect a chairman from among their members.

Tenure of office

4

• (1) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member of the Board in accordance with the terms of his appointment.

• (2) A person shall not be appointed as a member of the Board for more than five years at a time.

• (3) A person may at any time resign his office as a member or as chairman.

Remuneration and pensions of members

5

• (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

• (2) The Board 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.

• (3) 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 Board may make to him a payment of such amount as the Secretary of State may determine.

• (4) The approval of the Treasury shall be required for any determination under this paragraph.

Proceedings

6

• (1) The quorum of the Board and the arrangements relating to their meetings shall be such as the Board may determine.

• (2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general directions of the Board, of any of the Board's functions by a committee or by one or more of the members, officers or employees of the Board.

7

The validity of any proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Officers and employees of Board

8

• (1) The Board may appoint a secretary and such other officers, and take into their employment such other persons, as they may determine.

• (2) The Board shall, as regards any officers or persons employed in whose case it may be determined by the Board so to do, pay to or in respect of them such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

• (3) If any officer of or other person employed by the Board, being a participant in any pension scheme applicable to his office or employment, becomes a member of the Board, 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 Board were service as an officer of or person employed by the Board.

Authentication of Board's seal

9

The application of the seal of the Board shall be authenticated by—

• (a) the signature of the chairman of the Board or some other member of the Board authorised by the Board to authenticate the application of their seal; and

• (b) the signature of the secretary of the Board or some other officer of the Board authorised by the Board to act in that behalf.

Presumption of authenticity of documents issued by Board

10

Any document purporting to be an instrument issued by the Board and to be sealed as aforesaid or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.

SCHEDULE 4

SCHEDULE 5

The Parliamentary Papers Act 1840

1

Section 3 of the Parliamentary Papers Act 1840 (which confers 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 inclusion in a cable programme service which is or does not require to be licensed.

The Law of Libel Amendment Act 1888

2

Section 3 of the Law of Libel Amendment Act 1888 (which relates to contemporary reports of proceedings before courts exercising judicial authority) shall apply in relation to reports or matters included in a cable programme service which is or does not require to be licensed, and in relation to any inclusion in such a service of any such report or matter, as it applies in relation to reports and matters published in a newspaper and to publication in a newspaper.

The Cinematograph Act 1909

3

• (1) In section 1(3) of the Cinematograph Act 1909 (provision against cinematograph exhibition except in licensed premises) the words " under Part IV of the Telecommunications Act 1984 " shall be omitted.

• (2) This paragraph does not extend to Northern Ireland.

The Children and Young Persons Act 1933

4

• (1) In subsection (2)(a) of section 28 of the Children and Young Persons Act 1933 (powers of entry) after the words " broadcasting studio" there shall be inserted the words " a cable programme studio " and after the word " broadcast" there shall be inserted the words " in a cable programme ".

• (2) After subsection (3) of that section there shall be inserted the following subsection—

(4) In this section ' cable programme' means a programme included in a cable programme service and ' cable programme studio' shall be construed accordingly.

• (3) Sections 39 and 49 of that Act (which restrict 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 cable programme service as they apply in relation to newspapers.

The Children and Young Persons (Scotland) Act 1937

5

• (1) In subsection (2)(a) of section 36 of the Children and Young Persons (Scotland) Act 1937 (powers of entry) after the words " broadcasting studio " there shall be inserted the words " a cable programme studio ". and after the word " broadcast", there shall be inserted the words " in a cable programme ".

• (2) After subsection (3) of that section there shall be inserted the following subsection—

(4) In this section ' cable programme' means a programme included in a cable programme service and 'cable programme studio ' shall be construed accordingly.

• (3) Section 46 of that Act (which restricts 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 cable programme service as it applies in relation to newspapers.

The Copyright Act 1956

6

• (1) In the proviso to subsection (3) of section 2 of the 1956 Act (copyright in literary, dramatic and musical works) the word " and " immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be inserted the following paragraph—

(e) the inclusion of the work in a cable programme,

.

• (2) In subsection (5) of that section for paragraph (e) there shall be substituted the following paragraph—

(e) including the work in a cable programme ;

.

• (3) In section 3(5) of that Act (copyright in artistic works) for paragraph (d) there shall be substituted the following paragraph—

(d) including the work in a cable programme.

• (4) In section 6(9) of that Act (general exceptions from protection of literary, dramatic and musical works) for the words " caused to be transmitted to subscribers to a diffusion service " there shall be substituted the words " included in a cable programme ".

