Broadcasting Act 1990

in a case where the area or locality for which the licensed service is to be provided is to a significant extent the same as the locality for which local sound broadcasts are to be provided under the programme contractor’s contract; and this sub-paragraph shall be construed in accordance with Part I of Schedule 2 to this Act.

• (6) The Authority may make such variations of a contract which continues in force by virtue of sub-paragraph (1) as appear to them to be appropriate in consequence of any of the provisions of this Part of this Schedule.

Delivery of programmes by means of local delivery services

3

Part II of this Act shall have effect as if section 72(2) of this Act included a reference to any local sound broadcasting service provided by the Authority in accordance with this Part of this Schedule.

Provisions relating to Broadcasting Complaints Commission

4

• (1) Part V of this Act shall have effect as if—

• (a) section 143(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

• (b) (subject to sub-paragraph (2)) the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

• (2) Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the Authority shall make such variations of any contract which continues in force by virtue of paragraph 2(1) above as appear to them to be appropriate—

• (a) for requiring the programme contractor under that contract—

• (i) in the case of every programme provided by him which is broadcast by the Authority in accordance with this Part of this Schedule, to retain a recording of that programme for the period of 42 days beginning with the broadcast,

• (ii) if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4), 155(3) or 167(1) of this Act, to produce any such recording to them, and

• (iii) if requested to do so by the Authority for the purpose of enabling them to comply with any requirement imposed on them in pursuance of section 145(4) or 155(3) of this Act, to produce to them any transcript of any such programme which he is able to produce to them; and

• (b) for ensuring compliance by the programme contractor with any request to which section 145(7) of this Act applies which may be made to him by the BCC.

• (3) For the financial year which includes the commencement of section 149 of this Act, and each subsequent financial year falling wholly or partly within the period during which the Authority provide local sound broadcasting services in accordance with this Part of this Schedule, the Secretary of State shall notify to the Authority the sum which he considers to be the appropriate contribution by that body, in respect of the programme contractors under contracts which continue in force by virtue of paragraph 2(1) above, towards the expenses of the BCC; and the Authority shall pay to the Secretary of State any sum notified to them under this sub-paragraph.

• (4) Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have effect during the period referred to in sub-paragraph (3) above as if the reference to the BBC or the Welsh Authority included a reference to the Authority.

• (5) In this paragraph “the BCC” means the Broadcasting Complaints Commission.

Provisions relating to Broadcasting Standards Council

5

Part VI of this Act shall have effect as if—

• (a) section 152(2) of this Act included a reference to any sound programme broadcast by the Authority in accordance with this Part of this Schedule; and

• (b) the Authority were, in relation to the provision by them of local sound broadcasting services in accordance with this Part of this Schedule, a broadcasting body within the meaning of that Part of this Act.

Supplementary provisions

6

• (1) Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the IBA—

• (a) in pursuance of a provision of the 1981 Act which has effect as from the transfer date in accordance with this Part of this Schedule, and

• (b) in connection with any of the IBA’s local sound broadcasting services which are to be provided by the Authority as from that date in accordance with paragraph 1(1) above,

shall, if in force or effective immediately before that date, have effect as from that date for the relevant purposes as if drawn up, given or done by or in relation to the Authority.

• (2) Anything which immediately before that date was in the process of being done by or in relation to the IBA may, if it was being so done as mentioned in paragraphs (a) and (b) of sub-paragraph (1), be continued on or after that date by or in relation to the Authority.

• (3) As from that date sections 61 and 62 of the 1981 Act shall have effect for the relevant purposes as if any reference to the IBA were a reference to the Authority.

• (4) In this paragraph “the relevant purposes” means the purposes of the 1981 Act as it has effect as from the transfer date in accordance with this Part of this Schedule.

Part V — Replacement of Programme Contracts by Local Licences

Replacement of contracts to which paragraph 2(1) in Part IV applies by local licences

1

• (1) The Authority may, if the programme contractor under a relevant contract so requests—

• (a) determine the contract as from any time falling on or after the transfer date; and

• (b) subject to paragraph 3(2) below, grant to the programme contractor as from that time a licence to provide a local service for the locality in which local sound broadcasts were to be provided by him under the contract.

• (2) In sub-paragraph (1) “relevant contract” means a contract which (apart from that sub-paragraph) would continue in force by virtue of paragraph 2(1) in Part IV of this Schedule.

• (3) A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force for such period as the Authority may determine, except that the licence shall not expire—

• (a) before the date on which the contract referred to in that sub-paragraph would have expired if it had not been determined under that sub-paragraph, or

• (b) later than 31st December 1996 or the date which falls three years after the date referred to in paragraph (a), whichever is the earlier.

Replacement by local licences of certain contracts for the provision of local sound broadcasts in localities in which such broadcasts were already provided

2

• (1) Any contract which—

• (a) the IBA has, at any time on or after 1st September 1989, entered into with a programme contractor for the provision by the contractor of local sound broadcasts in a locality comprised in the locality in which such broadcasts were for the time being to be provided by another programme contractor under a contract entered into before that time, and

• (b) is effective immediately before the transfer date,

shall cease to have effect on that date; but, if the first-mentioned programme contractor so requests at any time before that date, the Authority may, subject to paragraph 3(2) below, grant to him as from that date a licence to provide a local service for that locality.

• (2) A licence granted in pursuance of sub-paragraph (1) shall (subject to the provisions of Part III of this Act) continue in force until 31st December 1994.

