Legalize / United Kingdom / Public General Act

Broadcasting Act 1990

Type Public General Act

Publication 1990-11-01

Last updated 2026-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) so as to specify different percentages in relation to licences to provide different services.

(7) The Secretary of State may by order amend sub-paragraphs (1)(a), (2)(a) and (b) by adding a reference to relevant services falling within the category specified in paragraph 1(2)(b).

Audience time and total audience time for purposes of paragraph 2

3

(1) For the purposes of paragraph 2—

(a) the audience time attributable to a service in respect of any period is an estimate by the Commission of the number of hours that would be produced by—

(i) ascertaining, in relation to every person who in that period watched any programme included in that service, the total amount of time he spent in that period watching programmes so included, and

(ii) adding together all the amounts of time so ascertained, and

(b) total audience time in respect of any period is the total of all the audience times attributable to services specified in sub-paragraph (2) in respect of that period.

(2) The services referred to in sub-paragraph (1)(b) are—

(a) every television programme service capable of being received in the British Islands, and

(b) every other service which consists wholly or mainly in the broadcasting, or transmission by satellite, from a place outside the British Islands of television programmes which are capable of being received in the British Islands.

(3) For the purposes of this paragraph the Commission may disregard—

(a) watching in such circumstances, or by persons of such description, as the Commission may from time to time determine,

(b) periods of watching whose duration does not exceed such length of time as they may so determine, and

(4) Any estimate required for the purposes of this paragraph may be made by the Commission in such manner, or by reference to such surveys conducted or statistics prepared by any one or more other persons, as they think fit.

(5) Any determination made by the Commission under sub-paragraph (4) shall be published by them in such manner as they think fit.

(6) In this paragraph—

(a) “programme” includes part of a programme, and

(b) references to watching a programme do not include references to watching it outside the British Islands.

(7) If it appears to the Secretary of State that there has been a significant change in the audience measurement practices prevailing in the television industry, the Secretary of State may, after consulting the Commission, make such amendments of sub-paragraphs (1), (3) and (6) as he considers appropriate for the purpose of taking account of that change.

Restrictions on holding of licences to provide Channel 3 services or Channel 5

4

(1) No one person may at any time hold a licence to provide a national Channel 3 service and a licence to provide Channel 5.

(2) A person who holds a licence to provide a regional Channel 3 service for a particular area may not also hold any other licence to provide a regional Channel 3 service for that area.

Limit on the holding of licences to provide television multiplex services

5

(1) No one person may at any time hold more than six licences to provide television multiplex services.

(2) For the purposes of sub-paragraph (1), a person who is a participant with more than a 20 per cent. interest in a body corporate which holds a licence to provide a television multiplex service but does not control that body shall be treated as holding the licence held by that body.

(3) No one person may at any time, in relation to each of eightor more licences to provide television multiplex services, be either the holder of the licence or a participant with more than a 10 per cent. interest in a body corporate which holds the licence.

(4) In relation to any person who, under any arrangement with the BBC, provides a television multiplex service for the BBC (on a frequency which is not assigned to the Commission under section 6(1) of the 1996 Act)—

(a) sub-paragraph (1) shall have effect as if the reference to six licences were a reference to five licences, and

(b) sub-paragraph (3) shall have effect as if the reference to eight licences were a reference to seven licences.

(5) The Secretary of State may by order—

(a) amend sub-paragraphs (1) to (4) by substituting a different numerical limit or percentage for any numerical limit or percentage for the time being specified there,

(b) designate any television multiplex service as a regional multiplex service for the purposes of this sub-paragraph, and

(c) prescribe restrictions on the holding by any one person of two or more licences to provide regional multiplex services whose coverage areas are to a significant extent the same.

(6) The Secretary of State shall not designate any television multiplex service as a regional television multiplex service for the purposes of sub-paragraph (5) unless less than half of the population of the United Kingdom is resident within the proposed coverage area of the service.

Limits on the holding, by persons providing digital programme services, of licences to provide other categories of service

6

(1) The Secretary of State may by order prescribe restrictions on the holding, by a person who is providing a digital programme service by means of a television multiplex service designated by order under paragraph 5(5)(b) as a regional multiplex service, of a licence to provide any service specified in sub-paragraph (2) whose coverage area is to a significant extent the same as that of the digital programme service.

(2) The services referred to in sub-paragraph (1) are—

(a) a regional Channel 3 service,

(b) a local radio service, and

(3) The Secretary of State may also by order prescribe restrictions on the provision by any one person at any time of both—

(a) a digital programme service by means of a television multiplex service which is designated by order under paragraph 5(5)(b) as a regional multiplex service, and

(b) a digital sound programme service whose coverage area is to a significant extent the same as that of the digital programme service.