• (5) In section 7(8) of that Act (special exceptions as regards libraries and archives) for the words "causes it to be transmitted to subscribers to a diffusion service " there shall be substituted the words " includes it in a cable programme ".

• (6) In section 9(11) of that Act (general exceptions from protection of artistic works) for the words "television programme which is caused to be transmitted to subscribers to a diffusion service " there shall be substituted the words " cable programme ".

• (7) In subsection (10) of section 14 of that Act (copyright in television broadcasts and sound broadcasts) for the words from " the visual images or sounds " to the end there shall be substituted the following paragraphs—

(a) the visual images or sounds in question, or both, as the case may be, are broadcast; or (b) in the case of a television broadcast or sound broadcast made by the technique known as direct broadcasting by satellite, the visual images or sounds in question, or both, as the case may be, are transmitted to the satellite transponder.

• (8) After that subsection there shall be inserted the following subsection—

(11) The foregoing provisions of this section shall have effect as if references in those provisions and in section 12(9) of this Act to sounds included references to signals serving for the impartation of matter otherwise than in the form of sounds or visual images.

• (9) In subsection (1) of section 16 of that Act (supplementary provisions for purposes of Part II) for the words " and sound broadcasts " there shall be substituted the words " sound broadcasts and cable programmes ".

• (10) In subsection (6) of that section after the word " broadcast" there shall be inserted the words " cable programme ".

• (11) In section 18(3) of that Act (right of owner of copyright in respect of infringing copies etc.) for the words " a sound broadcast" there shall be substituted the words " a sound broadcast or a cable programme ". and for the words "or broadcast" there shall be substituted the words " broadcast or programme ".

• (12) In section 24(2) of that Act (general provisions as to jurisdiction of tribunal) for the words " cause the work or an adaptation thereof to be transmitted to subscribers to a diffusion service " there shall be substituted the words " include the work or an adaptation thereof in a cable programme ". and for the words " or to broadcast it "there shall be substituted the words " to broadcast it or to include it in a cable programme ".

• (13) In subsection (1) of section 28 of that Act (exercise of jurisdiction of tribunal in relation to diffusion of foreign broadcasts) for the words " cause works to be transmitted to subscribers to a diffusion service " there shall be substituted the words " include works or sound recordings in a cable programme service provided ". , for the word " distributing ", in the first place where it occurs, there shall be substituted the words " including in such a service ". , after the word " works ", in the second place where it occurs, there shall be inserted the words " or recordings ". and for the words " distributing those programmes " there shall be substituted the words " including those programmes in a cable programme service ".

• (14) In subsection (2) of that section after the words " the works ", in both places where they occur, there shall be inserted the words " or recordings ". , for the words " cause those works to be transmitted to subscribers to diffusion services " there shall be substituted the words " include those works or recordings in cable programme services provided ". and for the words " cause those works to be so transmitted " there shall be substituted the words " so include those works or recordings ".

• (15) In subsection (4) of that section after the word " works ", in the first place where it occurs, there shall be inserted the words " or sound recordings ".

• (16) At the end of section 31(3) of that Act (extension of Act to Isle of Man, Channel Islands, colonies and dependencies) there shall be added the words

or— (e) in the case of a cable programme, it was sent from a place in that country.

• (17) At the end of section 32(1) of that Act (application of Act to countries to which it does not extend) there shall be added the following paragraph—

(f) apply in relation to cable programmes sent from places in that country as they apply in relation to cable programmes sent from places in the United Kingdom.

• (18) In subsection (4) of section 40 of that Act (broadcasts of sound recordings and cinematograph films and diffusion of broadcast programmes) for the words " the programme to be transmitted " there shall be substituted the words " including the programme in a cable programme service ".

• (19) In subsection (5) of that section after the words "a work" there shall be inserted the words " or sound recording ". and after the words the work" there shall be inserted the words " or recording ".

• (20) In section 41(5) of that Act (use of copyright material for education) for the words " and television broadcasts " there shall be substituted the words " television broadcasts and cable programmes ".

• (21) In section 43(2)(d) of that Act (false attribution of authorship) for the words " or broadcasts " there shall be substituted the words broadcasts or includes in a cable programme ".

• (22) In subsection (1) of section 48 of that Act (interpretation) after the definition of building " there shall be inserted the following definition—

• ‘ cable programme ' cable programme service ' and ' programme ' have the meanings assigned to them by section 14A of this Act;

.

