Broadcasting Act 1996

• (6) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

• (7) Where OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

• (8) Subject to subsection (9), section 111 of the 1990 Act (power to revoke licence granted under Chapter II of Part III of the 1990 Act) shall have effect in relation to a radio multiplex licence as it has effect in relation to a licence under Chapter II of Part III of the 1990 Act.

• (9) In its application in relation to a radio multiplex licence, section 111 of the 1990 Act shall have effect—

• (a) with the substitution in subsection (1)(a) for the reference to Part III of the 1990 Act of a reference to this Part, and

• (b) with the omission of subsection (4) and the reference to that subsection in subsection (6).

Digital sound programme services

Licensing of digital sound programme services

60

• (1) For the purposes of this Part a digital sound programme service is—

• (a) a “national digital sound programme service” if it is provided for broadcasting by means of a national radio multiplex service , by means of a television multiplex service or by means of a general multiplex service , and

• (b) a “local digital sound programme service” if it is provided for broadcasting by means of a local radio multiplex service.

• (2) A licence to provide digital sound programme services (in this Part referred to as a “digital sound programme licence”) may be either—

• (a) a licence to provide national digital sound programme services (in this Part referred to as a “national digital sound programme licence”), or

• (b) a licence to provide local digital sound programme services (in this Part referred to as a “local digital sound programme licence”).

• (3) An application for a digital sound programme licence shall—

• (a) be made in such manner as OFCOM may determine, and

• (b) be accompanied by such fee (if any) as they may determine.

• (4) At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

• (5) Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

• (6) Where an application for a digital sound programme licence is made to OFCOM in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

• (6A) Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.

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

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

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Duration and conditions of digital sound programme licence

61

• (1) Subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 62(10), a digital sound programme licence shall continue in force until it is surrendered by its holder.

• (2) A digital sound programme licence shall include such conditions as appear to OFCOM to be appropriate for requiring the holder of the licence—

• (a) on entering into any agreement with the provider of a radio multiplex service, of a television multiplex service or of a general multiplex service for the provision of a digital sound programme service to be broadcast by means of the multiplex service , to notify OFCOM —

• (i) of the identity of the multiplex service ,

• (ii) of the characteristics of the digital sound programme service to which the agreement relates, and

• (iii) of the period during which it will be provided,

• (b) when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii) or (iii), to notify OFCOM of the variation so far as relating to those matters, and

• (c) where he is providing a digital sound programme service to the provider of a radio multiplex service, of a television multiplex service or of a general multiplex service in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify OFCOM of that fact.

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

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

Enforcement of digital sound programme licences

62

• (1) If OFCOM are satisfied that the holder of a digital sound programme licence has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

• (a) a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM ,

• (b) a notice providing that the licence is to expire on a specified date, which shall be at least one year from the date of service of the notice, and

• (c) a notice suspending the licence for a specified period not exceeding six months.

• (2) The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a national digital sound programme licence shall not exceed the maximum penalty given by subsection (2A).

• (2A) The maximum penalty is whichever is the greater of—

• (a) £250,000; and

• (b) 5 per cent. of the aggregate amount of the shares of multiplex revenue attributable to him in relation to relevant multiplex services in respect of relevant accounting periods.

• (4) In subsection (2A) “relevant accounting period”, in relation to a relevant multiplex service, means the last accounting period of the multiplex provider .

• (5) Where, in the case of any relevant multiplex service , the first accounting period of the multiplex provider throughout which the holder of the digital sound programme licence provides a digital sound programme service for broadcasting by means of that relevant multiplex service (“the first period”) has not ended when the penalty is imposed, then for the purposes of this section the share of multiplex revenue attributable to the holder of the digital sound programme licence in relation to that relevant multiplex service for the relevant accounting period shall be taken to be the amount which OFCOM estimate to be the share of multiplex revenue attributable to him for the first period.

• (5A) A determination or estimate for the purposes of subsection (2A) or (5) above of the share of multiplex revenue attributable to a person in relation to national radio multiplex services is to be in accordance with section 57(2) and (3).

• (5B) A determination or estimate for the purposes of subsection (2A) or (5) above of the share of multiplex revenue attributable to a person in relation to television multiplex services or general multiplex services is to be in accordance with section 15(2) and (3).

• (5B) For the purposes of this section, a service is a relevant multiplex service if it is—

• (a) a national radio multiplex service;

• (b) a television multiplex service; or

• (c) a general multiplex service.

• (5C) In this section, “multiplex provider”—

• (a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and

• (b) in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.

• (6) The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a local digital sound programme licence shall not exceed £250,000 .

• (7) OFCOM shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

• (8) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

• (9) Where OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

• (10) Subject to subsections (11) and (12), sections 109, 111 and 111B of the 1990 Act (enforcement) shall apply in relation to a digital sound programme licence as they apply in relation to a licence under Chapter II of Part III of the 1990 Act.