Limit in relation to provision of digital programme services

7

(1) No person holding a licence to provide digital programme services may, at any time before such day as the Secretary of State may by order appoint for the purposes of this paragraph, provide digital programme services by means of two or more television multiplex services if the number of points attributable to those digital programme services (calculated in accordance with this paragraph) exceeds the permitted maximum.

(2) Subject to sub-paragraphs (3) to (5), the number of points attributable to any digital programme service is two.

(3) Where—

(a) the population within the coverage area of a digital programme service is less than half of the population within the coverage area of the television multiplex service by means of which it is provided, or

(b) a digital programme service is provided by means of a television multiplex service designated by the Secretary of State by order under paragraph 5(5)(b) as a regional multiplex service, or

(d) in the case of a digital programme service which was first provided after the beginning of the relevant period, the applicant has notified the Commission of his intention to provide a service in relation to which average weekly air time will be at least 12 hours but less than 50 hours,

the number of points attributable to that digital programme service is one.

(4) Subject to sub-paragraph (5), where—

(a) average weekly air time in relation to a digital programme service is less than 12 hours, or

(b) in the case of a digital programme service which was first provided after the beginning of the relevant period, the applicant has notified the Commission of his intention to provide a service in relation to which average weekly air time will be less than 12 hours,

no points are attributable to that digital programme service.

(5) Where the average weekly air time in relation to each of two or more digital programme services (“the relevant services”) provided by any one person by means of television multiplex services licenced under Part I of the Broadcasting Act 1996 is less than 12 hours, the relevant services shall be treated for the purposes of this paragraph as if they were one service with an average weekly air time equal to the aggregate of the average weekly air times in relation to the relevant services..

(6) For the purposes of sub-paragraphs (3) to (5), as they have effect in relation to the operation of sub-paragraph (1) at any time—

(a) “the relevant period” means the period of 13 weeks ending with the last week falling wholly within the previous calendar month, and

(b) “average weekly air time”, in relation to a digital programme service, means the average number of hours per week for which the service has been broadcast during the relevant period;

and in this sub-paragraph “week” means a week ending with Saturday.

(7) The permitted maximum shall be determined by reference to the total number of points attributable to all digital programme services being provided by means of television multiplex services licensed under Part I of the Broadcasting Act 1996, as follows—

(a) where the total number of points is not more than 10, the permitted maximum is 2,

(b) where the total number of points is more than 10 but less than 40, the permitted maximum is 10, and

(8) For the purposes of this paragraph a person who holds a licence to provide digital programme services and is a participant with more than a 20 per cent. interest in—

(a) a body corporate which also holds such a licence, or

(b) a body corporate which—

(i) for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom, and

(ii) provides digital programme services by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996,

but who does not control that body, shall be taken to provide any digital programme services provided by that body.

(9) The Secretary of State may by order amend this paragraph—

(a) by altering the number of points for the time being attributable to digital programme services falling within sub-paragraph (2), (3) or (4),

(b) by substituting a different number of hours for the number for the time being specified in sub-paragraph (3), (4) or (5),

(d) by substituting a different percentage for the percentage for the time being specified in sub-paragraph (8).

(10) An order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Limits in relation to licences to provide radio services

8

(1) No one person may, at any time before such day as the Secretary of State may by order appoint for the purposes of this paragraph (in this paragraph referred to as “the appointed day”) hold two or more licences to provide services falling within one or more of the categories specified in paragraph 1(3)(a) or (b) such that the total number of points attributable to those services, calculated in accordance with paragraph 9, exceeds 15 per cent. of the total number of points so calculated attributable to all such services in respect of which licences are in force or have been awarded.

(2) No one person may, at any time on or after the appointed day—

(a) hold two or more licences to provide services falling within one or more of the categories specified in paragraph 1(3)(a), (b) or (g) such that the total number of points attributable to those services, calculated in accordance with paragraph 9, exceeds 15 per cent. of the total number of points so calculated attributable to—

(i) all national or local radio services in respect of which licences are in force or have been awarded, and

(ii) all national or local digital sound programme services which are being provided, or

(b) hold a licence to provide services falling within the category specified in paragraph 1(3)(g) and provide two or more services falling within that category such that the total number of points attributable to those services, calculated in accordance with paragraph 9, exceeds 15 per cent. of the total number of points so calculated attributable to all the services referred to in paragraph (a)(i) or (ii).

