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Cable and Broadcasting Act 1984

Type Public General Act
Publication 1984-07-26
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (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.
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 ;

.

  • (2) In subsection (2)(a) of section 45 of that Act (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 ".
  • (3) At the end of that section there shall be added the following subsection—

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

  • (4) Sections 59 and 68 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 Local Government Act (Northern Ireland) 1972

25

In section 148 of the Local Government Act (Northern Ireland) 1972 (interpretation) at the end of the definition of " newspaper " there shall be added the words " or for programmes to be included in a cable programme service which is or does not require to be licensed ".

The Education and Libraries (Northern Ireland) Order 1972

26

In Article 2(2) of the Education and Libraries (Northern Ireland) Order 1972 (interpretation) at the end of the defection of ' newspaper " there shall be added the words " or for programmes to be included in a cable programme service which is or does not require to be licensed ".

The Employment Agencies Act 1973

27

In section 13(4) of the Employment Agencies Act 1973 (interpretation) the word " or " immediately following paragraph (b) shall be omitted and after paragraph (c) there shall be inserted the words

or (d) to providing a licensable cable programme service.

The Northern Ireland Constitution Act 1973

28

In paragraph 14 of Schedule 3 to the Northern Ireland Constitution Act 1973 (minimum reserved matters) for the words "including sound broadcasting and television " there shall be substituted the words " (including sound broadcasting and television) and the provision of cable programme services ".

The Fair Trading Act 1973

29

In Part I of Schedule 7 to the Fair Trading Act 1973 (goods and services wholly excluded from section 50 of that Act) after paragraph 8 there shall be inserted the following paragraph—

(9) The provision of a licensed cable programme service.

The Criminal Procedure (Scotland) Act 1975

30

In subsection (2) of sections 169 and 374 of the Criminal Procedure (Scotland) Act 1975 (restrictions on reporting of criminal proceedings involving persons under 16) after the word "broadcasts " there shall be inserted the words " and any programme included in a cable programme service ".

The Industry Act 1975

31
  • (1) At the end of subsection (1) of section 9 of the Industry Act 1975 (the National Enterprise Board and the media) there shall be added the words

or (c) provide a licensed cable programme service

.

  • (2) At the end of subsection (3) of that section there shall be added the words

or (iii) activities connected with the provision of a licensed cable programme service

.

  • (3) After subsection (9) of that section there shall be inserted the following subsection—

(9A) If the Board or any of the Board's subsidiaries acquire any of the share capital of a body corporate which provides a licensed cable programme service, they shall consult the Cable Authority as to the steps that they are to take with regard to that share capital and obey any direction given by that Authority.

The Scottish Development Agency Act 1975

32

In section 17 of the Scottish Development Agency Act 1975 (the Scottish Development Agency and the media) after " 1975 " there shall be inserted the words " as amended by the Cable and Broadcasting Act 1984 ".

The Welsh Development Agency Act 1975

33
  • (1) At the end of subsection (1) of section 19 of the Welsh Development Agency Act 1975 (the Welsh Development Agency and the media) there shall be added the words

or (c) provide a licensed cable programme service

.

  • (2) At the end of subsection (3) of that section there shall be added the words

or (iii) activities connected with the provision of a licensed cable programme service

.

  • (3) After subsection (9) of that section there shall be inserted the following subsection—

(9A) If the Agency or any of the Agency's subsidiaries acquire any of the share capital of a body corporate which provides a licensed cable programme service, they shall consult the Cable Authority as to the steps that they are to take with regard to that share capital and obey any direction given by that Authority.

The Sexual Offences (Amendment) Act 1976

34
  • (1) In subsection (1) of section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases) after the word " broadcast" there shall be inserted the words " or included in a cable programme ".
  • (2) In subsection (5) of that section for the words " or broadcast" there shall be substituted the words " broadcast or included in a cable programme " , the word " and " immediately following paragraph (b) shall be omitted and after paragraph (c) there shall be inserted the words

and (d) in the case of an inclusion in a cable programme, any body corporate which sends or provides the programme and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,.

.

  • (3) In subsection (6) of that section after the definition of " a broadcast" there shall be inserted—
  • ‘cable programme' means a programme included in a cable programme service ;

.

  • (4) In subsection (7) of that section for the words " or broadcasting " there shall be substituted the words " broadcasting or inclusion in a cable programme ". and for the words " or broadcast" there shall be substituted the words " broadcast or inclusion in a cable programme ".
  • (5) In section 5(5) of that Act (provisions supplementary to section 4) for the words " or broadcast" there shall be substituted the words " broadcast or cable programme ".
  • (6) In section 6(1) of that Act (anonymity of defendants in rape etc. cases) after the word "broadcast" there shall be inserted the words " or included in a cable programme ".

