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

(1) A person providing a programme service to which this section applies must make available in accordance with this section information relating to the programmes to be included in the service to any person (referred to in this section and Schedule 17 to this Act as “the publisher”) wishing to publish in the United Kingdom any such information.

(2) The duty imposed by subsection (1) is to make available information as to the titles of the programmes which are to be, or may be, included in the service on any date, and the time of their inclusion, to any publisher who has asked the person providing the programme service to make such information available to him and reasonably requires it.

(3) Information to be made available to a publisher under this section is to be made available as soon after it has been prepared as is reasonably practicable but, in any event—

(a) not later than when it is made available to any other publisher, and

(b) in the case of information in respect of all the programmes to be included in the service in any period of seven days, not later than the beginning of the preceding period of fourteen days, or such other number of days as may be prescribed by the Secretary of State by order.

(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The duty imposed by subsection (1) is not satisfied by providing the information on terms, other than terms as to copyright, prohibiting or restricting publication in the United Kingdom by the publisher.

(6) Schedule 17 applies to any information or future information which the person providing a programme service to which this section applies is or may be required to make available under this section.

(7) For the purposes of this section and that Schedule, the following table shows the programme services to which the section and Schedule apply and the persons who provide them or are to be treated as providing them.

Programme service	Provider of service
Services other than services under the Act	Services other than services under the Act
Television and national radio services provided by the BBC for reception in the United Kingdom	The BBC
Services under the Act	Services under the Act
Television programme services subject to regulation by OFCOM	The person licensed to provide the service
The public television services of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003)	S4C
Any national service (see section 126(1) ) subject to regulation by OFCOM , any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by OFCOM	The person licensed to provide the service
Services provided during interim period only	Services provided during interim period only
Television broadcasting services provided by the Independent Television Commission in accordance with Schedule 11, other than Channel 4	The programme contractor
Channel 4, as so provided	The body corporate referred to in section 12(2) of the Broadcasting Act 1981

(8) This section does not require any information to be given about any advertisement.

Part X — Miscellaneous and General

Foreign satellite services

Orders proscribing unacceptable foreign satellite services

177

(1) Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.

(2) If OFCOM consider that the quality of any foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.

(3) OFCOM shall not consider a foreign satellite service to be unacceptable for the purposes of subsection (2) unless they are satisfied that there is repeatedly contained in programmes included in the service matter which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling.

(4) Where the Secretary of State has been notified under subsection (2), he shall not make an order under this section unless he is satisfied that the making of the order—

(a) is in the public interest; and

(b) is compatible with any international obligations of the United Kingdom.

(5) An order under this section—

(a) may make such provision for the purpose of identifying a particular foreign satellite service as the Secretary of State thinks fit; and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section and section 178—

“foreign satellite service” means— a service which—consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom,does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), andis not provided by the BBC or S4C, or a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom;

Offence of supporting proscribed foreign satellite services

178

(1) This section applies to any foreign satellite service which is proscribed for the purposes of this section by virtue of an order under section 177; and references in this section to a proscribed service are references to any such service.

(2) Any person who in the United Kingdom does any of the acts specified in subsection (3) shall be guilty of an offence.

(3) Those acts are—

(a) supplying any equipment or other goods for use in connection with the operation or day-to-day running of a proscribed service;

(b) supplying, or offering to supply, programme material to be included in any programme transmitted in the provision of a proscribed service;

(d) advertising, by means of programmes transmitted in the provision of a proscribed service, goods supplied by him or services provided by him;

(e) publishing the times or other details of any programmes which are to be transmitted in the provision of a proscribed service or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote a proscribed service (whether directly or indirectly);

(f) supplying or offering to supply any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted in the provision of a proscribed service.

(4) In any proceedings against a person for an offence under this section, it is a defence for him to prove that he did not know, and had no reasonable cause to suspect, that the service in connection with which the act was done was a proscribed service.

(5) A person who is guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(6) For the purposes of this section a person exposing decoding equipment for supply or having such equipment in his possession for supply shall be deemed to offer to supply it.

(7) Section 46 of the Consumer Protection Act 1987 shall have effect for the purpose of construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of any goods.

(8) In this section “programme material” includes—

(a) a film (within the meaning of Part I of the Copyright, Designs and Patents Act 1988);

(b) any other recording; and

Unauthorised decoders

Unauthorised decoders for encrypted services etc

179

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 299 of the Act of 1988 (fraudulent reception of programmes broadcast from countries or territories outside the United Kingdom)—

(a) subsection (2) shall cease to have effect; and

(b) in subsection (5), after “297” there shall be inserted “ , 297A ”.

Television licensing

Transfer to BBC of functions connected with television licences

180

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Certain apparatus to be deemed to be apparatus for wireless telegraphy

181

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Listed events

Certain events not to be shown on pay-per-view terms

182

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Gaelic television programmes

Financing of programmes in Gaelic out of Gaelic Television Fund

183

(1) The Scottish Ministers must, for each financial year, pay to OFCOM such amount as they may determine to be appropriate for the purposes of this section.

(2) Any amount received by OFCOM under subsection (1) shall be carried by them to the credit of a fund established by the Independent Television Commission under this section and known as the Gaelic Broadcasting Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of OFCOM).

(3) The Fund shall be under the management of a body established for the purposes of this section ...

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.

(4A) In carrying out their functions, the Service may finance, or engage in, any of the following—

(a) the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;

(b) the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;

(c) research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.

(4B) But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—

(a) a Channel 3 service;

(b) Channel 4;

(d) a national sound broadcasting service;

(e) a national digital sound programme service; or

(f) a television multiplex service or a radio multiplex service.

(5) When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section, section 183A and Schedule 19—

“Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1;

“national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

“national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section;

“Gaelic” means the Gaelic language as spoken in Scotland;

“programme” includes any item included in a programme service;

“radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

“the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service);

“television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996;

and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.

Broadcasting of programmes in Gaelic on Channel 3 in Scotland

184

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National television archive

Contributions towards maintenance of national television archive

185

(1) OFCOM shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 , Channel 4 and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.

(2) In this section “the nominated body” means such body as may for the time being be nominated by OFCOM for the purposes of this section, being a body which—

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

(b) appears to OFCOM to be in a position to maintain a national television archive.