(3) Before making an order appointing a day for the purposes of this paragraph, the Secretary of State shall consult the Authority.

Calculation of points for purposes of paragraph 8

9

(1) For the purposes of paragraph 8, to the categories of national or local radio services and national or local digital sound programme services set out in the Table below there shall be attributed points according to that Table.


Category of service	Points
National radio service or national digital sound programme service	25
Category A local radio service or Category A local digital sound programme service	15
Category B local radio service or Category B local digital sound programme service	8
Category C local radio service or Category C local digital sound programme service	3
Category D local radio service or Category D local digital sound programme service	1

(2) For the purposes of the Table a local radio service or local digital sound programme service falls—

(a) into category A if the number of persons over the age of 15 resident in the coverage area of that service exceeds 4.5 million;

(b) into category B if the number of such persons exceeds 1 million but does not exceed 4.5 million;

(d) into category D if the number of such persons does not exceed 400,000.

(3) No points shall be attributed to a national or local digital sound programme service unless the service is being provided.

(4) In the case of a national or local radio service provided on an amplitude modulated (AM) frequency the relevant number of points attributable to the service by virtue of the Table shall be reduced by one third.

(5) A service which, on the day on which the licence to provide it is granted, falls into a particular category for the purposes of the Table shall continue to be regarded as falling into that category so long as any increase or decrease in the relevant number of persons over the age of 15 (which would otherwise take the service outside that category) does not exceed 10 per cent.

(6) A person who is a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a national or local radio service, but who does not control that body, shall for the purposes of paragraph 8 be treated as the holder of a licence to provide a national or local service to which one half of the points which would otherwise be attributable to such a service are attributed.

(7) A person who is a participant with more than a 20 per cent. interest in a body corporate which provides a national or local digital sound programme service, but who does not control that body, shall for the purposes of paragraph 8 be treated as providing a national or local digital sound programme service to which one half of the points which would otherwise be attributable to such a service are attributed.

Power to amend paragraphs 8 and 9

10

(1) The Secretary of State may by order make such amendments of paragraphs 8 and 9 as he thinks fit for the purposes of including restricted radio services among the services referred to in any provision of paragraph 8 and of providing for the calculation of the points to be attributed to any such service, or any category of such service.

(2) The Secretary of State may by order amend paragraph 9—

(a) by substituting different categories for the categories for the time being set out in the Table in sub-paragraph (1) and in sub-paragraph (2) or adding further categories,

(b) by substituting a different number of points for the number of points for the time being attributed to each category,

(d) by substituting a different age for the age for the time being specified in sub-paragraph (2)(a) and (5),

(e) by substituting a different fraction for the fraction for the time being specified in sub-paragraph (4) or repealing that sub-paragraph, or

(f) by substituting a different percentage for the percentage for the time being specified in sub-paragraphs (6) and (7) in relation to an interest in a body corporate or a different fraction for the fraction for the time being specified in those sub-paragraphs in relation to the points to be attributed to a person falling within either of those sub-paragraphs.

Limits in relation to licences to provide national radio services, radio multiplex services or digital sound programme services

11

(1) No one person may at any time hold more than one licence to provide a national radio service.

(2) No one person may at any time—

(a) hold more than one licence to provide a national radio multiplex service, or

(b) hold a licence to provide national digital sound programme services and provide more than one national digital sound programme service.

(3) For the purposes of sub-paragraph (2)(a) a person who is a participant with more than a 20 per cent. interest in a body corporate which holds a licence to provide a radio multiplex service but does not control that body shall be treated as holding the licence held by that body.

(4) No one person may at any time—

(a) hold a licence to provide a radio multiplex service and be a participant with more than a 20 per cent.interest in more than four bodies corporate which holds any other such licence, or

(b) be a participant with more than a 20 per cent. interest in each of six or more bodies corporate which hold such licences.

(5) The Secretary of State may by order—

(a) amend sub-paragraph (1), (2) or (4) by substituting a different numerical limit for any numerical limit for the time being specified there, and

(b) amend sub-paragraph (3) or (4) by substituting a different percentage for any percentage for the time being specified there.

Limits in relation to licences to provide local radio services in overlapping areas

12

(1) No one person may at any time hold any two licences to provide local radio services which share a potential audience unless either—

(a) one of the licences is an AM licence and the other is an FM licence, or

(b) the Authority have determined that in all the circumstances, having regard to the matters specified in sub-paragraph (4), the holding by that person of the licences in question could not be expected to operate against the public interest within the area concerned.