The Sexual Offences (Northern Ireland) Order 1978

35
  • (1) In paragraph (1) of Article 6 of the Sexual Offences (Northern Ireland) Order 1978 (anonymity of complainant in rape etc. cases) after the word " broadcast" there shall be inserted the words " or included in a cable programme ".
  • (2) In paragraph (5) of that Article for the words " or broadcast" there shall be substituted the words " broadcast or included in a cable programme " , the word " and" immediately following sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be inserted the words

and— (d) in the case of an inclusion in a cable programme, any body corporate which sends or provides the programme and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

  • (3) In paragraph (6) of that Article after the definition of " a broadcast " there shall be inserted—
  • ' cable programme' means a programme included in a cable programme service ;

.

  • (4) In paragraph (7) of that Article for the words " or broadcasting " there shall be substituted the words " broadcasting or inclusion in a cable programme ". and for the words " or broadcast" there shall be substituted the words " broadcast or inclusion in a cable programme ".
  • (5) In Article 7(3) of that Order (provisions supplementary to Article 6) for the words " or broadcast" there shall be substituted the words " broadcast or cable programme ".
  • (6) In Article 8(1) of that Order (anonymity of defendants in rape etc. cases) after the word " broadcast" there shall be inserted the words " or included in a cable programme ".

The Banking Act 1979

36

In section 34(4) of the Banking Act 1979 (definition of " advertisement ") after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

The Magistrates' Courts Act 1980

37
  • (1) In subsection (1) of section 8 of the Magistrates' Courts Act 1980 (restrictions on reports of committal proceedings) after the word " broadcast" there shall be inserted the words " or include in a cable programme ".
  • (2) In subsections (2B), (4), (5) and (8) of that section for the words " or broadcast", in each place where they occur, there shall be substituted the words " broadcast or included in a cable programme ".
  • (3) In subsection (3) of that section for the words " or broadcast", in each place where they occur, there shall be substituted the words " broadcast or include in a cable programme ".
  • (4) After paragraph (c) of subsection (5) of that section there shall be inserted the following paragraph—

(d) in the case of an inclusion of a report in a cable programme, any body corporate which sends or provides the programme and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

.

  • (5) In subsection (10) of that section after the definition of " broadcast " there shall be inserted—
  • cable programme " means a programme included in a cable programme service ;

.

The Indecent Displays (Control) Act 1981

38

In section 1(4)(a) of the Indecent Displays (Control) Act 1981 (indecent displays) for the words from "transmitted" to "State" there shall be substituted the words " included in a cable programme service which is or does not require to be licensed ".

The Contempt of Court Act 1981

39
  • (1) In section 2(1) of the Contempt of Court Act 1981 (limitation of scope of strict liability) after the word " broadcast" there shall be inserted the words " cable programme ".
  • (2) In section 19 of that Act (interpretation) immediately before the definition of "court" there shall be inserted the following definition—
  • ‘cable programme' means a programme included in a cable programme service ;

.

The Broadcasting Act 1981

40
  • (1) For paragraph (c) of section 3(1) of the 1981 Act (powers of Authority) there shall be substituted the following paragraph—

(c) by arrangements made for the purpose with persons providing cable programme services, to provide for the inclusion in the services of programmes broadcast by the Authority.

  • (2) In section 9(1) of that Act (code for advertisements), at the beginning of paragraph (a) there shall be inserted the words " after consultation with the Cable Authority ".
  • (3) In subsection (3) of section 14 of that Act (provision of teletext services) for the words " TV programme contractor " there shall be substituted the words " TV or DBS programme contractor ".
  • (4) In subsections (2) and (3) of section 33 of that Act (provisions supplementary to section 32), for the words "from stations", in each place where they occur, there shall be substituted the words " for reception in areas or localities ". and for the word " stations '*, in the third place where it occurs in subsection (2) and in the fourth place where it occurs in subsection (3), there shall be substituted the words " areas or localities ".
  • (5) For subsection (2) of section 42 of that Act (accounts and audit) there shall be substituted the following subsections—

(2) The accounts of the Authority shall be audited by auditors to be appointed by the Authority with the approval of the Secretary of State. (2A) A person shall not be qualified to be appointed as an auditor in pursuance of subsection (2) above unless he is a member of one or more of the following bodies— - the Institute of Chartered Accountants in England and Wales; - the Institute of Chartered Accountants of Scotland ; - the Association of Certified Accountants ; - the Institute of Chartered Accountants in Ireland ; - any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Secretary of State ; but a Scottish firm may be so appointed if each of the partners in the firm is qualified to be so appointed.