Common provisions applying to licences granted in pursuance of paragraph 1(1) or 2(1) above

3

• (1) A request for the grant of a licence which is made to the Authority by any person in pursuance of paragraph 1(1) or 2(1) above must be in writing and accompanied by—

• (a) his proposals for providing a service that would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons; and

• (b) such information as the Authority may reasonably require as to his present financial position and his projected financial position during the period for which the licence would be in force.

• (2) The Authority shall not grant a licence to any person in pursuance of paragraph 1(1) or 2(1) above unless they are satisfied that the service proposed to be provided by that person would cater for the tastes and interests of persons living in the locality for which it would be provided or for any particular tastes and interests of such persons.

• (3) Section 104 of this Act shall not apply in relation to the grant of any such licence.

• (4) Section 106(1) of this Act shall apply to any such licence as if for “when making his application” there were substituted “ in pursuance of paragraph 3(1) in Part V of Schedule 11 ”.

• (5) In section 86(4) of this Act the reference to Part III of this Act shall include a reference to this Part of this Schedule.

• (6) Except as provided in the preceding provisions of this paragraph, Part III of this Act applies to a licence granted in pursuance of paragraph 1(1) or 2(1) above as it applies to any other local licence granted under that Part.

Saving for liabilities under terminated contracts

4

• (1) Where the contract of a programme contractor is terminated by the Authority under this Part of this Schedule, the termination of that contract shall not affect any liability of his which has accrued under or by virtue of the contract before its termination.

• (2) Where any such contract is so terminated but the programme contractor is granted a local licence as from the date of its termination, any agreement—

• (a) made before that date between the contractor and any other person, and

• (b) framed (whether expressly or by implication) by reference to the contract or to the contractor’s status as a programme contractor,

shall (unless it expressly provides otherwise) have effect as from that date with such modifications as are necessary to take account of the replacement of the contract by the licence or of the contractor’s new status as the holder of the licence (as the case may require).

• (3) References in sub-paragraph (2) to an agreement include references—

• (a) to an oral agreement, and

• (b) to a deed, bond or other instrument.

SCHEDULE 12

Part I — General

1

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

2

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

Part II — Licensing of Existing Cable Services

Prescribed diffusion services: continuation in force of existing licences

1

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

Prescribed diffusion services: replacement of cable licences by local delivery licences

2

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

Prescribed diffusion services: grant of new licences to provide existing services

3

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

Prescribed diffusion services: cable licences to be succeeded on their expiry by local delivery licences

4

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

Other diffusion services: continuation in force of existing licences

5

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

Other diffusion services: replacement of cable licences by local delivery licences

6

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

Other diffusion services: certain licences to cease to have effect

7

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

Other diffusion services: certain unlicensed services to be licensed as cableservices or local delivery services

8

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

Other diffusion services: services falling partly within and partly outside franchise areas

9

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

Restricted services: replacement of existing licences

10

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

Requests made under this Part

11

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

Saving for liabilities under terminated licences

12

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

Part III — Provisions Relating to Licences in Force under or by virtue of this Schedule

Effect of relevant licences

1

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

General provisions about relevant licences

2

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

Restrictions on the holding of certain relevant licences

3

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

Inclusion of broadcasts in licensed services

4

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

Inclusion of local material in prescribed diffusion services

5

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

Revocation of licences

6

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

Supplementary provisions

7

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

SCHEDULE 13

Status and capacity

1

• (1) The BCC 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.

• (2) It shall be within the capacity of the BCC as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under this Act.

Appointment of members

2

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

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

• (b) a member or employee of the Independent Television Commission established by this Act;

• (c) a member or employee of the Radio Authority established by this Act;

• (d) a member or employee of the Channel Four Television Corporation established by this Act;

• (e) a member or employee of the Welsh Authority;

• (f) a member or employee of the Broadcasting Standards Council established by this Act; or

• (g) a person who does not fall within any of the preceding paragraphs but who appears to the Secretary of State to be concerned with, or to have an interest in—

• (i) the preparation or provision of programmes for broadcasting by the BBC or the Welsh Authority; or

• (ii) the provision of a licensed service or the preparation or provision of programmes for inclusion in such a service.

• (2) Before appointing a person to be a member of the BCC the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the BCC; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the BCC that he has no such interest.

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

Tenure of office

3

• (1) Subject to the following provisions of this paragraph, each member of the BCC 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 BCC for more than five years at a time.

• (3) Any member of the BCC may at any time resign his office by notice in writing to the Secretary of State.

Remuneration and pensions of members

4

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

• (2) The BCC may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

• (3) Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the BCC may make a payment to him of such amount as the Secretary of State may determine.

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

Proceedings

5

• (1) Subject to paragraph 6 and to the provisions of Part V of this Act, the quorum of the BCC and the arrangements relating to their meetings shall be such as the BCC may determine.

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

6

• (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 BCC 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 BCC, 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 BCC 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 BCC 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 BCC 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 BCC include references to a meeting of any of their committees.

7

The validity of any proceedings of the BCC 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 6.

Employees of the BCC

8

• (1) The BCC may appoint such number of employees as they may determine.

• (2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the BCC.

• (3) If the BCC determine to do so in the case of any of their employees, the BCC shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the BCC may determine.

• (4) Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury.