• (23) For subsection (3) of that section there shall be substituted the following subsections—

(3) References in this Act to the inclusion of a programme in a cable programme service are references to its inclusion in such a service by the person providing that service. (3A) For the purposes of this Act no account shall be taken of a cable programme service if, and to the extent that, it is provided for— (a) a person providing another such service ; (b) the Corporation ; or (c) the Authority; and for the purposes of this subsection a cable programme service provided for the Welsh Fourth Channel Authority, the subsidiary mentioned in section 12(2) of the Broadcasting Act 1981 or a programme contractor within the meaning of that Act shall be treated as provided for the Authority. (3B) For the purposes of this Act no account shall be taken of a cable programme service which is only incidental to a business of keeping or letting premises where persons reside or sleep, and is operated as part of the amenities provided exclusively or mainly for residents or inmates therein.

• (24) In subsection (5) of that section for the words " the causing of a work or other subject matter to be transmitted to subscribers to a diffusion service " there shall be substituted the words " including a work or other subject matter in a cable programme ".

• (25) In paragraph 36(3) of Schedule 7 to that Act (transitional provisions) for paragraph (c) there shall be substituted the following paragraph—

(c) including the work or an adaptation thereof in a cable programme.

The Dramatic and Musical Performers' Protection Act 1958

7

• (1) In section 6 of the Dramatic and Musical Performers' Protection Act 1958 (special defences) for the word " transmission ", in each place where it occurs, there shall be substituted the words " cable programme ". and after the word "made" there shall be inserted the words " or included ".

• (2) In section 7 of that Act (consent on behalf of performers) for the word " transmission ", in each place where it occurs, there shall be substituted the words " cable programme ". , after the word " made " there shall be inserted the words " or included ". and after the word " making ", in both places where it occurs, there shall be inserted the words " or including ".

• (3) In subsection (1) of section 8 of that Act (interpretation), after the definition of " broadcast" there shall be inserted the following definitions—

• ' cable programme' means a programme included in a cable programme service, and references to the inclusion of a cable programme shall be construed accordingly ;
• ' cable programme service' means a cable programme service within the meaning of the Cable and Broadcasting Act 1984 or a service provided outside the United Kingdom which would be such a service if subsection (7) of section 2 of that Act and references in subsection (1) of that section to the United Kingdom were omitted ;

.

• (4) Also in that subsection after the definition of " performers " there shall be inserted the following definition—

• ' programme', in relation to a cable programme service, includes any item included in that service ;

.

• (5) After subsection (2) of that section there shall be inserted the following subsection—

(3) Section 48(3) of the Copyright Act 1956 (which explains the meaning of references in that Act to the inclusion of a programme in a cable programme service) shall apply for the purposes of this Act as it applies for the purposes of that Act.

The Obscene Publications Act 1959

8

• (1) Proceedings for an offence under section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) for publishing an obscene article—

• (a) shall not be instituted in any case where the relevant publication took place in the course of including a programme in a cable programme service ; and

• (b) shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where the only other publication which followed from the relevant publication took place in the course of including a programme in such a 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.

• (2) It is hereby declared that a person who has an obscene article in his ownership, possession or control with a view to its being shown, played or projected in the course of a cable programme service shall be taken for the purposes of subsection (1) of that section to have that article for publication for gain.

• (3) Proceedings for an offence under that section 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 the relevant publication or the only other publication which could reasonably have been expected to follow from the relevant publication was to take place in the course of including a programme in a cable 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.

• (4) 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 (3) above proceedings under the said section 2 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 said Act of 1959 (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.

• (5) In this paragraph expressions used in the said Act of 1959 have the same meanings as in that Act.

The Public Bodies (Admission to Meetings) Act 1960

9

In section 1(7) of the Public Bodies (Admissions to Meetings) Act 1960 (admission of public to meetings of local authorities and other bodies) after the word " broadcasts" there shall be inserted the words " or for programmes to be included in a cable programme service which is or does not require to be licensed ".

The Betting, Gaming and Lotteries Act 1963

10

For paragraphs (a) and (b) of paragraph 5 of Schedule 4 to the Betting, Gaming and Lotteries Act 1963 (exclusion of faculties for seeing or hearing certain broadcasts) there shall be substituted the following paragraphs—

(a) seeing any television programme which is broadcast by wireless telegraphy within the meaning of the Wireless Telegraphy Act 1949 or is included in a cable programme service; or (b) hearing any sound programme which is so broadcast or so included and which— (i) is intended to be received by the general public; or (ii) comprises matter other than information relating to events in connection with which betting transactions may be or have been effected on the licensed premises,

.