  • (6) In section 63(1) of that Act (interpretation) after the definition of "local sound broadcast" there shall be inserted the following definition—
  • ' programme ', in relation to a television or sound broadcasting service, includes any item broadcast in that service ;

.

  • (7) After paragraph 1 of Schedule 4 to that Act (rental payments) there shall be inserted the following paragraph—

(1A) In the principal sections (other than section 33(1)) and the following provisions of this Schedule references to advertising receipts— (a) in relation to a DBS programme contractor, and in relation to any period, include references to payments received or to be received by that contractor in respect of charges made for the reception of programmes provided by him and broadcast in a DBS service in that period ; and (b) in relation to a teletext contractor, and in relation to any period, include references to payments received or to be received by that contractor in respect of charges made for the reception of programmes provided by him and broadcast in a DBS or additional teletext service in that period.

  • (8) In paragraph 2 of that Schedule—
  • (a) after sub-paragraph (5) there shall be inserted the following sub-paragraph—

(5A) Without prejudice to the generality of sub-paragraph (5) " relevant expenditure " includes, in relation to a DBS programme contractor, any expenditure incurred by the contractor in connection with the provision of the satellite transponder.

; and

  • (b) in sub-paragraph (7) for the words " the provisions of paragraph 1 " there shall be substituted the words " the foregoing provisions of this Schedule " ; and
  • (c) in sub-paragraph (8) after the words " in the case of " there shall be inserted the words " a DBS programme contractor, of ".
  • (9) In paragraph 3(2) of that Schedule after the words " TV pro-programme contractors," there shall be inserted the words " DBS programme contractors, ".
  • (10) At the end of paragraph 8(2) of Schedule 7 to that Act (the Broadcasting Complaints Commission: supplementary provisions) there shall be inserted the words " but a Scottish firm may be so appointed if each of the partners in the firm is qualified to be so appointed ".

The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981

41

In Article 11(4) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (interpretation) the word "or" immediately following sub-paragraph (b) shall be omitted and after sub-paragraph (c) there shall be inserted the words

or (d) to providing a licensable cable programme service

.

The Cinematograph (Amendment) Act 1982

42

In section 1 of the Cinematograph (Amendment) Act 1982 (extension of Cinematograph Act 1909 to certain other exhibitions of moving pictures) the words " under Part IV of the Telecommunications Act 1984 " shall be omitted.

The Insurance Companies Act 1982

43

In section 72(6) of the Insurance Companies Act 1982 (definition of " advertisement") after the word " television " there shall be inserted the words " or by inclusion in a cable programme service ".

The Representation of the People Act 1983

44
  • (1) In section 75(1)(i) of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent) after the word " Authority " there shall be inserted the words " or in a programme included in a cable programme service which is or does not require to be licensed ".
  • (2) At the end of section 93 of that Act (broadcasting during elections) there shall be added the following subsection—

(3) References in this section to items being broadcast from a television or other wireless telegraphy transmitting station in the United Kingdom include references to items being included in a cable programme service ; and references in this section to the making of broadcasts shall be construed accordingly

.

The Telecommunications Act 1984

45
  • (1) After subsection (10) of section 7 of the 1984 Act (power to licence telecommunication systems) there shall be inserted the following subsections—

(10A) Before the Secretary of State or the Director decides whether to grant or revoke a licence under this section which authorises the running of a telecommunication system to which subsection (10B) below applies, he shall consult with the Cable Authority. (10B) A telecommunication system is one to which this subsection applies if— (a) any person proposes to provide or is providing, by means of the system, a licensable cable programme service ; and (b) notice of that fact has been given to the Secretary of State or the Director.

  • (2) In subsection (1) of section 42 of that Act (fraudulent use of telecommunication system) for the words " service provided by means of a licensed telecommunication system " there shall be substituted the words " service to which this subsection applies ".
  • (3) In subsection (2) of that section for the words " In this section ' licensed telecommunication system' means " there shall be substituted the words " Subsection (1) above applies to any service (other than a service to which section 53 of the Cable and Broadcasting Act 1984 applies) which is provided by means of ".
  • (4) In section 43(2) of that Act (improper use of public telecommunication system) the words " (within the meaning of Part IV of this Act) " shall be omitted.

The Video Recordings Act 1984

46

For paragraph (b) of section 3(8) of the Video Recordings Act 1984 (exempted supplies) there shall be substituted the following paragraph—

(b) a cable programme service which is or does not require to be licensed.

SCHEDULE 6

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