• (5) If any employee of the BCC—

• (a) is a participant in any pension scheme applicable to his employment, and

• (b) becomes a member of the BCC,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the BCC were service as an employee of the BCC.

• (6) The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the BCC.

Financial provisions

9

• (1) The Secretary of State shall pay to the BCC—

• (a) any expenses incurred or to be incurred by the BCC by virtue of paragraph 4 or 8; and

• (b) with the consent of the Treasury, such sums as he thinks fit for enabling the BCC to meet other expenses.

• (2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of BCC’s seal

10

The application of the seal of the BCC shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by BCC

11

Any document purporting to be an instrument issued by the BCC and to be duly executed under the seal of the BCC or to be signed on behalf of the BCC shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

12

• (1) The BCC shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury.

• (2) The accounts of the BCC shall be audited by auditors to be appointed by the BCC with the approval of the Secretary of State.

• (3) A person shall not be qualified to be appointed as an auditor in pursuance of sub-paragraph (2) above unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.

• (4) The BCC shall at all reasonable times upon demand made by the Secretary of State or by any persons authorised by him in that behalf—

• (a) afford to him or them full liberty to examine the accounts of the BCC; and

• (b) furnish him or them with all forecasts, estimates, information and documents which he or they may require with respect to the financial transactions and commitments of the BCC.

SCHEDULE 14

Status and capacity

1

• (1) The Council 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.

• (2) It shall be within the capacity of the Council as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under this Act.

Appointment of members

2

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

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

• (b) a member or employee of the Independent Television Commission established by this Act; or

• (c) a member or employee of the Radio Authority established by this Act; or

• (d) a member or employee of the Channel Four Television Corporation established by this Act; or

• (e) a member or employee of the Welsh Authority; or

• (f) a member or employee of the Broadcasting Complaints Commission.

• (2) Before appointing a person to be a member of the Council the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Council; and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Council that he has no such interest.

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

Tenure of office

3

• (1) Subject to the following provisions of this paragraph, each member of the Council 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 Council for more than five years at a time.

• (3) Any member of the Council may at any time resign his office by notice in writing to the Secretary of State.

Remuneration and pensions of members

4

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

• (2) The Council may pay or make provision for paying to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

• (3) Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Council may make a payment to him of such amount as the Secretary of State may determine.

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

Disqualification of members of Council 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 Broadcasting Standards Council

Proceedings

6

• (1) Subject to paragraph 7 and to the provisions of Part VI of this Act, the quorum of the Council and the arrangements relating to their meetings shall be such as the Council may determine.

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

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 Council 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 Council, 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 Council 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 Council 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 Council 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 Council include references to a meeting of any of their committees.

8

The validity of any proceedings of the Council 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 Council

9

• (1) The Council may appoint such number of employees as they may determine.

• (2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Council.

• (3) If the Council determine to do so in the case of any of their employees, the Council shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Council may determine.

• (4) Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State given with the consent of the Treasury.

• (5) If any employee of the Council—

• (a) is a participant in any pension scheme applicable to his employment, and

• (b) becomes a member of the Council,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Council were service as an employee of the Council.

• (6) The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Council.

Financial provisions

10

• (1) The Secretary of State shall pay to the Council—

• (a) any expenses incurred or to be incurred by the Council by virtue of paragraph 4 or 9; and

• (b) with the consent of the Treasury, such sums as he thinks fit for enabling the Council to meet other expenses.

• (2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Council’s seal

11

The application of the seal of the Council shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by Council

12

Any document purporting to be an instrument issued by the Council and to be duly executed under the seal of the Council or to be signed on behalf of the Council shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

13

• (1) It shall be the duty of the Council—

• (a) to keep proper accounts and proper records in relation to the accounts,

• (b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury, and

• (c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

• (2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Council and shall lay a copy of every such statement and of his report before each House of Parliament.

SCHEDULE 15

Interpretation

1

In this Schedule—

• “the 1959 Act” means the Obscene Publications Act 1959;

• “relevant programme” means a programme included in a programme service;

and other expressions used in this Schedule which are also used in the 1959 Act have the same meaning as in that Act.

Liability of person providing live programme material

2

Where—

• (a) any matter is included by any person in a relevant programme in circumstances falling within section 1(5) of the 1959 Act, and

• (b) that matter has been provided, for inclusion in that programme, by some other person,

the 1959 Act shall have effect as if that matter had been included in that programme by that other person (as well as by the person referred to in sub-paragraph (a)).

Obscene articles kept for inclusion in programmes

3

It is hereby declared that where a person has an obscene article in his ownership, possession or control with a view to the matter recorded on it being included in a relevant programme, the article shall be taken for the purposes of the 1959 Act to be an obscene article had or kept by that person for publication for gain.

Requirement for consent of Director of Public Prosecutions

4

• (1) Proceedings for an offence under section 2 of the 1959 Act for publishing an obscene article shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where—

• (a) the relevant publication, or

• (b) the only other publication which followed from the relevant publication,

took place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication in respect of which the defendant would be charged if the proceedings were brought.

• (2) Proceedings for an offence under section 2 of the 1959 Act for having an obscene article for publication for gain shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where—

• (a) the relevant publication, or

• (b) the only other publication which could reasonably have been expected to follow from the relevant publication,

was to take place in the course of the inclusion of a programme in a programme service; and in this sub-paragraph “the relevant publication” means the publication which, if the proceedings were brought, the defendant would be alleged to have had in contemplation.