(3) A Channel 3 , Channel 4 or Channel 5 licence shall include conditions requiring the licence holder to pay to OFCOM , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).

(4) Any amount received by OFCOM by virtue of subsection (3) shall be transmitted by them to the nominated body.

(5) In this section—

“Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.

“Channel 4 licence” means—the licence referred to in section 231(1)(b) of the Communications Act 2003; anda licence renewing that licence on the first or any subsequent occasion.

Duties of BBC as respects independent productions

Duty of BBC to include independent productions in their television services

186

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

187

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to give directions relating to international obligations

Power to give broadcasting bodies etc. directions relating to international obligations

188

(1) A body to which this section applies shall carry out any functions which the Secretary of State may by order direct them to carry out for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any international obligations of the United Kingdom.

(2) This section applies to—

(a) the BBC;

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Matters relating to telecommunication systems

189

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Modification of certain references in Telecom- munications Act licences

190

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Revocation of class licence to run broadcast relay systems

191

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Application of competition legislation

Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services

192

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Modification of networking arrangements in consequence of reports under competition legislation

193

(1) Where the relevant authority makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2) In subsection (1) “relevant order” means—

(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or

(ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or

(b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.

(2A) In subsection (1), “relevant authority” means—

(a) in relation to a relevant order falling within subsection (2)(a), the Competition and Markets Authority or (as the case may be) the Secretary of State;

(b) in relation to a relevant order falling within subsection (2)(b), the Competition and Markets Authority, the Secretary of State or (as the case may be) OFCOM.

(3) Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

(4) In this section —

“networking arrangements” means any such arrangements as are mentioned in section 290(4) of the Communications Act 2003; and

“regional Channel 3 service” has the meaning given by section 14(6) above.

Restrictive Trade Practices Act 1976 not to apply to networking arrangements

194

General

Offences by bodies corporate

195

(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, then 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.

Entry and search of premises

196

(1) If a justice of the peace is satisfied by information on oath—

(a) that there is reasonable ground for suspecting that an offence under section 13 ... or 97 has been or is being committed on any premises specified in the information, and

(b) that evidence of the commission of the offence is to be found on those premises,

he may grant a search warrant conferring power on any person or persons authorised in that behalf by OFCOM to enter and search the premises specified in the information at any time within one month from the date of the warrant.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

(4) A person who discloses, otherwise than for the purposes of any legal proceedings or of a report of any such proceedings, any information obtained by means of an exercise of powers conferred by this section shall be guilty of an offence and liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(5) In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.

(6) In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to a complaint on oath.

Restriction on disclosure of information

197

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Financial provisions

198

(1) There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

Notices

199

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any notice served by OFCOM under section 21, 41, 42, 55, 97B, 103, 105A, 109, 110, 111 or 120 shall be published in such manner as that body consider appropriate, and shall be so published as soon as reasonably practicable after it is served.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and orders

200

(1) Any power of the Secretary of State to make regulations or an order under this Act shall be exercisable by statutory instrument.

(2) Any regulations or order made by the Secretary of State under this Act may make—

(a) different provision for different cases; and

(b) such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

Programme services

201

(1) In this Act “programme service” means any of the following services (whether or not it is, or it requires to be, licensed ...), namely—

(aa) any service which is a programme service within the meaning of the Communications Act 2003;

(c) any other service which consists in the sending, by means of an electronic communications network (within the meaning of the Communications Act 2003) , of sounds or visual images or both either—

(i) for reception at two or more places in the United Kingdom (whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service); or

(ii) for reception at a place in the United Kingdom for the purpose of being presented there to members of the public or to any group of persons.

(2A) Subsection (1)(c) does not apply to so much of a service consisting only of sound programmes as—

(a) is a two-way service (within the meaning of section 248(4) of the Communications Act 2003);

(b) satisfies the conditions in section 248(5) of that Act; or

(c) is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 248(7) of that Act.

(2B) Subsection (1)(c) does not apply to so much of a service not consisting only of sound programmes as—

(a) is a two-way service (within the meaning of section 232 of the Communications Act 2003);

(b) satisfies the conditions in section 233(5) of that Act; or

(c) is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 233(7) of that Act.

General interpretation

202

(1) In this Act (unless the context otherwise requires)—

“advertising agent” shall be construed in accordance with subsection (7);

“the BBC” means the British Broadcasting Corporation;

“a BBC company” means—any body corporate which is controlled by the BBC, orany body corporate in which the BBC or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);

“body”, without more, means a body of persons whether incorporated or not, and includes a partnership;

“broadcast” means broadcast by wireless telegraphy;

“a Channel 4 company” means—any body corporate which is controlled by the Channel Four Television Corporation, orany body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);

“connected”, in relation to any person, shall be construed in accordance with paragraph 3 in Part I of Schedule 2;

“control”, in relation to a body, has the meaning given by paragraph 1(1) in that Part of that Schedule;

“dwelling-house” includes a hotel, inn, boarding-house or other similar establishment;

“EEA Agreement” and “EEA State” have the meaning given by Schedule 1 to the Interpretation Act 1978;

“financial year” shall be construed in accordance with subsection (2);

“frequency” includes frequency band;

“modifications” includes additions, alterations and omissions;

“OFCOM” means the Office of Communications;

“pension scheme” means a scheme for the payment of pensions, allowances or gratuities;

“product placement” has the meaning given by paragraph 1 of Schedule 11A to the Communications Act 2003;

“programme” includes an advertisement and, in relation to any service, includes any item included in that service;

“S4C”, except in the phrases “S4C company”, “S4C Digital”, “S4C entity” and “S4C subsidiary undertaking”, means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1);

“an S4C company” means—any body corporate which is controlled by S4C, orany body corporate in which S4C or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);

“the Welsh Authority” means the authority renamed Sianel Pedwar Cymru by section 56(1);

“wireless telegraphy” and “wireless telegraphy station” each has the same meaning as in the Wireless Telegraphy Act 2006.

(2) In any provision of—

(a) . . .

(b) Schedule ..., 2, 3, 6, ..., . . . or 19,

“financial year” means a financial year of the body with which that provision is concerned; and in any other provision of this Act “financial year” means the twelve months ending with 31st March.

