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Royal arms

Broadcasting Act 1990 (c. 42)

1990 CHAPTER 42

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Independent Television Services

    1. Chapter 1

      Regulation by Commission of Television Services Generally

      1. Establishment of Independent Television Commission

        1. 1. The Independent Television Commission.

      2. Function of Commission

        1. 2. Regulation by Commission of provision of television services.

      3. General provisions about licences

        1. 3. Licences under Part I.

        2. 4. General licence conditions.

        3. 5. Restrictions on the holding of licences.

      4. General provisions about licensed services

        1. 6. General requirements as to licensed services.

        2. 7. General code for programmes.

        3. 8. General provisions as to advertisements.

        4. 9. Control of advertisements.

        5. 10. Government control over licensed services.

        6. 11. Monitoring by Commission of programmes included in licensed services.

        7. 12. Audience research.

      5. Prohibition on providing unlicensed television services

        1. 13. Prohibition on providing television services without a licence.

    2. Chapter II

      Television Broadcasting on Channels 3, 4 and 5

      1. Channel 3

        1. 14. Establishment of Channel 3.

        2. 15. Applications for Channel 3 licences.

        3. 16. Procedure to be followed by Commission in connection with consideration of applications for licences.

        4. 17. Award of licence to person submitting highest cash bid.

        5. 18. Failure to begin providing licensed service and financial penalties on revocation of licence.

        6. 19. Additional payments to be made in respect of Channel 3 licences.

        7. 20. Duration and renewal of Channel 3 licences.

        8. 21. Restriction on changes in control over Channel 3 licence holder.

        9. 22. Temporary provision of regional Channel 3 service for additional area.

      2. Channel 4

        1. 23. The Channel Four Television Corporation.

        2. 24. Channel 4 to be provided by Corporation as licensed service.

        3. 25. Conditions to be included in Channel 4 licence.

        4. 26. Revenue deficits of Corporation to be funded by Channel 3 licensees.

        5. 27. Application of excess revenues of Corporation.

      3. Channel 5

        1. 28. Channel 5.

        2. 29. Application to Channel 5 of provisions relating to Channel 3.

        3. 30. Initial Channel 5 licensee required to retune equipment susceptible to interference.

      4. Provision of news programmes

        1. 31. Provision of news on Channels 3 and 5.

        2. 32. Nomination of bodies to provide news for regional Channel 3 services.

      5. Miscellaneous provisions relating to Channels 3, 4 and 5

        1. 33. Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service.

        2. 34. Schools programmes.

        3. 35. Subtitling for the deaf.

        4. 36. Party political broadcasts.

        5. 37. Announcements of programme schedules.

        6. 38. Promotion of equal opportunities in relation to employment by licence holder.

        7. 39. Networking arrangements between holders of regional Channel 3 licences.

      6. Enforcement of licences

        1. 40. Power to direct licensee to broadcast correction or apology or not to repeat programme.

        2. 41. Power to impose financial penalty or shorten licence period.

        3. 42. Power to revoke Channel 3 or 5 licence.

    3. Chapter III

      Satellite Television Services

      1. 43. Domestic and non-domestic satellite services.

      2. 44. Licensing etc. of domestic satellite services.

      3. 45. Licensing etc. of non-domestic satellite services.

    4. Chapter IV

      Licensable Programme Services

      1. 46. Licensable programme services.

      2. 47. Licensing etc. of licensable programme services.

    5. Chapter V

      Additional Services Provided on Television Broadcasting Frequencies

      1. 48. Additional services.

      2. 49. Licensing of additional services.

      3. 50. Applications for additional services licences.

      4. 51. Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences.

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

      6. 53. Duration of licences, and renewal of licences for provision of services on assigned frequencies.

      7. 54. Additional services not to interfere with other transmissions.

      8. 55. Enforcement of additional services licences.

    6. Chapter VI

      Television Broadcasting by Welsh Authority

      1. 56. Welsh Authority to continue in existence as Sianel Pedwar Cymru.

      2. 57. Function and duties of Welsh Authority.

      3. 58. Sources of programmes for S4C.