(2) No one person may at any time hold any three licences to provide local radio services any of which shares a potential audience with each of the other two services unless—

(a) the licences include both an AM licence and an FM licence, and

(b) the Authority have determined that in all the circumstances, having regard to the matters specified in sub-paragraph (4), the holding by that person of the licences in question could not be expected to operate against the public interest within the area concerned.

(3) No one person may at any time hold any four or more licences to provide local radio services any of which shares a potential audience with each of the other services.

(4) The matters referred to in sub-paragraphs (1) and (2) are—

(a) any reduction in plurality of ownership of local radio services within the area concerned that would result from a decision to allow the licences to be held together, and

(b) the likely effect of such a decision on—

(i) the range of programmes available by way of independent radio services to persons living in the area concerned, and

(ii) diversity in the sources of information available to the public in the area concerned and in the opinions expressed on local radio services received in that area.

(5) For the purposes of this paragraph two local radio services share a potential audience if, but only if, the potential audience of one service includes more than half of the potential audience of the other service.

(6) This paragraph has effect subject to paragraph 13.

(7) In this paragraph—

“AM licence” means a licence to provide a local radio service on an amplitude modulated frequency,

“FM licence” means a licence to provide such a service on a frequency modulated frequency, and

“potential audience”, in relation to a local radio service, means the persons over the age referred to in paragraph 9(2)(a) who reside in the coverage area of that service.

Power by order to impose different restrictions in place of paragraph 12

13

The Secretary of State may by order provide that, where a digital sound programme service is provided in any area, the holding by any one person of two or more licences to provide in that area local radio services which for the purposes of paragraph 12 share a potential audience with each other or with each of the others shall, instead of being subject to the restrictions specified in paragraph 12, be subject to other restrictions specified in the order.

Limits in relation to provision of local digital sound programme services

14

(1) Subject to sub-paragraph (2), no one person holding a licence to provide local digital sound programme services may at any time provide more than one non-simulcast service by means of a particular local radio multiplex service.

(2) Where—

(a) the coverage area of the local radio multiplex service is to a significant extent the same as that of another local radio multiplex service, and

(b) the person concerned is not providing any non-simulcast service by means of that other local radio multiplex service,

sub-paragraph (1) shall have effect as if the reference to one non-simulcast service were a reference to two such services.

(3) In this paragraph “non-simulcast service” means any local digital sound programme service other than one which—

(a) is provided by a person who holds a licence to provide a local radio service, and

(b) corresponds to that local radio service.

(4) For the purposes of sub-paragraph (3)(b) a local digital sound programme service corresponds to a local radio service if, and only if, in every calendar month—

(a) at least 80 per cent. of so much of the local radio service as consists of programmes, consists of programmes which are also included in the local digital sound programme service in that month, and

(b) at least 50 per cent. of so much of the local radio service as consists of such programmes is broadcast at the same time on both services.

(5) The Secretary of State may by order—

(a) amend sub-paragraphs (1) and (2) by substituting a different numerical limit for any numerical limit for the time being specified there, and

(b) amend sub-paragraph (4)(a) or (b) by substituting a different percentage for any percentage for the time being specified there.

(6) In subsection (4) “programme” does not include an advertisement.

Further restrictions on holding of licences of different descriptions

15

(1) No one person may at any time hold—

(a) a licence to provide a national Channel 3 service or Channel 5, and

(b) a licence to provide a national radio service.

(2) No one person may at any time hold—

(a) a licence to provide a local radio service or local digital sound programme services, and

(b) a licence to provide a regional Channel 3 service whose coverage area is to a significant extent the same as that of the local radio service or of any local digital sound programme service provided by him.

11

(1) A body corporate which holds a licence to provide digital programme services and is, or is connected with, the proprietor of a national newspaper or a relevant local newspaper, shall not begin to provide a digital programme service if the Commission determine before the end of the period specified in sub-paragraph (2) that in all the circumstances the provision of that service by that body corporate could be expected to operate against the public interest.

(2) The period referred to in sub-paragraph (1) is the period of three months beginning with the day on which the Commission are notified pursuant to section 19(3) of the 1996 Act of an agreement to provide the digital programme service, or such longer period beginning with that day as the Commission may in a particular case, after consultation with the licence holder, notify him during those three months as being the period which they reasonably consider necessary in the circumstances.

(3) Subject to sub-paragraph (4), a body corporate which is providing a digital programme service shall not become, or become connected with, the proprietor of a national newspaper and continue to provide the service if the Commission determine within the permitted period that in all the circumstances the continued provision of the service by that body corporate operates, or could be expected to operate, against the public interest.