• (11) In its application in relation to a digital sound programme licence, section 109(1) of the 1990 Act shall have effect with the substitution for the reference to a direction under Part III of that Act of a reference to a direction under this Part.

• (12) In its application in relation to a digital sound programme licence, section 111 of the 1990 Act shall have effect—

• (a) with the substitution for the reference in subsection (1)(a) to Part III of that Act of a reference to this Part, and

• (b) with the omission of subsection (4) and of the reference to that subsection in subsection (6).

• (13) It is hereby declared that any exercise by OFCOM of their powers under subsection (1) in respect of any failure to comply with any condition of a digital sound programme licence shall not preclude any exercise by OFCOM of their powers under section 109 of the 1990 Act in respect of that failure.

Digital additional services provided on sound broadcasting frequencies

Digital additional services

63

• (1) In this Part “digital additional service” means any service which—

• (a) is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

• (aa) is so provided with a view to the broadcasting being by means of a radio multiplex service or by means of a general multiplex service; and

• (b) is not a digital sound programme service, a simulcast radio service, a television licensable content service, an ancillary service, a relevant ancillary service within the meaning of section 232 of the Communications Act 2003 or a technical service.

• (2) In this Part “ancillary service” (except in the expression “relevant ancillary service”) means any service which is provided by the holder of a digital sound programme licence or by an independent national broadcaster and consists in the provision of any service (other than advertising) which—

• (a) is ancillary to programmes included in a digital sound programme service or simulcast radio service provided by him and is directly related to their contents, or

• (b) relates to the promotion or listing of such programmes.

• (3) In this Part “technical service” means a service which—

• (a) is provided for technical purposes connected with the encryption or decryption of one or more digital sound programme services or digital additional services , television licensable content services , and

• (b) is of a description specified in an order made by the Secretary of State.

• (3A) In this section “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003.

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

Licensing of digital additional services

64

• (1) An application for a licence to provide digital additional services (in this Part referred to as a “digital additional services licence”) shall—

• (a) be made in such manner as OFCOM may determine, and

• (b) be accompanied by such fee (if any) as they may determine.

• (2) At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

• (3) Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

• (4) Where an application for a digital additional services licence is made to OFCOM in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

Duration and conditions of digital additional services licence

65

• (1) Subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 66(10), a digital additional services licence shall continue in force until it is surrendered by its holder.

• (2) A digital additional services licence shall include such conditions as appear to OFCOM to be appropriate for requiring the holder of the licence—

• (a) on entering into any agreement with the provider of a radio multiplex service or of a general multiplex service for the provision of digital additional services to be broadcast by means of the multiplex service , to notify OFCOM —

• (i) of the identity of the multiplex service ,

• (ii) of the period during which the services will be provided, and

• (iii) where under the agreement the holder of the digital additional services licence will be entitled to the use of a specified amount of digital capacity, of that amount,

• (b) when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii) or (iii) to notify OFCOM of the variation so far as relating to those matters, and

• (c) where he is providing digital additional services to the provider of a radio multiplex service or of a general multiplex service in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify OFCOM of that fact.

Enforcement of digital additional services licences

66

• (1) If OFCOM are satisfied that the holder of a digital additional services licence has failed to comply with any condition of the licence or with any direction given by OFCOM under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

• (a) a notice requiring him to pay, within a specified period, a specified financial penalty to OFCOM ,

• (b) a notice providing that the licence is to expire on a specified date, which shall be at least one year from the date of service of the notice, or

• (c) a notice suspending the licence for a specified period not exceeding six months.

• (2) Subject to subsection (4), the amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a digital additional services licence shall not exceed the maximum penalty given by subsection (2A).

• (2A) The maximum penalty is whichever is the greater of—

• (a) £250,000; and

• (b) 5 per cent. of the aggregate amount of the shares of multiplex revenue attributable to him in relation to relevant multiplex services in respect of relevant accounting periods.

• (4) Where the holder of a digital additional services licence has not provided any digital additional services for broadcasting by means of a relevant multiplex service , the amount of any penalty imposed on him under subsection (1)(a) shall not exceed £250,000 .

• (5) In subsection (2A) “relevant accounting period”, in relation to a relevant multiplex service, means the last accounting period of the multiplex provider .

• (6) Where, in the case of any relevant multiplex service , the first accounting period of the multiplex provider throughout which the holder of the digital additional services licence provides a digital additional service for broadcasting by means of that relevant multiplex service (“the first period”) has not ended when the penalty is imposed, then for the purposes of this section the share of multiplex revenue attributable to the holder of the digital additional services licence in relation to that relevant multiplex service for the relevant accounting period shall be taken to be the amount which OFCOM estimate to be the share of multiplex revenue attributable to him for the first period.