• (3) Without prejudice to the duty of a court to make an order for the forfeiture of an article under section 1(4) of the Obscene Publications Act 1964 (orders on conviction), in a case where by virtue of sub-paragraph (2) above proceedings under section 2 of the 1959 Act for having an article for publication for gain could not be instituted except by or with the consent of the Director of Public Prosecutions, no order for the forfeiture of the article shall be made under section 3 of the 1959 Act (power of search and seizure) unless the warrant under which the article was seized was issued on an information laid by or on behalf of the Director of Public Prosecutions.

Defences

5

• (1) A person shall not be convicted of an offence under section 2 of the 1959 Act in respect of the inclusion of any matter in a relevant programme if he proves that he did not know and had no reason to suspect that the programme would include matter rendering him liable to be convicted of such an offence.

• (2) Where the publication in issue in any proceedings under that Act consists of the inclusion of any matter in a relevant programme, section 4(1) of that Act (general defence of public good) shall not apply; but—

• (a) a person shall not be convicted of an offence under section 2 of that Act, and

• (b) an order for forfeiture shall not be made under section 3 of that Act,

if it is proved that the inclusion of the matter in question in a relevant programme is justified as being for the public good on the ground that it is in the interests of—

• (i) drama, opera, ballet or any other art,

• (ii) science, literature or learning, or

• (iii) any other objects of general concern.

• (3) Section 4(2) of that Act (admissibility of opinions of experts) shall apply for the purposes of sub-paragraph (2) above as it applies for the purposes of section 4(1) and (1A) of that Act.

Exclusion of proceedings under common law

6

Without prejudice to section 2(4) of the 1959 Act, a person shall not be proceeded against for an offence at common law—

• (a) in respect of a relevant programme or anything said or done in the course of such a programme, where it is of the essence of the common law offence that the programme or (as the case may be) what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or

• (b) in respect of an agreement to cause a programme to be included in a programme service or to cause anything to be said or done in the course of a programme which is to be so included, where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.

SCHEDULE 16

1

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2

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3

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4

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5

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6

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7

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8

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

SCHEDULE 17

Part I — Copyright Licensing

1

• (1) This paragraph applies where the person providing a programme service has assigned to another the copyright in works containing information to which this Schedule applies.

• (2) The person providing the programme service, not the assignee, is to be treated as the owner of the copyright for the purposes of licensing any act restricted by the copyright done on or after the day on which this paragraph comes into force.

• (3) Where the assignment by the person providing the programme service occurred before 29th September 1989 then, in relation to any act restricted by the copyright so assigned—

• (a) sub-paragraph (2) does not have effect, and

• (b) references below in this Schedule to the person providing the programme service are to the assignee.

Part II — Use of Information as of Right

Circumstances in which right available

2

• (1) Paragraph 4 applies to any act restricted by the copyright in works containing information to which this Schedule applies done by the publisher if—

• (a) a licence to do the act could be granted by the person providing the programme service but no such licence is held by the publisher,

• (b) the person providing the programme service refuses to grant to the publisher a licence to do the act, being a licence of such duration, and of which the terms as to payment for doing the act are such, as would be acceptable to the publisher, and

• (c) the publisher has complied with paragraph 3.

• (2) The reference in sub-paragraph (1) to refusing to grant a licence includes failing to do so within a reasonable time of being asked.

• (3) References below in this Schedule to the terms of payment are to the terms as to payment for doing any act restricted by the copyright in works containing information to which this Schedule applies.

Notice of intention to exercise right

3

• (1) A publisher intending to avail himself of the right conferred by paragraph 4 must—

• (a) give notice of his intention to the person providing the programme service, asking that person to propose terms of payment, and

• (b) after receiving the proposal or the expiry of a reasonable time, give reasonable notice to the person providing the programme service of the date on which he proposes to begin exercising the right and the terms of payment in accordance with which he intends to do so.

• (2) Before exercising the right the publisher must—

• (a) give reasonable notice to the Copyright Tribunal of his intention to exercise the right and of the date on which he proposes to begin to do so, and

• (b) apply to the Tribunal under paragraph 5 to settle the terms of payment.

Conditions for exercise of right

4

• (1) Where the publisher, on or after the date specified in a notice under paragraph 3(1)(b), does any act in circumstances in which this paragraph applies, he shall, if he makes the payments required by this paragraph, be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence to do so granted by the person providing the programme service.

• (2) Payments are to be made at not less than quarterly intervals in arrears.

• (3) The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under paragraph 5 or, if no such order has been made—

• (a) in accordance with any proposal for terms of payment made by the person providing the programme service pursuant to a request under paragraph 3(1)(a), or

• (b) where no proposal has been so made or the amount determined in accordance with the proposal so made appears to the publisher to be unreasonably high, in accordance with the terms of payment notified under paragraph 3(1)(b).

Applications to settle payments

5

• (1) On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.

• (2) An order under sub-paragraph (1) has effect from the date the applicant begins to exercise the right conferred by paragraph 4 and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.

Application for review of order

6

• (1) A person exercising the right conferred by paragraph 4, or the person providing the programme service, may apply to the Tribunal to review any order under paragraph 5.

• (2) An application under sub-paragraph (1) shall not be made, except with the special leave of the Tribunal—

• (a) within twelve months from the date of the order, or of the decision on a previous application under this paragraph, or

• (b) if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.

• (3) On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.