(3) In this Act—

(a) references to pensions, allowances or gratuities include references to like benefits to be given on death or retirement; and

(b) any reference to the payment of pensions, allowances or gratuities to or in respect of any persons includes a reference to the making of payments towards provision for the payment of pensions, allowances or gratuities to or in respect of those persons.

(4) Any reference in this Act (however expressed) to a licence under this Act being in force is a reference to its being in force so as to authorise the provision under the licence of the licensed service; and any such reference shall accordingly not be construed as prejudicing the operation of any provisions of such a licence which are intended to have effect otherwise than at a time when the licensed service is authorised to be so provided.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) It is hereby declared that, for the purpose of determining for the purposes of any provision of this Act whether a service is—

(a) ... capable of being received, within the United Kingdom or elsewhere, or

(b) for reception at any place or places, or in any area, in the United Kingdom,

the fact that the service has been encrypted to any extent shall be disregarded.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any reference in this Act, in relation to a service consisting of programmes transmitted by satellite—

(a) to a person by whom the programmes are transmitted, or

(b) to a place from which the programmes are transmitted,

is a reference to a person by whom, or a place from which, the programmes are transmitted to the satellite by means of which the service is provided.

(6A) Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.

(7) For the purposes of this Act—

(a) a person shall not be regarded as carrying on business as an advertising agent, or as acting as such an agent, unless he carries on a business involving the selection and purchase of advertising time or space for persons wishing to advertise;

(b) a person who carries on such a business shall be regarded as carrying on business as an advertising agent irrespective of whether in law he is the agent of those for whom he acts;

(c) a person who is the proprietor of a newspaper shall not be regarded as carrying on business as an advertising agent by reason only that he makes arrangements on behalf of advertisers whereby advertisements appearing in the newspaper are also to appear in one or more other newspapers;

(d) a company or other body corporate shall not be regarded as carrying on business as an advertising agent by reason only that its objects or powers include or authorise that activity.

Consequential and transitional provisions

203

(1) The enactments mentioned in Schedule 20 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) Unless the context otherwise requires, in any enactment amended by this Act—

“programme”, in relation to a programme service, includes any item included in that service; and

“television programme” includes a teletext transmission.

(3) The enactments mentioned in Schedule 21 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(4) The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

Short title, commencement and extent

204

(1) This Act may be cited as the Broadcasting Act 1990.

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

(3) Subject to subsections (4) and (5), this Act extends to the whole of the United Kingdom.

(4) In Part VII—

(a) section 162 and Schedule 15 extend to England and Wales only;

(b) section 163 extends to Scotland only;

(d) section 165 extends to Northern Ireland only.

(5) The amendments and repeals in Schedules 20 and 21 have the same extent as the enactments to which they refer.

(6) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such modifications, if any, as appear to Her Majesty to be appropriate.

SCHEDULE 1

Status and capacity

1

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Appointment of members

2

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Tenure of office

3

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Remuneration and pensions of members

4

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

5

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Proceedings

6

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7

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

8

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

Employees of the Commission

9

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

Authentication of Commission’s seal

10

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

Presumption of authenticity of documents issued by Commission

11

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

Finances of Commission

12

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

Advances to Commission

13

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

Accounts and audit

14

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

Annual reports

15

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

Advisory committees

16

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

SCHEDULE 2

Part I — General

1

(1) In this Schedule—

“the 1996 Act” means the Broadcasting Act 1996;

“advertising agency” means an individual or a body corporate who carries on business as an advertising agent (whether alone or in partnership) or has control over any body corporate which carries on business as an advertising agent, and any reference to an advertising agency includes a reference to an individual who—is a director or officer of any body corporate which carries on such a business, oris employed by any person who carries on such a business;

“associate”—in relation to a body corporate, shall be construed in accordance with paragraph (1A), andin relation to an individual, shall be construed in accordance with sub-paragraph (2);

“Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;

“control”—in relation to a body corporate, shall be construed in accordance with sub-paragraph (3), andin relation to any body other than a body corporate, means the power of a person to secure, by whatever means and whether directly or indirectly, that the affairs of the first-mentioned body are conducted in accordance with the wishes of that person;

“equity share capital” has the same meaning as in the Companies Acts (see section 548 of the Companies Act 2006);

“local authority”—in relation to England . . ., means any of the following, that is to say, the council of a county, district or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;in relation to Wales, means a county council or county borough council;in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; andin relation to Northern Ireland, means a district council;

“participant”, in relation to a body corporate, means a person who holds or is beneficially entitled to shares in that body or who possesses voting power in that body.

(1A) For the purpose of determining the persons who are the associates of a body corporate for the purposes of this Schedule—

(a) an individual shall be regarded as an associate of a body corporate if he is a director of that body corporate, and

(b) a body corporate and another body corporate shall be regarded as associates of each other if one controls the other or if the same person controls both.

(2) For the purpose of determining the persons who are an individual’s associates for the purposes of this Schedule, the following persons shall be regarded as associates of each other, namely—

(a) any individual and that individual’s husband or wife or civil partner and any relative, or husband or wife or civil partner of a relative, of that individual or of that individual’s husband or wife or civil partner;

(b) any individual and any body corporate of which that individual is a director;

(c) any person in his capacity as trustee of a settlement and the settlor or grantor and any person associated with the settlor or grantor;

(d) persons carrying on business in partnership and the husband or wife or civil partner and relatives of any of them;

(e) any two or more persons acting together to secure or exercise control of a body corporate or other association or to secure control of any enterprise or assets;

and in this sub-paragraph “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild or illegitimate child of any person, or anyone adopted by a person, whether legally or otherwise, as his child, being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a wife or husband shall include a former wife or husband and a reputed wife or husband and references to a civil partner shall include a former civil partner and a reputed civil partner.

(3) For the purposes of this Schedule a person controls a body corporate if—

(a) he holds, or is beneficially entitled to, more than 50 per cent. of the equity share capital in the body, or possesses more than 50 per cent. of the voting power in it, or

(b) although he does not have such an interest in the body, it is reasonable, having regard to all the circumstances, to expect that he would (if he chose to) be able in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of the body are conducted in accordance with his wishes; or

(c) he holds, or is beneficially entitled to, 50 per cent. of the equity share capital in that body, or possesses 50 per cent. of the voting power in it, and an arrangement exists between him and any other participant in the body as to the manner in which any voting power in the body possessed by either of them is to be exercised, or as to the omission by either of them to exercise such voting power.