• (6A) A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to national radio multiplex services is to be in accordance with section 57(2) and (3).

• (6B) A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to general multiplex services is to be in accordance with section 15(2) and (3).

• (6B) For the purposes of this section, a service is a relevant multiplex service if it is—

• (a) a national radio multiplex service; or

• (b) a general multiplex service.

• (6C) In this section, “multiplex provider”—

• (a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and

• (b) in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.

• (7) OFCOM shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

• (8) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

• (9) Where OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

• (10) Subject to subsections (11) and (12), section 109 (power to require scripts etc. or broadcasting of correction or statement of findings or not to repeat programme) and section 111 (power to revoke licences) of the 1990 Act shall apply in relation to a digital additional services licence as they apply in relation to a licence under Chapter II of Part III of the 1990 Act.

• (11) In its application in relation to a digital additional services licence, section 109(1) of the 1990 Act shall have effect with the substitution for the reference to a direction under Part III of that Act of a reference to a direction under this Part.

• (12) In its application in relation to a digital additional services licence, section 111 of the 1990 Act shall have effect—

• (a) with the substitution for the reference in subsection (1)(a) to Part III of that Act of a reference to this Part, and

• (b) with the omission of subsection (4) and of the reference to that subsection in subsection (6).

• (13) It is hereby declared that any exercise by OFCOM of their powers under subsection (1) in respect of any failure to comply with any condition of a digital additional services licence shall not preclude any exercise by OFCOM of their powers under section 109 of the 1990 Act in respect of that failure.

Miscellaneous and supplemental

Review of digital radio broadcasting

67

• (1) For the purpose of considering for how long it would be appropriate for sound broadcasting services to continue to be provided in analogue form, the Secretary of State—

• (a) shall keep under review the extent of—

• (i) the provision in the United Kingdom of radio multiplex services,

• (ii) the availability in the United Kingdom of digital sound programme services and the availability there in digital form of national services (within the meaning of Part III of the 1990 Act) and the sound broadcasting services of the BBC, and

• (iii) the ownership or possession in the United Kingdom of equipment capable of receiving the services referred to in sub-paragraph (ii) when broadcast or transmitted in digital form,

and the likely future extent of such provision, such availability and such ownership or possession, and

• (b) shall, on or before the fourth anniversary of the day on which the first national radio multiplex licence is granted under section 47, and at such time or times thereafter as he thinks fit, require OFCOM and the BBC to report to him on the matters referred to in paragraph (a).

• (2) If OFCOM or the BBC are required to submit a report under subsection (1)(b), they shall submit the report within twelve months of the date of the requirement.

• (3) Before making any report under this subsection (1)(b), OFCOM shall consult—

• (a) the holders of all radio multiplex licences,

• (b) the holders of digital sound programme licences who are providing digital sound programme services which are being broadcast, and

• (c) such other persons providing services licensed by OFCOM under this Part or Part III of the 1990 Act as the Authority think fit,

and OFCOM shall include in their report a summary of representations made to them by the persons consulted.

• (4) For the purpose mentioned in subsection (1), the Secretary of State shall, on requiring reports under subsection (1)(b), consult—

• (a) such persons appearing to him to represent listeners as he thinks fit, and

• (b) such other persons as he thinks fit,

in connection with the matters referred to in subsection (1)(a) and also, if the Secretary of State thinks fit, as to the likely effects on listeners of any sound broadcasting service ceasing to be broadcast in analogue form.

• (5) In this section “sound broadcasting service” has the same meaning as in Part III of the 1990 Act.

Promotion of equal opportunities and fair treatment

68

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

Power to vary amount of financial penalties

69

• (1) The Secretary of State may by order amend any of the provisions specified in subsection (2) by substituting a different sum for the sum for the time being specified there.

• (2) The provisions referred to in subsection (1) are—

• (a) section 53(5)(a) and (b)(i);

• (b) section 59(2A)(a) and (4);

• (c) section 62(2A)(a) and (6); and

• (d) section 66(2A)(a) and (4).

• (3) No order is to be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Computation of multiplex revenue

70

Part II of Schedule 1 (which contains provisions relating to the computation of multiplex revenue for the purposes of this Part) shall have effect.

Certain receipts of Authority to be paid into Consolidated Fund

71

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

Interpretation of Part II

72

• (1) In this Part (unless the context otherwise requires)—

• “ancillary service” has the meaning given by section 63(2);

• ...