• (4) An order under this paragraph has effect from the date on which it is made or such later date as may be specified by the Tribunal.

Part III — Supplementary

7

• (1) This Schedule and the Copyright, Designs and Patents Act 1988 shall have effect as if the Schedule were included in Chapter III of Part I of that Act, and that Act shall have effect as if proceedings under this Schedule were listed in section 149 of that Act (jurisdiction of the Copyright Tribunal).

• (2) References in this Schedule to anything done by the publisher include anything done on his behalf.

• (3) References in this Schedule to works include future works, and references to the copyright in works include future copyright.

SCHEDULE 18

Part I — Amendments of Wireless Telegraphy Act 1949

1

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

2

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

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

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

3

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

4

In section 19 (interpretation), insert the following subsection after subsection (2)—

(2A) In this Act— - “the BBC” means the British Broadcasting Corporation; and - “television licence” and “television receiver” have the meaning given by section 1(7) of this Act.

Part II — Amendments of Part I of Wireless Telegraphy Act 1967

1

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

2

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3

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4

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5

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6

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7

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SCHEDULE 19

Status and capacity

1

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

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

• (3) It shall be within the capacity of the Service as a statutory corporation to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 183 of this Act.

Tenure of office and remuneration

2

• (1) Subject to sub-paragraphs (1A) and (2), each member of the Service shall hold and vacate office in accordance with the terms of his appointment.

• (1A) A person is not to be appointed as a member of the Service for a term of more than four years (but a person so appointed shall be eligible for re-appointment at the end of his term of office).

• (2) Any member of the Service may at any time resign his office by notice to OFCOM.

• (3) OFCOM may pay to each member such remuneration and allowances as they may determine.

Disqualification of members of Service for House of Commons

3

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

Proceedings

4

• (1) Subject to paragraph 5, the quorum of the Service and the arrangements relating to their meetings shall be such as the Service may determine.

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

5

• (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 Service 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 Service , 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 Service 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 Service 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 Service 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 Service include references to a meeting of any of their committees.

6

The validity of any proceedings of the Service 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 5.

Employees of the Service

7

• (1) The Service may appoint such employees as they may determine with the consent of OFCOM as to numbers and terms of employment.

• (2) If the Service determine to do so in the case of any of their employees, the Service shall pay to or in respect of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Service may determine.

• (3) The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Service.

• (4) A person who is an employee of the Service is not to be eligible to be appointed as a member of the Service.

Financial provision

8

There shall be defrayed out of the Gaelic Broadcasting Fund—

• (a) any expenses incurred by OFCOM —

• (i) by virtue of paragraph 2,

• (ii) in paying the salaries of any employees of OFCOM whose services have been furnished to the Service by OFCOM, or

• (iii) in connection with providing the Service with office accommodation or other facilities;

• (b) any expenses incurred by the Service by virtue of paragraph 7; and

• (c) with the approval of OFCOM ..., any other expenses incurred by the Service.

Authentication of Service ’s seal

9

The application of the seal of the Service shall be authenticated by the signature of the chairman or of some other person authorised for the purpose.

Presumption of authenticity of documents issued by the Service

10

Any document purporting to be an instrument issued by the Service and to be duly executed under the seal of the Service or to be signed on behalf of the Service shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

11

• (1) The Service shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as OFCOM may direct.

• (2) The accounts of the Service shall be audited by auditors to be appointed by the Service with the approval of OFCOM .

• (3) A person shall not be qualified to be appointed in pursuance of sub-paragraph (2) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

• (4) The Service shall at all reasonable times upon demand made by OFCOM ... or by any persons authorised by OFCOM ... in that behalf—

• (a) afford to them full liberty to examine the accounts of the Service; and

• (b) furnish them with all forecasts, estimates, information and documents which they may require with respect to the financial transactions and commitments of the Service.

Annual reports

12

• (1) As soon as possible after the end of each financial year, the Service shall prepare a general report of their proceedings during that year and transmit it to OFCOM.

• (1A) The report must include a statement of how the Service are proposing to carry out their functions during the next financial year.

• (2) The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.

• (3) OFCOM shall send a copy of each annual report received by them in accordance with this paragraph to

• (a) the Secretary of State, who must lay a copy of it before each House of Parliament, and

• (b) the Scottish Ministers, who must lay a copy of it before the Scottish Parliament.

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

SCHEDULE 20

Parliamentary Papers Act 1840 (c. 9)

1

Section 3 (protection in respect of proceedings for printing extracts from or abstracts of parliamentary papers) shall have effect as if the reference to printing included a reference to including in a programme service.

Law of Libel Amendment Act 1888 (c. 64)

2

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

Children and Young Persons Act 1933 (c. 12)

3

• (1) In section 28 (powers of entry)—

• (a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “ programme service ”; and

• (b) for subsection (4) substitute—

(4) In this section— - “broadcasting studio” means a studio used in connection with the provision of a programme service; - “programme service” has the same meaning as in the Broadcasting Act 1990.

• (2) Sections 39 . . . (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as they apply in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.

Children and Young Persons (Scotland) Act 1937 (c. 37)

4

• (1) In section 36 (power to enter studios)—

• (a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “ programme service ”; and

• (b) for subsection (4) substitute—

(4) In this section— - “broadcasting studio” means a studio used in connection with the provision of a programme service; - “programme service” has the same meaning as in the Broadcasting Act 1990

.