The Protection of Depositors Act 1963

11

In section 26(3) of the Protection of Depositors Act 1963 (definition of " advertisement") after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

The Children and Young Persons Act 1963

12

For paragraph (d) of section 37(2) of the Children and Young Persons Act 1963 (restriction on persons under 16 taking part in certain performances) there shall be substituted the following paragraphs—

(d) any performance included in a cable programme service; (e) any performance recorded (by whatever means) with a view to its use in a broadcast or such a service or in a film intended for public exhibition ;

.

The Performers' Protection Act 1963

13

• (1) In section 3(1) of the Performers' Protection Act 1963 (relaying of performances) after the word "reception" there shall be inserted the words " and immediate re-transmission ". and for the words from " causes " to " public " there shall be substituted the words " includes a performance to which the principal Act applies, or any part of such performance, in a cable programme without the consent in writing of the performers ".

• (2) In section 4(1)(a) of that Act (giving of consent without authority) for the words " broadcast or transmission is made " there shall be substituted the words " or broadcast is made or a cable programme is included "

The Licensing Act 1964

14

In section 182(1) of the Licensing Act 1964 (relaxation, with respect to licensed premises, of law relating to music and dancing licences) after the word "broadcasts" there shall be inserted the words " or by the use of a cable programme service which is or does not require to be licensed ".

The Protection of Depositors Act (Northern Ireland) 1964

15

In section 26(3) of the Protection of Depositors Act (Northern Ireland) 1964 (definition of " advertisement") after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

The Private Places of Entertainment (Licensing) Act 1967

16

At the end of section 2(3) of the Private Places of Entertainment (Licensing) Act 1967 (certain private places of entertainment to require licences) there shall be inserted the words " or of being included in a cable programme service which is or does not require to be licensed ".

The Wireless Telegraphy Act 1967

17

In section 6(1) of the Wireless Telegraphy Act 1967 (interpretation of Part I)—

• (a) after the definition of " television dealer" there shall be inserted the following definition—

• ' television programme ' means a television programme broadcast for general reception or included in a licensable cable programme service

; and

• (b) in the definition of " television set" the words " wireless telegraphy" and " broadcast for general reception " shall be omitted.

The London Cab Act 1968

18

In section 4(5) of the London Cab Act 1968 (restrictions on advertising in connection with private hire-cars) after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

The Trade Descriptions Act 1968

19

In section 39(2) of the Trade Descriptions Act 1968 (interpretation) after the word " broadcast" there shall be inserted the words " or in a programme included in a cable programme service ".

The Social Work (Scotland) Act 1968

20

In section 58(1) of the Social Work (Scotland) Act 1968 (prohibition of publication of proceedings in a children's hearing) after the word "broadcast" in both places where it occurs there shall be inserted the words " or a programme included in a cable programme service ".

The Theatres Act 1968

21

• (1) In subsection (2)(b)(iii) of section 7 of the Theatres Act 1968 (exceptions for performances given in certain circumstances) for the words " transmitted to subscribers to a diffusion service there shall be substituted the words " included in a cable programme service which is or does not require to be licensed .

• (2) In subsection (3) of that section the words from " and section " to the end shall be omitted.

The Gaming Act 1968

22

In section 42(8) of the Gaming Act 1968 (definition of " advertisement") after the word "television" there shall be inserted the words " or by inclusion in a cable programme service ".

The Medicines Act 1968

23

• (1) In subsection (1) of section 92 of the Medicines Act 1968 (definition of " advertisement") after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

• (2) In subsection (2)(b) of that section for the words " transmitted to subscribers to a diffusion service " there shall be substituted the words " included in a cable programme service ".

• (3) In subsection (6) of that section the words from " and section " to the end shall be omitted.

The Children and Young Persons Act {Northern Ireland) 1968

24

• (1) For paragraph (d) of section 40(2) of the Children and Young Persons Act (Northern Ireland) 1968 (restriction on persons under 16 taking part in certain performances) there shall be substituted the following paragraphs—

(d) any performance included in a cable programme service; (e) any performance recorded (by whatever means) with a view to its use in a broadcast or such a service or in a film intended for public exhibition ;

.