• “digital additional service” has the meaning given by section 63(1), and “digital additional services licence” means a licence to provide such services;

• “digital sound programme service” has the meaning given by section 40(5), and “digital sound programme licence” means a licence to provide such services;

• “general multiplex service” has the same meaning as in Part 3 of the Communications Act 2003;

• “independent national broadcaster” has the meaning given by section 41(1);

• “licence” means a licence under this Part, and “licensed” shall be construed accordingly;

• “local digital sound programme service” and “national digital sound programme service” shall be construed in accordance with section 60(1) and “local digital sound programme licence” and “national digital sound programme licence” mean a licence to provide local digital sound programme services and a licence to provide national digital sound programme services respectively;

• “local radio multiplex service” and “national radio multiplex service” shall be construed in accordance with section 40(4), and “local radio multiplex licence” and “national radio multiplex licence” mean a licence to provide a local radio multiplex service and a licence to provide a national radio multiplex service respectively;

• “radio multiplex licence” means a licence to provide a radio multiplex service;

• “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003;

• “the radio transfer date” has the same meaning as in the Communications Act 2003;

• “simulcast radio service” has the meaning given by section 41(2);

• “technical service” has the meaning given by section 63(3).

• “television licensable content service” has the meaning given by section 232 of the Communications Act 2003;

• “television multiplex service” has the meaning given by section 241 of the Communications Act 2003.

• (2) Any reference in this Part to an area in the United Kingdom does not include an area which comprises or includes the whole of England; and nothing in this Part shall be read as precluding a local radio multiplex service from being provided for an area or locality that is to any extent comprised in the area or locality for which another local radio multiplex service is to be provided.

• (3) Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.

Part III — Amendments of the Broadcasting Act 1990

Restrictions on holding of licences

Restrictions on holding of licences

73

Schedule 2 (which makes amendments of the 1990 Act relating to restrictions on the holding of licences under that Act or under Part I or II) shall have effect.

Regional Channel 3 services

Provision of news programmes by holders of regional Channel 3 licences

74

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

Appointment of news provider by holders of regional Channel 3 licences

75

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

Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990

76

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

Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision

77

• (1) After section 194 of the 1990 Act there is inserted—

(194A) (1) In this section a “relevant agreement” means an agreement— (a) which is made between all holders of regional Channel 3 licences for securing the appointment by them, in accordance with conditions included in their licences by virtue of section 31A(a), of a single body corporate to be the appointed news provider for the purposes of section 31(2), or (b) which is made between them and the body corporate appointed to be the appointed news provider for the purposes of section 31(2) for purposes connected with the appointment. (2) If a relevant agreement is registered under the Restrictive Trade Practices Act 1976 (“the 1976 Act”), the Director General of Fair Trading shall report to the Secretary of State as to whether it appears to the Director that the agreement falls within subsection (4). (3) If, on receiving a report under subsection (2), it appears to the Secretary of State that the agreement falls within subsection (4), he may give a direction to the Director requiring him not to make an application to the Restrictive Practices Court under Part I of the 1976 Act in respect of the relevant agreement. (4) A relevant agreement falls within this subsection if— (a) those provisions of the agreement by virtue of which the 1976 Act applies to the agreement do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition, or (b) all or any of those provisions have, or are intended or likely to have, that effect to a significant extent, but that the effect is not greater than is necessary— (i) in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of section 31(2), or (ii) in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of section 31(1) and (2). (5) The Secretary of State may vary or revoke any direction given under subsection (3) above if he satisfied that there has been a material change of circumstances such that— (a) the grounds for the direction have ceased to exist, or (b) there are grounds for giving a different direction; and where the Secretary of State so varies or revokes any direction, he shall give notice of the variation or revocation to the Director. (6) In this section— (a) “agreement” and “Director” have the same meaning as in the 1976 Act, and (b) “regional Channel 3 licence” has the same meaning as in Part I.

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

Variation of regional Channel 3 licence following change of control

78

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Powers of Commission in relation to modification or replacement of networking arrangements

79

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Channel 4 and S4C

Funding of Sianel Pedwar Cymru

80

• (1) For section 61 of the 1990 Act there is substituted—

(61) (1) The Secretary of State shall, in the year 1998 and in each subsequent year, pay to the Welsh Authority the prescribed amount as increased by the appropriate percentage. (2) In this section “the prescribed amount” means the 1997 amount or such amount as may from time to time be prescribed under subsection (4). (3) In this section “the 1997 amount” means the amount paid by the Secretary of State to the Welsh Authority by way of interim payment for the year 1997 (under this section as originally enacted). (4) The Secretary of State may, if he is satisfied that it is appropriate to do so having regard to the cost to the Welsh Authority of transmitting S4C and the service referred to in section 57(1A)(a), by order provide that the prescribed amount is to be an amount which is greater than the 1997 amount and is specified in the order. (5) Before making an order under subsection (4) the Secretary of State shall consult the Welsh Authority. (6) In this section “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between— (a) the retail prices index for November 1996, and (b) the retail prices index for the month of November in the year preceding the relevant year; and for this purpose “the retail prices index” has the same meaning as in section 19(10). (7) Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament. (8) An order shall not be made under subsection (4) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (2) In section 62 of the 1990 Act for “sections 26 and 61” there is substituted “ section 26 ”.