• (2) Section 46 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as it applies in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

5

In section 1(7) (admission of public to meetings of local authorities and other bodies), for the words from “or for” to “licensed” substitute “ or for programme services (within the meaning of the Broadcasting Act 1990) other than sound or television broadcasting services ”.

Children and Young Persons Act 1963 (c. 37)

6

In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—

(d) any performance not falling within paragraph (c) above but included in a programme service (within the meaning of the Broadcasting Act 1990);

.

Licensing Act 1964 (c. 26)

7

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

Private Places of Entertainment (Licensing) Act 1967 (c. 19)

8

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

Wireless Telegraphy Act 1967 (c. 72)

9

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

London Cab Act 1968 (c. 7)

10

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

Trade Descriptions Act 1968 (c. 29)

11

In section 39(2) (interpretation), for “or in a programme included in a cable programme service” substitute “ or in any programme included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Social Work (Scotland) Act 1968 (c. 49)

12

In section 58(1) (prohibition of publication of proceedings in a children’s hearing), for the words “broadcast or a programme included in cable programme service”—

• (a) in the first place where they occur, substitute “ programme included in a programme service (within the meaning of the Broadcasting Act 1990) ”; and

• (b) in the second place where they occur, substitute “ programme included in such a programme service ”.

Theatres Act 1968 (c. 54)

13

In section 7(2)(b) (exceptions for performance given in certain circumstances), for sub-paragraph (iii) substitute—

(iii) the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

.

Gaming Act 1968 (c. 65)

14

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

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

15

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

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

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

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

Local Government Act 1972 (c. 70)

16

In section 100K (interpretation and application of Part VA of the Act), in paragraph (b) of the definition of “newspaper”, for sub-paragraph (ii) substitute—

(ii) for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

.

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17

In section 148(1) (interpretation), in the definition of “newspaper”, for the words from “or for” onwards substitute “ or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Employment Agencies Act 1973 (c. 35)

18

In section 13(4) (interpretation), for paragraphs (c) and (d) substitute

or (c) to providing a programme service (within the meaning of the Broadcasting Act 1990).

Northern Ireland Constitution Act 1973 (c. 36)

19

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

Fair Trading Act 1973 (c. 41)

20

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

Criminal Procedure (Scotland) Act 1975 (c. 21)

21

In subsection (2) of sections 169 and 374 (restrictions on report of proceedings involving person under 16), for the words from “broadcasts” to “service” substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990) ”.

Industry Act 1975 (c. 68)

22

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

Scottish Development Agency Act 1975 (c. 69)

23

In section 17 (the Scottish Development Agency and the media), for “Cable and Broadcasting Act 1984” substitute “ Broadcasting Act 1990 ”.

Welsh Development Agency Act 1975 (c. 70)

24

In section 19 (the Welsh Development Agency and the media)—

• (a) in subsection (1), for paragraphs (b) and (c) substitute—

(b) shall become the holder of a relevant licence.

;

• (b) in subsection (3), for paragraphs (ii) and (iii) substitute—

(ii) activities connected with the provision of a service under a relevant licence.

;

• (c) in subsection (9)—

• (i) for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “ the holder of a relevant licence, they shall consult the appropriate authority ”; and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) omit subsection (9A);

• (e) in subsection (10), for “programme contractor” substitute “ holder of a relevant licence ”; and

• (f) for subsection (11) substitute—

(11) In this section— - “appropriate authority” means— (a) in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and (b) in relation to a licence granted under Part III of that Act, the Radio Authority; “relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.

Restrictive Trade Practices Act 1976 (c. 34)

25

In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” insert “ or the Broadcasting Act 1990 ”.

Sexual Offences (Amendment) Act 1976 (c. 82)

26

• (1) In section 4 (anonymity of complainants in rape etc. cases)—

• (a) in subsection (1), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “included in a relevant programme for reception” and for “broadcasting or inclusion in a cable programme” substitute “inclusion in a relevant programme”;

• (b) in subsection (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for paragraphs (c) and (d) substitute

and (c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

;

• (c) in subsection (5A), for “or broadcast of any matter or the inclusion of any matter in a cable programme,” substitute “of any matter or the inclusion of any matter in a relevant programme,” and for “, broadcast or cable programme” substitute “or programme”;

• (d) in subsection (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

; and

• (e) in subsection (7), for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

• (2) In section 5(5) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

• (3) In section 7(6) (extent to Northern Ireland), for “broadcast or inclusion in a cable programme” substitute “in, or such an inclusion of matter in a relevant programme for reception in,”.

Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I.5))

27

• (1) In Article 6 (anonymity of complainants in rape offence cases)—

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

• (b) in paragraph (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for sub-paragraphs (c) and (d) substitute

and (c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

;

• (c) in paragraph (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

; and

• (d) in paragraph (7), for “broadcasting or inclusion in a cable programme” substitute “or inclusion in a relevant programme” and for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.

• (2) In Article 7(3) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.

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

Competition Act 1980 (c. 21)

28

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

Magistrates’ Courts Act 1980 (c. 43)

29

• (1) In section 8 (restrictions on reports of committal proceedings)—

• (a) in subsection (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;

• (b) in subsections (2B), (4), (5) and (8), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “ or included in a relevant programme ”;

• (c) in subsection (3), for “broadcast or include in a cable programme”, in each place where those words occur, substitute “ or include in a relevant programme ”;

• (d) in subsection (5), for paragraphs (c) and (d) substitute—

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

;

• (e) in subsection (10), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).