(3A) For the purposes of sub-paragraph (3)(c)—

(a) “arrangement” includes any agreement or arrangement, whether or not it is, or is intended to be, legally enforceable, and

(b) a person shall be treated—

(i) as holding, or being beneficially entitled to, any equity share capital which is held by a body corporate which he controls or to which such a body corporate is beneficially entitled, and

(ii) as possessing any voting power possessed by such a body corporate.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of any provision of this Schedule which refers to a body controlled by two or more persons or bodies of any description taken together, the persons or bodies in question shall not be regarded as controlling the body by virtue of paragraph (b) of sub-paragraph (3) unless they are acting together in concert.

(6) In this Schedule any reference to a participant with more than a 5 per cent. interest in a body corporate is a reference to a person who—

(a) holds or is beneficially entitled to more than 5 per cent. of the shares in that body, or

(b) possesses more than 5 per cent. of the voting power in that body.

(7) Sub-paragraph (6) shall have effect subject to the necessary modifications in relation to other references in this Schedule—

(a) to an interest of more than a specified percentage in a body corporate, or

(b) to an interest of a specified percentage or more in a body corporate.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

(1) Subject to sub-paragraph (1A)Any reference in paragraph 1 above to a person—

(a) holding or being entitled to shares, or any amount of the shares or equity share capital, in a body corporate, or

(b) possessing voting power, or any amount of the voting power, in a body corporate,

is a reference to his doing so, or being so entitled, whether alone or jointly with one or more other persons and whether directly or through one or more nominees.

(1A) For the purposes of this Schedule, a person’s holding of shares, or possession of voting power, in a body corporate shall be disregarded if, or to the extent that—

(a) he holds the shares concerned—

(i) as a nominee,

(ii) as a custodian (whether under a trust or by a contract), or

(iii) under an arrangement pursuant to which he has issued, or is to issue, depositary receipts, ... in respect of the shares concerned, and

(b) he is not entitled to exercise or control the exercise of voting rights in respect of the shares concerned.

(1AA) In sub-paragraph (1A)(a)(iii), “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

(a) which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular body corporate; and

(b) which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a).

(1B) For the purposes of sub-paragraph (1A)(b)—

(a) a person is not entitled to exercise or control the exercise of voting rights in respect of shares if he is bound (whether by contract or otherwise) not to exercise the voting rights, or not to exercise them otherwise than in accordance with the instructions of another, and

(b) voting rights which a person is entitled to exercise or of which he is entitled to control the exercise only in certain circumstances shall be taken into account only when those circumstances have arisen and for as long as they continue to obtain.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

For the purposes of this Schedule the following persons shall be treated as connected with a particular person—

(a) a person who controls that person,

(b) an associate of that person or of a person falling within paragraph (a), and

4

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

Part II — Disqualification for Holding Licences

General disqualification of non-EEC nationals and bodies having political connections

1

(1) Subject to sub-paragraph (1A), the following persons are disqualified persons in relation to a Broadcasting Act licence—

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

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

(d) a body whose objects are wholly or mainly of a political nature;

(e) a body affiliated to a body falling within paragraph (d);

(f) an individual who is an officer of a body falling within paragraph (d) or (e);

(g) a body corporate which is an associate of a body corporate falling within paragraph (d) or (e);

(h) a body corporate in which a body falling within any of paragraphs (c) to (e) and (g) is a participant with more than a 5 per cent. interest;

(hh) a body corporate which is controlled by a body corporate falling within paragraph (h);

(i) a body which is controlled by a person falling within any of paragraphs (c) to (g) or by two or more such persons taken together; and

(j) a body corporate in which a body falling within paragraph (i), other than one which is controlled—

(i) by a person falling within paragraph ... (f), or

(ii) by two or more such persons taken together,

is a participant with more than a 5 per cent. interest.

(1A) Where a service is provided exclusively for the purposes of the carrying out of the functions of a local authority under section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities), a person is disqualified by virtue of sub-paragraph (1) in relation to a licence to provide that service only if he would be so disqualified disregarding paragraph (c) of that sub-paragraph.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification of religious bodies

2

(1) The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)—

(a) a body whose objects are wholly or mainly of a religious nature;

(b) a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together;

(d) a body corporate which is an associate of a body corporate falling within paragraph (a), (b) or (c);

(e) a body corporate in which a body falling within any of paragraphs (a) to (d) is a participant with more than a 5 per cent. interest;

(f) an individual who is an officer of a body falling within paragraph (a); and

(g) a body which is controlled by an individual falling within paragraph (f) or by two or more such individuals taken together.

(1A) A licence falls within this sub-paragraph if it is—

(a) a Channel 3 licence;

(b) a Channel 5 licence;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) an additional television service licence;

(f) a television multiplex licence; or

(g) a radio multiplex licence.

(1B) In this paragraph—

“additional television service licence” means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;

“Channel 3 licence” and “Channel 5 licence” each has the same meaning as in Part 1 of this Act;

“national sound broadcasting licence” means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);

“radio multiplex licence” means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and

“television multiplex licence” means a licence under Part 1 of the Broadcasting Act 1996 to provide a multiplex service within the meaning of that Part.

Disqualification of publicly-funded bodies for radio service licences

3

(1) The following persons are disqualified persons in relation to any licence granted under Part 3 of this Act or Part 2 of the Broadcasting Act 1996 other than a licence to provide a restricted service—

(a) a body (other than a local authority, S4C or the BBC) which has, in its last financial year, received more than half its income from public funds;

(b) a body which is controlled by a body falling within paragraph (a) or by two or more such bodies taken together; and

(c) a body corporate in which a body falling within paragraph (a) or (b) is a participant with more than a 5 per cent. interest.

(2) For the purposes of sub-paragraph (1)(a) money is received from public funds if it is paid—

(a) by a Minister of the Crown out of money provided by Parliament or out of the National Loans Fund;

(b) by a Northern Ireland department out of the Consolidated Fund of Northern Ireland or out of money appropriated by Measure of the Northern Ireland Assembly; or

(c) by a body which itself falls within sub-paragraph (1)(a), including a body which falls within that provision by virtue of this paragraph;

but, in each case, there shall be disregarded any money paid as consideration for the acquisition of property or the supply of goods or services or as remuneration, expenses, pensions, allowances or similar benefits for or in respect of a person as the holder of an office.