(4) Sub-paragraph (3) does not apply in any case where the body corporate which is providing the digital programme service—

(a) is already the proprietor of some other national newspaper or is already connected with such a proprietor, and

(b) does not become connected with—

(i) the holder of a licence to provide a regional Channel 3 service or a local radio service, or

(ii) the holder of another licence to provide digital programme services who is providing a service under that licence.

(5) Subject to sub-paragraph (6), a body corporate which is providing a digital programme service shall not become, or become connected with, the proprietor of a relevant local newspaper and continue to provide the service if the Commission determine within the permitted period that in all the circumstances the continued provision of the service by that body corporate operates, or could be expected to operate, against the public interest.

(6) Sub-paragraph (5) does not apply in any case where the body corporate which is providing the digital programme service—

(a) is already the proprietor of some other local newspaper which is a relevant local newspaper in relation to the service referred to in that sub-paragraph, or is already connected with such a proprietor, and

(b) does not become connected with—

(i) the holder of a licence to provide a regional Channel 3 service or local radio service in relation to which that other local newspaper is also a relevant local newspaper, or

(ii) the holder of another licence to provide digital programme services who is providing a service under that licence in relation to which that other local newspaper is also a relevant local newspaper.

(7) In this paragraph—

(a) references to a relevant local newspaper shall be construed in accordance with paragraph 10(6), and

(b) “the permitted period” has the meaning given by paragraph 9(5) and (6).

12

(1) Notice may be given to the relevant authority in accordance with this paragraph of proposed arrangements which might result—

(a) in the application of paragraph 9(2) to a body corporate which holds a licence to provide any of the services specified in paragraph 9(4),

(b) in the application of paragraph 10(2) or (4) to a body corporate which holds a licence to provide a regional Channel 3 service or a local radio service, or

(c) in the application of paragraph 11(1), (3) or (5) to a body corporate which holds a licence to provide digital programme services.

(2) A notice under sub-paragraph (1)—

(a) may be given by the licence holder or any other person appearing to the relevant authority to be concerned,

(b) shall state that the existence of the proposal has been made public, and

(3) The relevant authority may, at any time before making a determination under this paragraph, require the person who gave the notice to provide them with such further information with respect to the notified arrangements as they think fit.

(4) The relevant authority shall, as soon as reasonably practicable, determine whether in all the circumstances, if the notified arrangements were carried into effect, the continued holding of the licence by the body corporate could be expected to operate against the public interest.

(5) If—

(a) the relevant authority determine, in relation to any notified arrangements, that the fact referred to in sub-paragraph (4) could not be expected to operate against the public interest, and

(b) the notified arrangements are carried into effect within the period of 12 months beginning with the date of the determination,.

the relevant authority may not make any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) arising out of the carrying into effect of the notified arrangements.

(6) Sub-paragraph (5) does not prevent any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) being made if—

(a) any information given to the relevant authority in respect of the notified arrangements by the person who gave the notice is in any material respect false or misleading, or

(b) since the making of the determination there has been a material change of circumstances (other than such a change of which notice was given to the relevant authority under sub-paragraph (3) before the making of the determination).

(7) In this paragraph “the notified arrangements” means the arrangements mentioned in the notice under sub-paragraph (1) or arrangements not differing from them in any material respect.

13

(1) The matters to which the relevant authority shall have regard in determining, for the purposes of paragraph 9, 10, 11 or 12, whether the holding of a licence by a body corporate which is, or is connected with, the proprietor of a newspaper operates, or could be expected to operate, against the public interest include—

(a) the desirability of promoting—

(i) plurality of ownership in the broadcasting and newspaper industries, and

(ii) diversity in the sources of information available to the public and in the opinions expressed on television or radio or in newspapers,

(b) any economic benefits (such as, for example, technical development or an increase in employment or in the value of goods or services exported) that might be expected to result from the holding of the licence by that body but could not be expected to result from the holding of the licence by a body corporate which was not, and was not connected with, the proprietor of a newspaper, and

(c) the effect of the holding of the licence by that body on the proper operation of the market within the broadcasting and newspaper industries or any section of them

(2) References in paragraphs 9, 10, 11 and 12 to the public interest include references to the public interest within any area of the United Kingdom.

14

In relation to any determination under paragraph 11(1), (3) or (5), references in paragraphs 12 and 13 to the holding of the licence shall have effect as references to the provision of the service.

15

(1) The Secretary of State may by order—

(a) prescribe restrictions on the holding of one or more licences to provide restricted television services by a person who runs a national or local newspaper, and

(b) apply any of the provisions of paragraphs 9 to 13, with such modifications as may be specified in the order, in relation to the holding of a licence to provide a restricted television service.