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

Indecent Displays (Control) Act 1981 (c. 42)

30

In section 1(4) (provisions relating to indecent displays disapplied in relation to broadcasting etc.), for paragraph (a) substitute—

(a) included by any person in a television broadcasting service or other television programme service (within the meaning of Part I of the Broadcasting Act 1990);

.

Contempt of Court Act 1981 (c. 49)

31

• (1) In section 2 (limitation of scope of strict liability)—

• (a) in subsection (1), for “broadcast cable programme” substitute “ programme included in a programme service ”; and

• (b) after subsection (4) insert—

(5) In this section “programme service” has the same meaning as in the Broadcasting Act 1990.

• (2) In section 19 (interpretation), omit the definition of “cable programme”.

Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839 (N.I.20))

32

In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substitute

or (c) to providing a programme service (within the meaning of the Broadcasting Act 1990).

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

33

• (1) In Article 44 (reports of preliminary proceedings)—

• (a) in paragraphs (1) and (2), for “or published”, in each place where those words occur, substitute “ , published or included in a relevant programme ”; and

• (b) after paragraph (5) insert—

(6) In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.

• (2) In Article 90 (reports of domestic proceedings), for paragraph (1) substitute—

(1) A person to whom this paragraph applies shall not— (a) print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or (b) include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland, any particulars of any domestic proceedings other than such particulars as are mentioned in paragraph (1A) below. (1A) The particulars referred to in paragraph (1) above are— (a) the names, addresses and occupations of the parties and witnesses; (b) the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given; (c) submissions on any point of law arising in the course of the proceedings, and decisions of the court on the submissions; and (d) the decisions of the court, and any observations made by the court in giving its decision. (1B) Paragraph (1) above applies— (a) in relation to sub-paragraph (a) of that paragraph, to the proprietor, editor or publisher of the newspaper or periodical, and (b) in relation to sub-paragraph (b) of that paragraph, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

Insurance Companies Act 1982 (c. 50)

34

In section 72(6) (meaning of “advertisement” for the purposes of insurance advertisements), for “or by inclusion in a cable programme service” substitute “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”.

Representation of the People Act 1983 (c. 2)

35

• (1) Part II shall be amended as follows.

• (2) In section 75(1)(i) (election expenses in relation to publications or broadcasts), for the words from “the Independent” onwards substitute “ or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990; ”.

• (3) In section 92 (broadcasting from outside United Kingdom), for subsection (1) substitute—

(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with— (a) the British Broadcasting Corporation; (b) Sianel Pedwar Cymru; or (c) the holder of any licence granted by the Independent Television Commission or the Radio Authority, for the reception and re-transmission of that matter by that body or the holder of that licence.

• (4) In section 93 (broadcasting during elections)—

• (a) in subsection (1)(a), for “broadcast from a television or other wireless transmitting station in the United Kingdom” substitute—

(a) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru; or (b) included in any service licensed under Part I or III of the Broadcasting Act 1990

;

and

• (b) omit subsection (3).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Audit Act 1983 (c. 44)

36

In Part II of Schedule 4 (nationalised industries and other public authorities liable to examination by Comptroller and Auditor General), for the entries relating to the Independent Broadcasting Authority and the Welsh Fourth Channel Authority substitute—

Sianel Pedwar Cymru.

Value Added Tax Act 1983 (c. 55)

37

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

Telecommunications Act 1984 (c. 12)

38

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

Video Recordings Act 1984 (c. 39)

39

In section 3(8) (exempted supplies), for paragraphs (a) and (b) substitute “ a programme service (within the meaning of the Broadcasting Act 1990) ”.

Cinemas Act 1985 (c. 13)

40

In section 21(1) (interpretation), in the definition of “film exhibition”, for paragraphs (a) and (b) substitute “ programmes included in a programme service (within the meaning of the Broadcasting Act 1990); ”.

Bankruptcy (Scotland) Act 1985 (c. 66)

41

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

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I.11))

42

In Article 130(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), after “television,” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, ”.

Insolvency Act 1986 (c. 45)

43

In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), for the words “services consisting” onwards, in each place where they occur, substitute “ local delivery services within the meaning of Part II of the Broadcasting Act 1990. ”

Building Societies Act 1986 (c. 53)

44

In section 50(10) (powers to control advertising), in the definition of “advertisement”, for the words from “whether” to “and references” substitute

whether— (a) documentary, (b) by way of sound broadcasting or television or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, or (c) by any pictorial means not falling within paragraph (a) or (b) above; and references

.

Financial Services Act 1986 (c. 60)

45

(1) In section 207 (interpretation)—

• (a) in subsection (2), after “television” insert “ or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service ”; and

• (b) omit subsection (4).

• (2) In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes excluded from activities constituting investment business)—

• (a) in sub-paragraph (1), for the words from “or teletext” onwards substitute “ included, or made for inclusion, in a programme service. ”; and

• (b) for sub-paragraph (2) substitute—

(2) In this paragraph— (a) “programme”, in relation to a programme service, includes an advertisement and any other item included in that service; and (b) “programme service” has the same meaning as in the Broadcasting Act 1990.

Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3))

46

In Article 2(2) (interpretation), in the definition of “newspaper”, for the words from “cable programme” onwards substitute “ programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service; ”.