      4. 59. Requirements to be complied with in relation to S4C programmes.

      5. 60. Advertising on S4C.

      6. 61. Funding of Welsh Authority.

      7. 62. Information to be supplied to Commission by Welsh Authority.

      8. 63. Government control over S4C.

      9. 64. Audience research by Welsh Authority.

    7. Chapter VII

      Supplemental

      1. 65. Assignment of frequencies by Secretary of State.

      2. 66. Requirements relating to transmission and distribution of services.

      3. 67. Computation of qualifying revenue.

      4. 68. Certain receipts of Commission to be paid into Consolidated Fund.

      5. 69. Frequency planning and research and development.

      6. 70. Representation by Commission of Government and other interests in connection with broadcasting matters.

      7. 71. Interpretation of Part I.

  2. Part II

    Local Delivery Services

    1. Preliminary

      1. 72. Local delivery services.

    2. Licensing of local delivery services

      1. 73. Licensing of local delivery services.

      2. 74. Applications for local delivery licences.

      3. 75. Procedure to be followed by Commission in connection with consideration of applications for licences.

      4. 76. Award of licence to person submitting highest cash bid.

      5. 77. Additional payments to be made in respect of local delivery licences.

      6. 78. Duration and renewal of local delivery licences.

    3. Regulation of delivery of certain programmes

      1. 79. Regulation of delivery of programmes provided by licence holder and foreign satellite programmes.

      2. 80. Directions requiring licence holder to cease relaying foreign television programmes.

    4. Enforcement of licences

      1. 81. Enforcement of local delivery licences.

    5. Prohibition on providing unlicensed local delivery services

      1. 82. Prohibition on providing local delivery services without a licence.

  3. Part III

    Independent Radio Services

    1. Chapter I

      Regulation by Authority of Independent Radio Services Generally

      1. Establishment of Radio Authority

        1. 83. The Radio Authority.

      2. Function of Authority

        1. 84. Regulation by Authority of independent radio services.

        2. 85. Licensing functions of Authority.

      3. General provisions about licences

        1. 86. Licences under Part III.

        2. 87. General licence conditions.

        3. 88. Restrictions on the holding of licences.

        4. 89. Disqualification for holding licence on grounds of conviction for transmitting offence.

      4. General provisions about licensed services

        1. 90. General requirements as to licensed services.

        2. 91. General code for programmes.

        3. 92. General provisions as to advertisements.

        4. 93. Control of advertisements.

        5. 94. Government control over licensed services.

        6. 95. Monitoring by Authority of programmes included in licensed services.

        7. 96. Audience research.

      5. Prohibition on providing unlicensed independent radio services

        1. 97. Prohibition on providing independent radio services without a licence.

    2. Chapter II

      Sound Broadcasting Services

      1. National services

        1. 98. Applications for national licences.

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

        3. 100. Award of national licence to person submitting highest cash bid.

        4. 101. Failure to begin providing licensed service and financial penalties on revocation of licence.

        5. 102. Additional payments to be made in respect of national licences.

        6. 103. Restriction on changes in control over holder of national licence.

      2. Local and other services

        1. 104. Applications for other licences.

        2. 105. Special requirements relating to grant of local licences.

      3. Miscellaneous provisions relating to national and local services

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

        2. 107. Party political broadcasts.

        3. 108. Promotion of equal opportunities in relation to employment by holder of national licence.

      4. Enforcement of licences

        1. 109. Power to require scripts etc. or broadcasting of correction or apology.

        2. 110. Power to impose financial penalty or suspend or shorten licence period.

        3. 111. Power to revoke licences.

    3. Chapter III

      Licensable Sound Programme Services

      1. 112. Licensable sound programme services.

      2. 113. Licensing etc. of licensable sound programme services.

    4. Chapter IV

      Additional Services Provided on Sound Broadcasting Frequencies

      1. 114. Additional services.

      2. 115. Licensing of additional services.

      3. 116. Applications for additional services licences.

      4. 117. Procedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences.

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

      6. 119. Additional services not to interfere with other transmissions.

      7. 120. Enforcement of additional services licences.

    5. Chapter V

      Supplemental

      1. 121. Computation of qualifying revenue.