General disqualification on grounds of undue influence

4

(1) A person is a disqualified person in relation to a Broadcasting Act licence if in the opinion of OFCOM—

(a) any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the activities of that person, and

(b) that influence has led, is leading or is likely to lead to results which are adverse to the public interest.

(2) In sub-paragraph (1) “relevant body”—

(a) in relation to a licence granted under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) above or a body which is controlled—

(i) by a person falling within paragraph 1(1)(c) to (g) above, or

(ii) by two or more such persons taken together; and

(b) in relation to a licence granted under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) or 3 above or a body which is controlled .

(i) by a person falling within paragraph 1(1)(c) to (g) above;

(ii) by a person falling within paragraph 3 above; or

(iii) by two or more persons taken together each of whom falls within sub-paragraph (i) or (ii) (whether or not they all fall within the same sub-paragraph).

General disqualification of broadcasting bodies

5

The following persons are disqualified persons in relation to a Broadcasting Act licence —

(a) the BBC;

(b) S4C;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General disqualification of advertising agencies

6

The following persons are disqualified persons in relation to a Broadcasting Act licence—

(a) an advertising agency;

(b) an associate of an advertising agency;

(c) any body which is controlled by a person falling within sub-paragraph (a) or (b) or by two or more such persons taken together;

(d) any body corporate in which a person falling within any of sub-paragraphs (a) to (c) is a participant with more than a 5 per cent. interest.

Part III. — Restrictions to Prevent Accumulations of Interests in Licensed Services

Preliminary

1

(1) In this Part of this Schedule “relevant services” means any such services as are mentioned in sub-paragraphs (2) and (3) and, for the purposes of this Part, relevant services shall (subject to paragraphs 2(1) and 5(1) below) be divided into the twelve categories specified in those sub-paragraphs.

(2) In the case of services licensed by the Commission, the categories are—

(a) regional and national Channel 3 services and Channel 5;

(b) domestic satellite services;

(d) licensable programme services;

(e) additional services (within the meaning of Part I of this Act); and

(f) local delivery services.

(3) In the case of services licensed by the Authority, the categories are—

(a) national radio services;

(b) local radio services;

(d) satellite radio services;

(e) licensable sound programme services; and

(f) additional services (within the meaning of Part III of this Act).

(4) References in this Part to national, local, restricted or satellite radio services are references to national, local, restricted or satellite services within the meaning of Part III of this Act.

Limits on the holding of licences to provide particular categories of services

2

(1) Subject to sub-paragraph (3), the maximum number of licences which may at any time be held by any one person to provide relevant services falling within each of the following categories shall be—

(a) two in the case of regional Channel 3 services;

(b) one in the case of national Channel 3 services;

(d) one in the case of national radio services;

(e) Thirty-five in the case of local radio services; and

(f) six in the case of restricted radio services.

(2) The Secretary of State may, in the case of any category of relevant services not falling within sub-paragraph (1), by order prescribe the maximum number of licences which may at any time be held by any one person to provide relevant services falling within that category.

(3) The Secretary of State may by order—

(a) amend sub-paragraph (1) by substituting a different limit for any limit for the time being specified there;

(b) impose, in relation to any category of relevant services specified in or under sub-paragraph (1) or (2), limits on the holding of licences to provide relevant services falling within that category which are additional to any limits specified in or under that sub-paragraph and are framed—

(i) by reference to any specified circumstances relating to the holders of the licences in question or to the services to be provided under them, or

(ii) (in the case of licences granted by the Commission) by reference to matters determined by them under the order.

(4) Without prejudice to the generality of sub-paragraph (3)(b), an order made in pursuance of that provision may impose on the holder of a licence to provide any specified category of relevant services limits framed (directly or indirectly) by reference to either or both of the following matters, namely—

(a) the number of licences of any one or more specified descriptions which are held by him or by any body controlled by him; and

(b) his participation, to any specified extent, in any body corporate which is the holder of any licence or licences of any one or more such descriptions.

(5) Where a person holds a licence to provide a local radio service which, in accordance with section 86(2), authorises the provision of a multichannel service, he shall be treated for the purposes of sub-paragraph (1) as holding such number of licences to provide local radio services as corresponds to the number of channels on which the service may be provided.

(6) Where a person holds—

(a) a licence to provide a domestic satellite service,

(b) a licence to provide a non-domestic satellite service, or

which, in accordance with section 44(2), 45(3) or 86(2), authorises the provision of a multichannel service, he shall be treated for the purposes of any order under sub-paragraph (2) as holding such number of licences to provide domestic satellite services, non-domestic satellite services or (as the case may be) satellite radio services as corresponds to the number of channels on which the service may be provided.

(7) In this paragraph—

(a) “multichannel service” means a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies; and

(b) any reference to the number of channels on which such a service may be provided is a reference to the number of different frequencies involved.

(8) For the purposes of—

(a) sub-paragraphs (1), (5) and (6), and

(b) any order under sub-paragraph (2),

a person shall be treated as holding a licence if the licence is held by a person connected with him.

Limits on the holding of licences to provide different categories of services

3

Where any restriction is imposed by or under paragraph 5 or 6 below on the holder of a particular kind of licence in relation to participation in a body corporate which is the holder of another kind of licence, any person who holds one of those kinds of licence shall not also hold the other kind of licence.

Limits on participation by holders of licences in bodies licensed to provide services of same category

4

The Secretary of State may by order prescribe restrictions on the extent to which the holder of a licence to provide a relevant service falling within a particular category may be a participant—

(a) in a body corporate which is the holder of another licence to provide a relevant service falling within that category, or

(b) in two or more such bodies corporate.

Special rules relating to participation by holders of television broadcasting licences

5

(1) For the purposes of paragraph 4 above and this paragraph the services specified in paragraph 1(2)(a) above shall be divided into the following three categories—

(a) regional Channel 3 services;

(b) national Channel 3 services; and

(2) Where a person is the holder of a licence to provide a service falling within one of those categories, he shall not be a participant with more than a 20 per cent. interest in any body corporate which is the holder of a licence to provide a service falling within either of the other two categories.