• (3) Subsections (1) and (2) shall not have effect in relation to payments for any year before 1998.

• (4) No payment shall be made to or by the Welsh Authority under subsection (3) or (4) of section 61 of the 1990 Act (as originally enacted) for the year 1997; and in this subsection “the Welsh Authority” has the same meaning as in the 1990 Act.

Public service fund of Sianel Pedwar Cymru

81

• (1) After section 61 of the 1990 Act there is inserted—

(61A) (1) The Welsh Authority shall not exercise their powers under section 57(1A)(b) before such date (in this section referred to as “the notified date”) as they may notify to the Secretary of State for the purposes of this section. (2) All amounts received by the Welsh Authority under section 61 on or after the notified date shall be kept by the Authority in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of their functions under section 57(1) or (1A)(a). (3) No S4C company shall receive any direct or indirect subsidy from the public service fund. (4) The Welsh Authority shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast on S4C or in the service referred to in section 57(1A)(a). (5) On the notified date— (a) all the assets then held by the Welsh Authority other than cash, together with the appropriate proportion of any cash then held by them, shall be taken to be comprised in the public service fund, and (b) the remainder of any cash then held by the Authority shall be taken to be comprised in a general fund. (6) In subsection (5)(a) “the appropriate proportion” means the proportion which, in the last financial year in respect of which a statement of accounts has been prepared under paragraph 12(1) of Schedule 6 before the notified date, the total amount received by the Welsh Authority under section 61 bears to the total amount of its income from all sources.

• (2) In paragraph 12 of Schedule 6 of the 1990 Act (accounts and audit) after sub-paragraph (1) there is inserted—

(1A) The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with the general fund referred to in subsection (5)(b) of that section.

.

Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation

82

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Application of excess revenues of Channel Four Television Corporation

83

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

Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru

84

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

Miscellaneous amendments relating to television broadcasting

Restricted television services

85

After section 42 of the 1990 Act there is inserted—

(42A) In this Part “restricted service” means a service which— (a) consists in the broadcasting of television programmes for a particular establishment or other defined location, or a particular event, in the United Kingdom, and (b) is provided on a frequency or frequencies assigned to the Commission under section 65. (42B) (1) An application for a licence to provide a restricted service shall be made in such manner as the Commission may determine, and shall be accompanied by such fee (if any) as the Commission may determine. (2) Subject to subsections (3) and (4), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service. (3) In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall not exceed whichever is the greater of— (a) £50,000, and (b) the amount determined under subsection (4). (4) The amount referred to in subsection (3)(b) is— (a) in a case where a penalty under section 41(1)(a) has not previously been imposed on the holder of the licence during any period for which his licence has been in force (“the relevant period”), 3 per cent. of the qualifying revenue for his last complete accounting period (as determined in accordance with section 19(2) to (6)); and (b) in any other case, 5 per cent. of the qualifying revenue for that accounting period (as so determined); and in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Commission estimate to be the qualifying revenue for that accounting period (as so determined).

Award of certain licences subject to conditions

86

• (1) After section 17 of the 1990 Act there is inserted—

(17A) (1) The Commission may, when awarding a Channel 3 licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to— (a) any duties which are or may be imposed on them, or on the licence holder, by or under this Act, and (b) any information provided to them under section 15(3)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force. (2) Where the Commission determine that any condition imposed by them in relation to a Channel 3 licence in pursuance of subsection (1) has not been satisfied, section 17 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it. (3) Section 17 shall not so have effect if the Commission decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.

• (2) In section 51 of the 1990 Act (procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences to provide additional services), in subsection (3)—

• (a) for “section 17” there is substituted “ sections 17 and 17A ”, and

• (b) for “it applies” there is substituted “ they apply ”.

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

Ancillary services

87

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

Enforcement of licences to provide non-domestic satellite services

88

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

Power of Independent Television Commission to suspend licence to provide non-domestic satellite service