(2) Any order under sub-paragraph (1) may provide that, for the purposes of any provision of the order, a person is to be treated as holding a licence if the licence is held by a person connected with him.

(3) In this paragraph “restricted television service” means a restricted service within the meaning of Part I of this act.

Power to make copies of recordings.

Information to be furnished by BBC for purposes of reports under section 186.

Offences by bodies corporate.

Further provision about references under paragraph 4

Enforcement

False or misleading information

Date for digital switchover

Applications for national licences.

Applications for licences: local services and restricted services

Renewal under section 104AA: nomination of national services

Licensing of additional services.

Special application procedure for local licences.

Requirements as to character and coverage of national and local services.

Licensable sound programme services.

Licensing of additional services.

Variation of local licence following change of control.

Licensable sound programme services.

100A

Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—

(a) to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and

(b) to do all that he can to secure the broadcasting of that service.

Licensing of additional services.

106ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Broadcasting Standards Council.

Applications for additional services licences.

Variation of local licence following change of control.

Applications for additional services licences.

Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

Duty of BBC to include independent productions in their television services.

Offence of supporting proscribed foreign satellite services.

Power to make copies of recordings.

Offences by bodies corporate.

Unauthorised decoders for encrypted services etc.

Membership

183A

(1) The Service shall consist of not more than twelve members.

(2) The members of the Service are to be appointed by OFCOM

(3) OFCOM must appoint one of the members to be the chairman of the Service.

(4) The approval of the Scottish Ministers is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.

(5) The members of the Service must include—

(a) a member nominated by the BBC;

(b) a member nominated by Highlands and Islands Enterprise; and

(6) When appointing members of the Service, OFCOM must have regard to—

(a) the desirability of having members of the Service who are proficient in written and spoken Gaelic; and

(b) any guidance issued by the Scottish Ministers for the purposes of this section.

(7) OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.

(8) Schedule 19 to this Act shall have effect with respect to the Service.

(9) In this section—

“Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005

“regional Channel 3 service” has the same meaning as in Part 1.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contributions towards maintenance of national television archive.

Entry and search of premises.

8A

(1) The Service must pay all their receipts to OFCOM.

(2) OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer to BBC of functions connected with television licences.

Offence of supporting proscribed foreign satellite services.

Digital switchover

97A

(1) The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.

(2) When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).

(3) The Secretary of State—

(a) may nominate different dates for different services, and

(b) may give notice to OFCOM withdrawing a nomination under this section.

(4) In this section and section 97B—

“date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;

“post-commencement service” means a local service, national service or additional service that is provided under a licence that—was granted on or after the day on which this section comes into force, orhas been renewed under section 103B or 104AA.

97B

(1) This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).

(2) If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).

(3) OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.

(4) If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.

(5) If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends—

(a) on that date, or

(b) before that date (and after the date when it would have otherwise ended),

if the licence holder consents to the variation.

Procedure to be followed by Authority in connection with consideration of applications for national licences.

103B

(1) A national licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).

(2) Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to subsections (3) and (3A).

(3) Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—

(a) subsection (4)(b),

(b) in subsection (4)(c), the words from “or OFCOM” to the end,

(d) subsection (8)(a), and

(e) subsection (9)(c).

(3A) Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(4) Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.

Additional payments to be made in respect of additional services licences.

104AA

(1) A local licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (subject to the following provisions of this section and section 104AB).

(2) A local licence may be renewed under this section only if—

(a) it has been renewed under section 104A, or

(b) it is granted on or after the day on which this section comes into force ....

(3) Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) to (5).

(4) Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.

(4ZA) Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—

(a) the condition in section 104A(5)(a) is met,

(b) the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and

(4ZB) The alternative condition is met if—

(a) in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—

(i) a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and

(ii) a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and

(b) OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).

(4ZC) Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—

(a) a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and

(b) a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.

(4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(5) In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—

(a) subsections (4) and (13)(b) were omitted,

(b) references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, ...

(c) references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB , and

(d) references to the nominated small-scale radio multiplex service were omitted.

(6) In this section and sections 104AB and 104AC—

“approved licence” means a local licence approved by OFCOM for the purposes of this section;

“local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.

“small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.

(7) Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—

(a) the licence proposed to be approved, and

(b) a period in which representations may be made to OFCOM.

104AB

(1) For the purposes of section 104AA, a “national nomination” by an applicant for the renewal of an approved licence is the nomination of—

(a) a national digital sound programme service provided or to be provided by the applicant, and

(b) a national radio multiplex service.