(3) The Secretary of State may by order—

(a) amend sub-paragraph (2) by substituting a different percentage for the percentage for the time being specified there;

(b) prescribe restrictions on the extent to which the holder of a licence to provide a service falling within one of the categories specified in sub-paragraph (1) may be a participant in two or more bodies corporate which are the holders of licences to provide services falling within either of the other two categories so specified.

Limits on participation by holders of licences in bodies licensed to provide services of different category

6

(1) Where a person is the holder of a licence to provide a relevant service falling within one of the categories specified in sub-paragraph (2)(a) or (b) or (3)(a) of paragraph 1 above, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within either of the other categories so specified.

(2) Subject to sub-paragraphs (3) and (4), where a person—

(a) is the holder of a licence to provide a non-domestic satellite service, or

(b) provides a satellite television service (other than a non-domestic satellite service) which is provided on a non-allocated frequency and appears to the Commission to be intended for general reception in the United Kingdom (whether or not it appears to them to be also intended for such reception elsewhere),

he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within one of the categories referred to in sub-paragraph (1); and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of such a licence as is mentioned in paragraph (a) above or which provides such a service as is mentioned in paragraph (b) above.

(3) In sub-paragraph (2)—

“non-allocated frequency” means a frequency other than one allocated to the United Kingdom for broadcasting by satellite, and

“satellite television service” means a service consisting in the transmission of television programmes by satellite;

and a service shall be disregarded for the purposes of paragraph (a) or (b) of that sub-paragraph if the programmes included in the service are at all times the same as those which are for the time being broadcast in a Channel 3 service or on Channel 5.

(4) Nothing in sub-paragraph (2) shall impose any restriction—

(a) on the extent to which an excluded licensee may be a participant in a body corporate which is the holder of a licence to provide a domestic satellite service, or

(b) on the extent to which the holder of such a licence may be a participant in a body corporate which is an excluded licensee;

and for this purpose “excluded licensee” means a person who is the holder of a licence to provide a non-domestic satellite service and—

(i) is licensed under section 7 of the Telecommunications Act 1984 to provide a specialised satellite service, and

(ii) is so licensed (or, as the case may be, was first so licensed) by virtue of a licence granted under that section before the commencement of sub-paragraph (2), and

(iii) is not connected with any other person who is the holder of a licence to provide a non-domestic satellite service.

(5) Where a person is the holder of a licence to provide a satellite radio service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within sub-paragraph (2)(a) or (3)(a) of paragraph 1 above; and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a satellite radio service.

(6) Where a person is the holder of a licence to provide a satellite radio service which is provided on any frequency allocated to the United Kingdom for broadcasting by satellite (“a domestic licence”), he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a satellite radio service which is not provided on any such frequency (“a non-domestic licence”); and, where a person is the holder of a non-domestic licence, he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a domestic licence.

(7) Where a person is the holder of a licence to provide a relevant service falling within one of the categories specified—

(a) in sub-paragraph (2)(f) or (3)(b) of paragraph 1 above, or

(b) in paragraph 5(1)(a) above,

he shall not be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant service falling within either of the other categories so specified if each of the services in question is provided for an area which is to a significant extent the same as that for which the other is provided.

(8) The Secretary of State may by order prescribe restrictions—

(a) on the extent to which—

(i) the holder of a relevant national or satellite licence, or

(ii) a person providing such a service as is mentioned in sub-paragraph (2)(b),

may be a participant in a body corporate which is the holder of a relevant local licence, or in two or more such bodies corporate, and

(b) on the extent to which the holder of a relevant local licence may be a participant in a body corporate which—

(i) is the holder of a relevant national or satellite licence, or

(ii) provides such a service as is mentioned in sub-paragraph (2)(b),

or in two or more such bodies corporate.

(9) In sub-paragraph (8)—

“relevant local licence” means a licence to provide a relevant service falling within either of the categories specified in paragraph 1(2)(f) or (3)(b) above; and

“relevant national or satellite licence” means a licence to provide a relevant service falling within one of the categories specified—

(a) in paragraph 1(2)(b) or (c) or (3)(a) or (d) above, or

(b) in paragraph 5(1)(b) or (c) above.

(10) The Secretary of State may by order amend any of sub-paragraphs (1), (2) and (5) to (7) by substituting a different percentage for the percentage for the time being specified there.

Limits on participation in bodies holding licences to extend to participation in bodies controlling such bodies

7

(1) Any restriction imposed by or under paragraph 4, 5 or 6 above on participation—

(a) in a body corporate which is the holder of a particular kind of licence, or

(b) in two or more such bodies,

shall apply equally to participation—

(i) in a body corporate which controls the holder of such a licence, or

(ii) in two or more bodies corporate each of which controls the holder of such a licence,

as the case may be.

(2) Any restriction imposed under paragraph 6(8)(b) above on participation in a body corporate providing such a service as is mentioned in paragraph 6(2)(b) shall apply equally to participation in a body corporate which controls a body providing such a service.

Attribution of interests of connected persons

8

(1) Any restriction on participation imposed by or under paragraph 4, 5 or 6 above—

(a) on the holder of a licence, or

(b) on a person providing such a service as is mentioned in paragraph 6(2)(b),

shall apply to him as if he and every person connected with him were one person.

(2) For the purposes of this paragraph and paragraph 9 below the following persons shall be treated as connected with a person providing such a service as is mentioned in paragraph 6(2)(b), namely—

(a) a person who controls that person;

(b) an associate of that person or of a person falling within paragraph (a); and

Restrictions imposed by orders

9

(1) Without prejudice to the generality of paragraph 4 or 6(8) above, an order made in pursuance of that provision may impose restrictions framed by reference to the number of bodies corporate in which the holder of a licence, or any person connected with him, is a participant, and an order made in pursuance of paragraph 6(8)(a)(ii) may impose restrictions framed by reference to the number of bodies corporate in which a person providing such a service as is mentioned in paragraph 6(2)(b), or any person connected with him, is a participant.

(2) Paragraph 8(2) above applies for the purposes of this paragraph.

Power to impose restrictions on participation by persons other than licence holders

10

(1) Where, by virtue of any provision of this Part of this Schedule, any restriction applies in relation to participation in any body or bodies corporate of a particular description, the Secretary of State may by order provide for further restrictions to apply in relation to participation in any such body or bodies corporate, being restrictions which—

(a) are imposed on persons to whom the first-mentioned restriction does not apply, and

(b) are framed by reference to the number of bodies corporate in which such persons, or persons connected with them, are participants.