89

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

Enforcement of licences to provide licensable programme services

90

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

Certain delivery services to carry certain broadcasts

91

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Sound broadcasting

Renewal of licences to provide national radio services

92

After section 103 of the 1990 Act there is inserted—

(103A) (1) A national licence may (subject to the following provisions of this section) be renewed on one occasion for a period of eight years beginning with the date of renewal. (2) An application for the renewal of a national licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the relevant date. (3) Where any such application is made before the relevant date— (a) if no simulcast radio service provided by the applicant is being broadcast in digital form when the application is made, the Authority shall postpone the consideration of the application until the relevant date or, if earlier, the date on which the broadcasting of such a service in that form begins, and (b) in any other case, the Authority may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8). (4) Where an application for the renewal of a national licence has been duly made to the Authority, they shall (subject to subsection (5)) grant the application if, but only if— (a) the Authority are satisfied that the applicant would, if his licence were renewed, provide a national service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), (b) the applicant has given notice to the Authority under section 41(2)(a) of the Broadcasting Act 1996 of his intention to provide a service for broadcasting in digital form, and (c) a simulcast radio service provided by the applicant is being broadcast in digital form or the Authority are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as the Authority consider reasonable. (5) Section 100(4) to (6) shall apply in relation to an applicant for the renewal of a national licence as those provisions apply in relation to such an applicant as is mentioned in section 100(4), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section. (6) On the grant of any application under this section the Authority— (a) may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin; (b) shall determine an amount which is to be payable to the Authority by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and (c) may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed. (7) The amount determined by the Authority under subsection (6)(b) in connection with the renewal of a licence shall be such amount as would, in their opinion, be payable to them by virtue of section 102(1)(a) if they were granting a fresh licence to provide the national service in question. (8) Where the Authority have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable (whether because subsection (3)(a) precluded the consideration of the application before that date or for any other reason), as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— (a) any date determined by them under subsection (6)(a), (b) the amount determined by them under subsection (6)(b), and (c) any percentage specified by them under subsection (6)(c), and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms. (9) Where a national licence has been renewed under this section— (a) any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed— (i) as if the amount determined by the Authority under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and (ii) subject to any determination made under subsection (6)(c); (b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force; (c) where the Authority have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; and (d) the reference in section 111(4) to the end of the period for which a national licence is to continue in force shall, in relation to the licence, be construed as a reference to the end of the period for which it has been renewed. (10) Subsections (6)(a) and (9)(c) do not prejudice the generality of section 48(3)(b) of the Broadcasting Act 1996 (power to vary national licence to include conditions relating to digital broadcasting). (11) In this section— - “simulcast radio service” has the same meaning as in Part II of the Broadcasting Act 1996; - “the relevant date”, in relation to a national licence, means the date which the Authority determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.

Variation of local radio licence following change of control

93

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Renewal of licences to provide local radio services

94

• (1) After section 104 of the 1990 Act there is inserted—

(104A) (1) A local licence may (subject to the following provisions of this section) be renewed on one occasion for a period of eight years beginning with the date of renewal. (2) No application for the renewal of a local licence under subsection (1) may be made before the Authority first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service. (3) Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the relevant date. (4) The applicant must, in his application or at any time before the consideration of his application, nominate— (a) a local digital sound programme service provided or to be provided by him, and (b) a relevant local radio multiplex service, but may not nominate together a local digital sound programme service and a local radio multiplex service if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service. (5) Where an application for the renewal of a local licence has been duly made to the Authority, they shall grant the application if— (a) they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), and (b) the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service. (6) Where the condition specified in subsection (5)(a) is satisfied, the Authority may grant the application even though the condition specified in subsection (5)(b) is not satisfied if— (a) the applicant holds a licence to provide local digital sound programme services, (b) a licence to provide the nominated local radio multiplex service has been awarded, and (c) it appears to the Authority that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service. (7) The Authority may in any case postpone consideration of the application until the relevant date. (8) If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, the Authority may postpone consideration of the application for such period not exceeding twelve months as they think appropriate. (9) Where the Authority postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of the Authority under this subsection. (10) On the grant of any application under this section the Authority shall— (a) where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service, determine a date by which that service must have begun to be so broadcast; and (b) specify a fee payable to the Authority in respect of the renewal. (11) Where the Authority have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— (a) any date determined by them under subsection (10)(a), and (b) the renewal fee specified by them under subsection (10)(b), and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms. (12) Where the Authority renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service throughout the period beginning with whichever is the later of— (a) the date on which the licence would expire if not renewed, and (b) any date determined by them under subsection (10)(a), and ending with the date on which the licence (as renewed) is to expire. (13) In this section— (a) “local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996; (b) “nominated” means nominated by the applicant under subsection (4); (c) “relevant date”, in relation to a local licence, means the date which the Authority determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; and (d) “relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose “coverage area”, in relation to a service, has the meaning given by paragraph 3A of Part I of Schedule 2. (104B) (1) Where— (a) a local licence is due to expire (otherwise than by virtue of section 110), (b) the local service provided under the licence falls within category B, C or D of the Table in paragraph 9 of Part III of Schedule 2, and (c) the Authority propose to grant a further licence to provide the service in question, the Authority may if they think fit publish a notice under subsection (2) instead of a notice under section 104(1). (2) A notice under this subsection is a notice— (a) stating that the Authority propose to grant a further licence to provide a specified local service, (b) specifying the area or locality in the United Kingdom for which the service is to be provided, (c) inviting declarations of intent to apply for a licence to provide the service, (d) specifying the closing date for such declarations, and (e) specifying— (i) the application fee payable on any declaration made in pursuance of the notice, and (ii) a deposit of such amount as the Authority may think fit. (3) A declaration of intent made in pursuance of a notice under subsection (2) must be in writing and accompanied by the application fee and deposit specified under subsection (2)(e)(i) and (ii). (4) Where the Authority receive a declaration of intent in accordance with the provisions of this section from a person other than the licence holder in relation to the service in question, they shall— (a) publish a notice under section 104(1), (b) specify— (i) in relation to persons who have made a declaration of intent in accordance with the provisions of this section, no further application fee, and (ii) in relation to all other applicants, an application fee of the same amount as the fee referred to in subsection (2)(e)(i), and (c) repay the deposit referred to in subsection (2)(e)(ii) to every person— (i) who has made a declaration of intent in accordance with the provisions of this section, and (ii) who duly submits an application in pursuance of the notice referred to in paragraph (a). (5) Where the Authority receive a declaration of intent in accordance with the provisions of this section from the licence holder in relation to the service in question, and no such declaration from any other person, they shall— (a) invite the licence holder to apply for the licence in such manner as they may determine (but without requiring any further application fee), and (b) on receiving an application duly made by him, repay to him the deposit referred to in subsection (2)(e)(ii). (6) The Secretary of State may by order amend subsection (1) by removing any of the categories of local service for the time being specified in that subsection, or by substituting for any of such categories any one or more categories of local service set out in the Table in paragraph 9 of Part III of Schedule 2. (7) Any order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In section 104 of the 1990 Act (applications for licences other than national licences), subsections (5) and (6)(a) shall cease to have effect.