Criminal Justice Act 1987 (c. 38)

47

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

Consumer Protection Act 1987 (c. 43)

48

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

Consumer Protection (Northern Ireland) Order 1987 (S.I.1987/2049 (N.I.20))

49

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

Copyright, Designs and Patents Act 1988 (c. 48)

50

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

Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915)

51

• (1) In regulation 2(1) (interpretation)—

• (a) omit the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”;

• (b) before the definition of “court” insert—

“the Commission” means the Independent Television Commission

;

• (c) for the definition of “licensed service” insert—

“licensed service” means— (a) in relation to a complaint made to the Commission, a service in respect of which the Commission have granted a licence under Part I or II of the Broadcasting Act 1990; and (b) in relation to a complaint made to the Radio Authority, a service in respect of which the Radio Authority have granted a licence under Part III of that Act; and “licensed local delivery service” means a service in respect of which the Commission have granted a licence under Part II of that Act;

; and

• (d) after the definition of “publication” insert—

“relevant body” means the Commission or the Radio Authority; “on S4C” has the same meaning as in Part I of the Broadcasting Act 1990; “the Welsh Authority” has the same meaning as in that Act;

.

• (2) In regulation 4(2) (exceptions to complaints to be considered by Director General of Fair Trading), for “the IBA or the Cable Authority” substitute “ the Commission, the Radio Authority or the Welsh Authority ”.

• (3) For regulations 8 to 11 substitute—

(8) (1) Subject to paragraph (2) below, it shall be the duty of a relevant body to consider any complaint made to it that any advertisement included or proposed to be included in a licensed service is misleading, unless the complaint appears to the body to be frivolous or vexatious. (2) The Commission shall not consider any complaint about an advertisement included or proposed to be included in a licensed local delivery service by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation. (3) A relevant body shall give reasons for its decisions. (4) In exercising the powers conferred on it by these Regulations a relevant body shall have regard to all the interests involved and in particular the public interest. (9) (1) If, having considered a complaint about an advertisement pursuant to regulation 8(1) above, it considers that the advertisement is misleading, a relevant body may, if it thinks it appropriate to do so, exercise in relation to the advertisement the power conferred on it— (a) where the relevant body is the Commission, by section 9(6) of the Broadcasting Act 1990 (power of Commission to give directions about advertisements), or (b) where the relevant body is the Radio Authority, by section 93(6) of that Act (power of Radio Authority to give directions about advertisements). (2) A relevant body may require any person appearing to it to be responsible for an advertisement which the body believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the body shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement. (3) If such evidence is not furnished to it following a requirement made by it under paragraph (2) above or if it considers such evidence inadequate, a relevant body may consider the factual claim inaccurate. (10) (1) Subject to paragraph (2) below, it shall be the duty of the Welsh Authority to consider any complaint made to them that any advertisement broadcast or proposed to be broadcast on S4C is misleading, unless the complaint appears to the Authority to be frivolous or vexatious. (2) The Welsh Authority shall not consider any complaint about an advertisement broadcast or proposed to be broadcast on S4C by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation. (3) The Welsh Authority shall give reasons for their decisions. (4) In exercising the powers conferred on them by these Regulations the Welsh Authority shall have regard to all the interests involved and in particular the public interest. (11) (1) If, having considered a complaint about an advertisement pursuant to regulation 10(1) above, they consider that the advertisement is misleading, the Welsh Authority may, if they think it appropriate to do so, refuse to broadcast the advertisement. (2) The Welsh Authority may require any person appearing to them to be responsible for an advertisement which the Authority believe may be misleading to furnish them with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the Authority shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement. (3) If such evidence is not furnished to them following a requirement made by them under paragraph (2) above or if they consider such evidence inadequate, the Welsh Authority may consider the factual claim inaccurate.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I.1988/1846 (N.I.16))

52

In Article 10 (restrictions on reporting applications for dismissal and preparatory hearings)—

• (a) in paragraph (1), for “broadcast or include in a cable programme” substitute “ include in a relevant programme for reception ”;

• (b) in paragraphs (5), (9) and (13), for “, broadcast or included in a cable programme” substitute “ or included in a relevant programme ”;

• (c) in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “ or include in a relevant programme ”;

• (d) in paragraph (12), for “broadcast or included in a cable programme” substitute “ included in a relevant programme ” and for “, broadcast or inclusion in a cable programme” substitute “ or inclusion in a relevant programme ”;

• (e) in paragraph (13), for sub-paragraphs (c) and (d) substitute—

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

; and

• (f) in paragraph (16), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).

Children Act 1989 (c. 41)

53

In section 97(5) (privacy for children involved in certain proceedings), for paragraph (a) of the definition of “publish” substitute—

(a) include in a programme service (within the meaning of the Broadcasting Act 1990);

.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))

54

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

SCHEDULE 21

SCHEDULE 22

Preservation of appointments of existing members of the Welsh Authority, the BCC and the BSC

1

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

Power to make provision with respect to complaints to the BCC or BSC

2

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

Power to make provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988

3

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

Saving of amendments made by Cable and Broadcasting Act 1984

4

The amendments made by paragraphs 12, . . ., 32 ... of Schedule 5 to the Cable and Broadcasting Act 1984 shall not be affected by the repeals made by this Act but shall continue to have effect, subject to any amendments made by Schedule 20 to this Act.

Transitional modification of amendments made by this Act

5

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

6

Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—