(2) A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.

(3) The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.

(4) A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.

104AC

(1) This section applies where—

(a) a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,

(b) an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and

(2) OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—

(a) removing the local digital services condition, and

(b) adding a national digital services condition.

(3) OFCOM must have received an application for the variation from the licence holder.

(4) OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.

(5) In this section—

“local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;

“national digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that the nominated national digital sound programme service is broadcast by means of the nominated national radio multiplex service until the day on which the licence (as renewed under section 104A) is to expire;

“nominated” means nominated in the nomination referred to in subsection (1)(b).

Additional payments to be made in respect of additional services licences.

Consultation about change of character of local services

Additional services not to interfere with other transmissions.

Duty of BBC to include independent productions in their television services.

105A

(1) This section applies if the Secretary of State—

(a) has not nominated a date for digital switchover under section 97A for one or more relevant renewed services, or

(b) has withdrawn the nomination of such a date and has not nominated another such date under that section.

(2) The Secretary of State may give notice to OFCOM fixing a date (the “termination date”) in relation to that service or such of those services as are specified or described in the notice.

(3) The Secretary of State may fix different dates for different services but may not fix a date falling before 31 December 2015.

(4) If the period for which a licence to provide a relevant renewed service is to continue in force ends after the termination date fixed for the service, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (5).

(5) OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.

(6) If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.

(7) “Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.

Licensable sound programme services.

Preparation by Council of code relating to broadcasting standards.

Additional payments to be made in respect of additional services licences.

Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

Requirements as to character and coverage of national and local services.

Date for digital switchover

Special application procedure for local licences.

The Broadcasting Standards Council.

Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

Duty of BBC to include independent productions in their television services.

Defamatory material.

Duty to provide advance information about programmes.

Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

Entry and search of premises.

Licensing of additional services.

The Broadcasting Standards Council.

Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

Offences by bodies corporate.

Regulation by Commission of provision of television services.

Establishment of Channel 3.

Applications for Channel 3 licences.

Enforcement of licences held by BBC companies.

Date for digital switchover

Defamatory material.

Duty to provide advance information about programmes.

Offence of supporting proscribed foreign satellite services.

Transfer to BBC of functions connected with television licences.

Offences by bodies corporate.

18A

(1) For the purposes of section 18(3B) or (3C), the qualifying revenue for an accounting period of a holder of a Channel 3 licence is the aggregate of—

(a) the qualifying revenue for that accounting period of the licence holder which derives from that licensed service, and

(b) the qualifying revenue for that accounting period of the licence holder which derives from any on-demand programme service, non-UK on-demand programme service or television programme service that is—

(i) provided by the licence holder or a person associated with the licence holder, and

(ii) included in an internet programme service that is designated under section 362AA(2) of the Communications Act 2003 as a service provided by the licence holder or as a service provided by a person associated with the licence holder.

(2) Section 19(2) to (6) applies for determining the qualifying revenue referred to in subsection (1)(a).

(3) Section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from an on-demand programme service or a non-UK on-demand programme service.

(4) Section 19(2) and (4) to (6) applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from a television programme service as if—

(a) in section 19(2) and (6), references to a Channel 3 service were references to the television programme service,

(b) in section 19(2), (4) and (6), references to the holder of a Channel 3 licence were references to the provider of the television programme service, and

(5) Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of this section as it applies for the purposes of Part 3A of that Act.

(6) For the purposes of this section—

(a) the person who provides an internet programme service is the person treated for the purposes of Part 3A of the Communications Act 2003 as providing that service (see section 362AZ12 of that Act), and

(b) the person who provides an on-demand programme service or a non-UK on-demand programme service is the person treated for the purposes of Part 4A of that Act as providing that service (see section 368R of that Act).

(7) In this section—

“designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AZ12(1));

“on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in Part 4A of that Act (see section 368A).

23A

(1) The Corporation must carry on their activities in the way that they have reasonable grounds to consider would be most likely to enable the Corporation, over the long term—

(a) to maintain or increase the amount of activity that is done in pursuance of their primary functions, and

(b) to be securely in a position to meet costs incurred in the carrying out of their primary functions.

(2) In this section, “primary functions” has the same meaning as in section 199(1) of the Communications Act 2003.

56A

(1) A Board of S4C is established.

(2) That Board—

(a) is to be known as the S4C Board or (in Welsh) Bwrdd S4C, and

(b) is to be constituted in accordance with this Act.

(3) Except where otherwise provided by or under any enactment, the duties and powers of S4C are to be discharged and exercised by the S4C Board on behalf of S4C.