(2) For the purposes of this paragraph the following persons shall be treated as connected with a particular person, namely—

(a) a person who controls that person;

(b) an associate of that person or of a person falling within paragraph (a); and

Part IV — Restrictions on Controlling Interests in Both Newspapers and Licensed Services

Preliminary

1

(1) In this Part of this Schedule references to a national or local newspaper are (subject to sub-paragraph (2)) references to a national or local newspaper circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom.

(2) The relevant authority may determine that a newspaper which would not otherwise be a national or local newspaper for the purposes of this Part of this Schedule shall be treated as a national or (as the case may be) a local newspaper for the purposes of any particular restriction imposed by or under this Part of this Schedule if it appears to them to be appropriate for the newspaper to be so treated having regard to its circulation or influence in the United Kingdom or (as the case may be) in a part of the United Kingdom; and in this sub-paragraph “the relevant authority”—

(a) in relation to a restriction having effect in relation to any licence which may be granted by the Commission, means the Commission; and

(b) in relation to a restriction having effect in relation to any licence which may be granted by the Radio Authority, means that Authority.

(3) For the purposes of this Part of this Schedule the following persons are connected with each other in relation to a particular national or local newspaper, namely—

(a) the proprietor of the newspaper;

(b) a person who controls the proprietor;

(d) a body which is controlled by the proprietor or by an associate of the proprietor.

(4) Any reference in this Part of this Schedule, in relation to a local newspaper, to a relevant local radio service or a relevant local delivery service is a reference to a local radio service or a local delivery service which serves an area which is to a significant extent the same as that served by the newspaper.

(5) Paragraph 1(4) in Part III of this Schedule shall have effect for the purposes of this Part of this Schedule as it has effect for the purposes of Part III.

Restrictions on proprietors of newspapers

2

(1) Subject to sub-paragraph (2), no proprietor of a national or local newspaper shall be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide—

(a) a Channel 3 service or Channel 5, or

(b) a national radio service.

(2) Sub-paragraph (1) shall not impose any restriction on the proprietor of a local newspaper as respects participation in a body corporate which is the holder of a licence to provide a regional Channel 3 service except where the newspaper and the service each serve an area which is to a significant extent the same as that served by the other.

(3) No person who—

(a) is the proprietor of a national newspaper, and

(b) is a participant with more than a 5 per cent. interest in a body corporate falling within sub-paragraph (1) (but, in accordance with that sub-paragraph, is not a participant with more than a 20 per cent. interest in it),

shall be a participant with more than a 5 per cent. interest in any other such body corporate.

(4) No person who is the proprietor of a local newspaper shall be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a relevant local radio service or a relevant local delivery service.

(5) The Secretary of State may by order—

(a) amend sub-paragraph (1), (3) or (4) by substituting a different percentage for the percentage for the time being specified there;

(b) prescribe restrictions (in addition to that imposed by sub-paragraph (3)) on the extent to which the proprietor of a national or local newspaper may be a participant in two or more bodies corporate which are the holders of licences to provide services falling within sub-paragraph (1)(a) or (b);

(c) prescribe restrictions on the extent to which the proprietor of a national newspaper may be a participant in a body corporate which is the holder of a licence to provide a relevant service falling within paragraph 1(2)(f) or (3)(b) in Part III of this Schedule, or in two or more such bodies corporate;

(d) prescribe restrictions on the extent to which the proprietor of a local newspaper may be a participant in two or more bodies corporate which are the holders of licences to provide relevant local radio services or relevant local delivery services;

(e) prescribe restrictions on the extent to which a person who is the proprietor of a newspaper of any specified description may be a participant in a body corporate which is the holder of a licence to provide any specified description of service falling within paragraph 1(2)(b) or (c) or (3)(d) in Part III of this Schedule or in two or more such bodies corporate.

(6) Paragraph 7(1) in Part III of this Schedule shall have effect in relation to any restriction imposed by or under this paragraph as it has effect in relation to any restriction imposed by or under paragraph 4, 5 or 6 in Part III.

Restrictions on holders of licences

3

(1) Subject to sub-paragraph (2), no person who is the holder of a licence to provide—

(a) a Channel 3 service or Channel 5, or

(b) a national radio service,

shall be a participant with more than a 20 per cent. interest in a body corporate which runs a national or local newspaper.

(2) Sub-paragraph (1) shall not impose any restriction on the holder of a licence to provide a regional Channel 3 service as respects participation in a body corporate which runs a local newspaper except where the service and the newspaper each serve an area which is to a significant extent the same as that served by the other.

(3) No person who—

(a) is the holder of any such licence as is mentioned in sub-paragraph (1), and

(b) is a participant with more than a 5 per cent. interest in a body corporate which runs a national newspaper (but, in accordance with that sub-paragraph, is not a participant with more than a 20 per cent. interest in it),

shall be a participant with more than a 5 per cent. interest in any other such body corporate.

(4) No person who is the holder of a licence to provide a relevant local radio service or a relevant local delivery service shall be a participant with more than a 20 per cent. interest in a body corporate which runs a local newspaper.

(5) The Secretary of State may by order—

(a) vary sub-paragraph (1), (3) or (4) by substituting a different percentage for the percentage for the time being specified there;

(b) prescribe restrictions (in addition to that imposed by sub-paragraph (3)) on the extent to which the holder of such a licence as is mentioned in sub-paragraph (1) may be a participant in two or more bodies corporate which run national or local newspapers;

(c) prescribe restrictions on the extent to which the holder of a licence to provide a relevant service falling within paragraph 1(2)(f) or (3)(b) in Part III of this Schedule may be a participant in a body corporate which runs a national newspaper, or in two or more such bodies corporate;

(d) prescribe restrictions on the extent to which the holder of such a licence as is mentioned in sub-paragraph (4) may be a participant in two or more bodies corporate which run local newspapers;

(e) prescribe restrictions on the extent to which the holder of a licence to provide any specified description of service falling within paragraph 1(2)(b) or (c) or (3)(d) in Part III of this Schedule may be a participant in a body corporate which runs a national or local newspaper, or in two or more such bodies corporate.

(6) For the purposes of this paragraph a person runs a national or local newspaper if—

(a) he is the proprietor of such a newspaper; or

(b) he controls a body which is the proprietor of such a newspaper.