Financing of Gaelic sound programmes

95

• (1) Section 183 of the 1990 Act (financing of television programmes in Gaelic out of Gaelic Television Fund) is amended as mentioned in subsections (2) to (6).

• (2) In subsection (2), for “Gaelic Television Fund” there is substituted “ Gaelic Broadcasting Fund ”.

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

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

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

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

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

Power of Radio Authority to suspend licence to provide satellite service

96

After section 111A of the 1990 Act there is inserted—

(111B) (1) If the Authority are satisfied— (a) that the holder of a licence to provide a satellite service has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder, (b) that he has thereby failed to comply with the condition included in the licence in pursuance of section 90(1)(a), and (c) that the failure is such as to justify the revocation of the licence, they shall serve on the holder of the licence a notice under subsection (2). (2) A notice under this subsection is a notice— (a) stating that the Authority are satisfied as mentioned in subsection (1), (b) specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection, (c) stating that the Authority may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder, (d) informing the licence holder of his right to make representations to the Authority within that period about the matters complained of, and (e) suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or the Authority decide not to revoke the licence. (3) If the Authority, having considered any representations about the matters complained of made to them within the period referred to in subsection (2)(c) by the licence holder, are satisfied that it is necessary in the public interest to revoke the licence in question, they shall serve on the licence holder a notice revoking the licence. (4) A notice under subsection (3) shall not take effect until the end of the period of twenty-eight days beginning with the day on which that notice was served on the licence holder. (5) Section 111 shall not have effect in relation to the revocation of a licence in pursuance of a notice under subsection (1).

Part IV — Sporting and other events of national interest

Listed events

97

• (1) For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.

• (2) The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (1) unless he has first consulted—

• (a) the BBC,

• (b) S4C,

• (c) the Commission, and

• (d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

• (3) As soon as he has drawn up or revised such a list as is mentioned in subsection (1), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—

• (a) the persons mentioned in subsection (2), and

• (b) every person who is the holder of a licence granted ... under Part I of the 1990 Act or a digital programme licence granted ... under Part I of this Act , and

• (c) such other persons as the Secretary of State considers appropriate.

• (4) In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.

• (5) The addition of any relevant event to such a list as is mentioned in subsection (1) shall not affect—

• (a) the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed addition, or

• (b) the exercise of any rights acquired under such a contract.

• (6) The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.

Categories of service

98

• (1) For the purposes of this Part, television programme services ... shall be divided into two categories as follows—

• (a) those television programme services and ... which for the time being satisfy the qualifying conditions, and

• (b) all other television programme services ....

For the purposes of this Part, relevant services are divided into two categories as follows—

• (a) those relevant services which for the time being fall within subsection (1A) or (2A), and

• (b) all other relevant services.

• (1A) A television programme service falls within this subsection if it is—

• (a) a service provided by the BBC or a BBC company otherwise than with a view to generating a profit,

• (b) a Channel 3 service, Channel 4 or Channel 5,

• (c) S4C Digital, or

• (d) a service, other than a Channel 3 service, Channel 4, Channel 5 or S4C Digital, which is provided by the provider of one of those services or by a Channel 4 company, S4C company or body corporate controlled by the provider of a Channel 3 service or Channel 5,

and it satisfies the conditions in subsection (2).