(4) Schedule 6A makes further provision about the S4C Board.

Function and duties of Welsh Authority.

Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

Defamatory material.

Duty to provide advance information about programmes.

Offence of supporting proscribed foreign satellite services.

Transfer to BBC of functions connected with television licences.

Schedule 6A

1

(1) The S4C Board is to consist of—

(a) non-executive members, and

(b) executive members.

(2) The non-executive members are to be—

(a) a chair, and

(b) at least five, and not more than eight, other non-executive members.

(3) It is for the Secretary of State—

(a) to decide, in accordance with sub-paragraph (2)(b), the number of other non-executive members;

(b) to appoint the non-executive members.

(4) The executive members are to be—

(a) the employee of S4C holding the position of, or acting as, Chief Executive of S4C, and

(b) at least one and not more than two other employees of S4C.

(5) It is for the non-executive members, in accordance with sub-paragraph (4)(b)—

(a) to decide the number of other executive members;

(b) to appoint the other executive members.

(6) A person making an appointment under this paragraph must do so with a view to ensuring that, collectively, the members of the S4C Board have the range of skills and experience needed for the effective running of S4C.

2

(1) The members of the S4C Board must not at any time include a person who is a member or an employee of the BBC.

(2) The members of the S4C Board must not at any time include a person who is a member or an employee of OFCOM.

(3) The Secretary of State must—

(a) before appointing a person to be a non-executive member of the S4C Board, be satisfied that the person will not have any financial or other interest likely to affect prejudicially the discharge of that person’s duties as a member of the S4C Board, and

(b) from time to time consider, in respect of each non-executive member of the S4C Board, whether that member has any such interest.

3

(1) A member of the S4C Board holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.

(2) A non-executive member must be appointed for a fixed term of not more than five years.

(3) A person who has held office as a non-executive member for two consecutive terms may not be re-appointed as a non-executive member until the end of the five years beginning with the end of the second of those terms.

(4) A non-executive member ceases to be a member of the S4C Board if the member—

(a) becomes an employee of S4C, or

(b) resigns from office by giving written notice to the Secretary of State.

(5) An executive member under paragraph 1 (4)(a) ceases to be a member of the S4C Board on ceasing to be the Chief Executive of S4C.

(6) Any other executive member ceases to be a member of the S4C Board if the member—

(a) ceases to be an employee of S4C, or

(b) resigns from office by giving written notice to S4C.

4

(1) S4C may pay to each non-executive member of the S4C Board such remuneration and allowances as the Secretary of State may determine.

(2) S4C may pay or make provision for paying to or in respect of any non-executive member of the S4C Board such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

(3) S4C may pay compensation, of such amount as the Secretary of State may determine, to a person where—

(a) the person ceases to be a non-executive member of the S4C Board otherwise than on the expiry of the person’s term of office, and

(b) it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.

5

(1) The S4C Board may regulate its own procedure (including quorum), subject to the provisions of paragraphs 6 and 7.

(2) The S4C Board may make arrangements providing for the discharge of any of the S4C Board’s functions by—

(a) a committee, or

(b) one or more persons each of whom is either a member of the S4C Board or an employee of S4C.

6

In managing the affairs of S4C the S4C Board must have regard to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to S4C.

7

(1) A member of the S4C Board who has an interest, whether directly or indirectly, in any matter that is brought up for consideration at a meeting of the S4C Board must disclose the nature of that interest to the meeting.

(2) Where a disclosure is made under sub-paragraph (1)—

(a) the disclosure must be recorded in the minutes of the meeting, and

(b) subject to sub-paragraph (3), the member must not take part in any deliberation or decision of the S4C Board, or any of its committees, with respect to that matter.

(3) Sub-paragraph (2)(b) does not apply in relation to a meeting of the S4C Board at which all the other members present resolve that the member’s interest is to be disregarded for the purposes of that provision.

(4) For the purposes of sub-paragraph (1)—

(a) a general notification given at a meeting of the S4C Board that the member is to be regarded as interested in any matter involving a specified organisation is to be regarded as a sufficient disclosure of the member’s interest in relation to any such matter, and

(b) a member may make a disclosure under that sub-paragraph without attending a meeting of the S4C Board if the member takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at a meeting.

(5) References in this paragraph to a meeting of the S4C Board include references to a meeting of any of its committees.

8

The validity of any proceedings of S4C or the S4C Board is not affected by—

(a) any vacancy among the members of the S4C Board,

(b) any defect in the appointment of a member of the S4C Board, or

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