Attribution of interests of connected persons

4

Any restriction on participation imposed by or under paragraph 2 or 3 above—

(a) on the proprietor of any newspaper, or

(b) on the holder of any licence,

shall apply to him as if he and every person connected with him were one person.

Restrictions imposed by orders

5

Without prejudice to the generality of paragraph 2(5) or 3(5) above, an order made in pursuance of that provision may impose restrictions framed by reference to the number of bodies corporate in which—

(a) the proprietor of a newspaper, or

(b) the holder of a licence,

as the case may be, or any person connected with any such person, is a participant.

Part V — Restriction on Holding of Licences by Operators of Public Telecommunication Systems

The Secretary of State may by order specify categories of licences granted by the Commission or the Authority which may not be held by all or any of the following, namely—

In this paragraph “national public telecommunications operator” means a public telecommunications operator (within the meaning of the Telecommunications Act 1984) who is authorised to run a telecommunication system for the whole, or substantially the whole, of the United Kingdom.

SCHEDULE 3

Status and capacity

1

(1) The Corporation shall be a body corporate.

(2) The Corporation 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) The Corporation may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

(4) The powers of the Corporation under sub-paragraph (3) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

(a) to borrow money;

(b) to carry on activities (other than those comprised in their duty to carry out their Channel 4 functions) through Channel 4 companies; and

(5) In sub-paragraph (4) “Channel 4 functions” means—

(a) securing the continued provision of Channel 4, and

(b) the fulfilment of the public service remit for that Channel under section 265 of the Communications Act 2003.

Appointment of members

2

(1) A person shall be disqualified for being a member of the Corporation so long as he is—

(a) a governor or employee of the BBC; or

(b) a member or employee of OFCOM.

(2) Before appointing a person to be a member of the Corporation, OFCOM shall satisfy themselves 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 a member of the Corporation; and OFCOM shall also satisfy themselves from time to time with respect to every member of the Corporation that he has no such interest.

(3) Any person who is, or whom OFCOM propose to appoint to be, a member of the Corporation shall, whenever requested by OFCOM to do so, furnish them with such information as they consider necessary for the performance by them of their duties under sub-paragraph (2).

Tenure of office

3

(1) Subject to the following provisions of this paragraph, each member of the Corporation shall hold and vacate office in accordance with the terms of his appointment.

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

(2A) OFCOM may at any time, by notice to a member of the Corporation, terminate the appointment of that member.

(2B) Before terminating a person’s appointment under sub-paragraph (2A), OFCOM must consult the Secretary of State.

(3) Any member of the Corporation may at any time resign his office by notice to OFCOM.

(4) This paragraph does not apply in relation to ex-officio members of the Corporation.

Remuneration and pensions of members

4

(1) The Corporation may pay —

(a) to each member other than an ex-officio member such remuneration and allowances, and

(b) to each ex-officio member such allowances,

as OFCOM may determine.

(2) The Corporation may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as OFCOM 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 OFCOM that there are special circumstances which make it right for him to receive compensation, the Corporation may make a payment to him of such amount as OFCOM may determine.

(4) Sub-paragraphs (2) and (3) do not apply in relation to ex-officio members of the Corporation.

(5) The approval of the Treasury shall be required for any determination under this paragraph other than a determination under sub-paragraph (1) having effect in relation to an ex-officio member of the Corporation.

Disqualification of members of Corporation 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—

The Channel Four Television Corporation

and a corresponding amendment shall be made in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

Proceedings

6

(1) Subject to paragraph 7, the quorum of the Corporation and the arrangements relating to their meetings shall be such as the Corporation may determine.

(2) The arrangements may, with the approval of OFCOM , provide for the discharge, under the general direction of the Corporation, of any of the Corporation’s functions by a committee or by one or more of the members or employees of the Corporation.

7

(1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Corporation shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

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

(b) (subject to sub-paragraph (2)) the member shall not take any part in any deliberation or decision of the Corporation, or of any of their committees, with respect to that matter.

(2) Sub-paragraph (1)(b) shall not apply in relation to any meeting of the Corporation at which all of the other members present resolve that the member’s interest should be disregarded for the purposes of that provision.

(3) For the purposes of sub-paragraph (1), a general notification given at a meeting of the Corporation by a member to the effect that he is a member of a specified company or firm and is to be regarded as interested in any matter involving that company or firm shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(4) A member need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting.

(5) In this paragraph references to a meeting of the Corporation include references to a meeting of any of their committees.

8

The validity of any proceedings of the Corporation 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.

Employees of the Corporation

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Broadcasting Act 1990

Part X — Miscellaneous and General

Foreign satellite services

Orders proscribing unacceptable foreign satellite services

177

Offence of supporting proscribed foreign satellite services

178

Unauthorised decoders

Unauthorised decoders for encrypted services etc

179

Television licensing

Transfer to BBC of functions connected with television licences

180

Certain apparatus to be deemed to be apparatus for wireless telegraphy

181

Listed events

Certain events not to be shown on pay-per-view terms

182

Gaelic television programmes

Financing of programmes in Gaelic out of Gaelic Television Fund

183

Broadcasting of programmes in Gaelic on Channel 3 in Scotland

184

National television archive

Contributions towards maintenance of national television archive

185

Duties of BBC as respects independent productions

Duty of BBC to include independent productions in their television services

186

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

187

Power to give directions relating to international obligations

Power to give broadcasting bodies etc. directions relating to international obligations

188

Matters relating to telecommunication systems

Sharing of apparatus by operators of telecom- munication systems

189

Modification of certain references in Telecom- munications Act licences

190

Revocation of class licence to run broadcast relay systems

191

Application of competition legislation

Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services

192

Modification of networking arrangements in consequence of reports under competition legislation

193

Restrictive Trade Practices Act 1976 not to apply to networking arrangements

194

General

Offences by bodies corporate

195

Entry and search of premises

196

Restriction on disclosure of information

197

Financial provisions

198

Notices

199

Regulations and orders

200

Programme services

201

General interpretation

202

Consequential and transitional provisions

203

Short title, commencement and extent

204

SCHEDULE 1

Status and capacity

1

Appointment of members

2

Tenure of office

3

Remuneration and pensions of members

4

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

5