• (2) In this section “the qualifying conditions”, in relation to a service, means the conditions—

• (a) that the service is provided without any consideration being required for reception of the service, and

• (b) that the service is received by at least 95 per cent. of the population of the United Kingdom.

The conditions in this subsection are—

• (a) that the television programme service may be received free of charge;

• (b) that, in the case of a service described in subsection (1A)(d), the provider’s latest statement of programme policy under—

• (i) section 266 or 267 of the Communications Act 2003, or

• (ii) paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

• (2A) A relevant service falls within this subsection if—

• (a) it is or forms part of a designated internet programme service,

• (b) where it is a service that forms part of a designated internet programme service, it satisfies the conditions in subsection (2B), and

• (c) it and the programmes included in it may be accessed free of charge.

• (2B) The conditions are—

• (a) that the relevant service is provided by—

• (i) the BBC or a person associated with the BBC otherwise than with a view to generating a profit,

• (ii) the provider of a Channel 3 service, Channel 4 or Channel 5,

• (iii) S4C, or

• (iv) a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);

• (b) that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;

• (c) that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under—

• (i) section 266 or 267 of the Communications Act 2003, or

• (ii) paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

• (2C) Where a relevant service would satisfy the conditions in subsection (2A) but for access to some of the programmes included in the service not being free of charge—

• (a) so much of the service as includes programmes that may be accessed free of charge, and

• (b) the remainder of the service,

are to be regarded as separate relevant services for the purposes of this Part.

• (2D) Section 362AZ12 (6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2B) as it applies for the purposes of Part 3A of that Act.

• (3) There shall be disregarded for the purposes of subsection (2)(a) , (2A) or (2C) any fee payable in respect of a licence for the purposes of section 363 of the Communications Act 2003.

• (4) The condition in subsection (2)(b)

• (a) is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

• (b) is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

• (5) OFCOM shall from time to time publish a list of the television programme services ... which appear to them to satisfy the qualifying conditions relevant services which appear to them to fall within subsection (1A) or (2A).

• (5A) The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).

• (5B) An amendment made by regulations under this section does not affect—

• (a) the validity of any contract entered into before the regulations came into force, or

• (b) the exercise of any rights acquired under such a contract.

• (5C) Regulations under subsection (5A) may make transitional, transitory or saving provision.

• (5D) A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

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

• (7) In this Part, “relevant service” means—

• (a) a television programme service;

• (b) an on-demand programme service;

• (c) a non-UK on-demand programme service;

• (d) a service, or a dissociable section of a service, which has the following characteristics—

• (i) its principal purpose is the provision of programmes;

• (ii) the programmes it provides are accessed by means of the internet;

• (iii) there is a person who has general control over what programmes are included in the service or the dissociable section of the service (see subsection (8));

• (iv) it is made available by that person for use by members of the public;

• (v) the members of the public who use the service, or the dissociable section of the service, are or include members of the public in the United Kingdom;

• (vi) it is not a television programme service, on-demand programme service or non-UK on-demand programme service;

• (vii) it is not a service of the kind described in section 362AA(10)(c) of the Communications Act 2003 (internet programme services which provide programmes by means of an on-demand programme service or non-UK on-demand programme service and at least one other service).

• (8) The person by reference to whom the requirement in subsection (7)(d)(iii) is satisfied need not have control of the contents of individual programmes or of the distribution of the service.

• (9) In this section, “programme” means such programme as is described in section 368ZA of the Communications Act 2003.

Contract for exclusive right to televise listed event to be void

99

• (1) Any contract entered into after the commencement of this section under which a television programme provider acquires rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or in any area of the United Kingdom, shall be void so far as it purports, in relation to the whole or any part of the event or in relation to reception in the United Kingdom or any area of the United Kingdom, to grant those rights exclusively to any one television programme provider.

Any contract entered into on or after the day on which section 21 of the Media Act 2024 comes into force which grants rights to include in a relevant service live coverage of the whole or any part of a Group A event for reception in, or in order to be accessed by members of the public in, the United Kingdom or any area of the United Kingdom is void so far as it purports—

• (a) in relation to the whole or any part of the event, or

• (b) in relation to reception, or access by means of the internet, in the United Kingdom or any part of the United Kingdom,

to grant those rights exclusively.

• (2) In this Part “television programme provider” means the BBC, S4C or any person who is the holder of any licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act.

• (3) For the purposes of this section rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider are granted exclusively if the person granting them—

• (a) has not granted any right to televise the whole or, as the case may be, that part of the event live for reception in that area to any other television programme provider , to any CTT broadcaster or on an exempt Irish service, and

• (b) is precluded by the terms of the contract from doing so.

For the purposes of this section, rights for a relevant service (“the first service”) to include live coverage of all or part of a Group A event in that service for reception in, or in order to be accessed by members of the public in, the United Kingdom or any area of the United Kingdom are granted exclusively if the person granting them—