Cable and Broadcasting Act 1984

• (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