      2. 122. Certain receipts of Authority to be paid into Consolidated Fund.

      3. 123. Frequency planning and general research and development.

      4. 124. Authority to assist Secretary of State in connection with licensing functions under 1949 Act.

      5. 125. Representation by Authority of Government and other interests in connection with broadcasting matters.

      6. 126. Interpretation of Part III.

  4. Part IV

    Transfer of Undertakings of IBA and Cable Authority

    1. Transfer of undertakings

      1. 127. Division of assets of IBA and their dissolution.

      2. 128. Vesting in Commission of assets of Cable Authority and dissolution of Authority.

    2. Transitional arrangements

      1. 129. Transitional arrangements relating to IBA’s broadcasting services.

      2. 130. Variation of programme contracts to take account of new transmission arrangements.

      3. 131. Supplementary provisions relating to variation of programme contracts.

      4. 132. Disposal by IBA of DBS transmitting equipment etc.

      5. 133. Functions exercisable by IBA before transfer date in connection with local sound broadcasting.

      6. 134. Transitional arrangements relating to existing cable services.

    3. Provisions relating to nominated company

      1. 135. Initial Government holding in nominated company.

      2. 136. Exercise of functions through nominees.

      3. 137. Target investment limit for Government shareholding in nominated company.

      4. 138. Reserves of nominated company.

      5. 139. Loans by Secretary of State to nominated company.

      6. 140. Temporary restriction on borrowings of nominated company.

    4. General

      1. 141. Interpretation of Part IV.

  5. Part V

    The Broadcasting Complaints Commission

    1. 142. The Broadcasting Complaints Commission.

    2. 143. Function of BCC.

    3. 144. Making and entertaining of complaints.

    4. 145. Consideration of complaints.

    5. 146. Publication of BCC’s findings.

    6. 147. Duty to publicise BCC.

    7. 148. Annual reports.

    8. 149. Contributions towards cost of BCC.

    9. 150. Interpretation of Part V.

  6. Part VI

    The Broadcasting Standards Council

    1. 151. The Broadcasting Standards Council.

    2. 152. Preparation by Council of code relating to broadcasting standards.

    3. 153. Monitoring by Council of broadcasting standards.

    4. 154. Consideration by Council of complaints relating to broadcasting standards.

    5. 155. Consideration of complaints.

    6. 156. Publication of Council’s findings.

    7. 157. Power of Council to commission research.

    8. 158. International representation by Council of Government interests.

    9. 159. Duty to publicise Council.

    10. 160. Annual reports.

    11. 161. Interpretation of Part VI.

  7. Part VII

    Prohibition on Inclusion of Obscene and Other Material in Programme Services

    1. Obscenity

      1. 162. Obscenity in programme services: England and Wales.

      2. 163. Obscenity in programme services: Scotland.

    2. Racially inflammatory material etc.

      1. 164. Inclusion in programme services in Great Britain of racially inflammatory material.

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

    3. Defamation

      1. 166. Defamatory material.

    4. Supplementary

      1. 167. Power to make copies of recordings.

  8. Part VIII

    Provisions Relating to Wireless Telegraphy

    1. 168. Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.

    2. 169. Offence of allowing premises to be used for purpose of unlawful broadcasting.

    3. 170. Prohibition of acts facilitating unauthorised broadcasting.

    4. 171. Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

    5. 172. Amendments of provisions of 1949 Act relating to penalties and forfeiture.

    6. 173. Extension of search and seizure powers in relation to unlawful broadcasting etc.

    7. 174. Application of Part VIII to Isle of Man and Channel Islands.

  9. Part IX

    Copyright and Related Matters

    1. 175. Use as of right of sound recordings in broadcasts and cable programme services.

    2. 176. Duty to provide advance information about programmes.

  10. Part X

    Miscellaneous and General

    1. Foreign satellite services

      1. 177. Orders proscribing unacceptable foreign satellite services.

      2. 178. Offence of supporting proscribed foreign satellite services.

    2. Unauthorised decoders

      1. 179. Unauthorised decoders for encrypted services etc.

    3. Television licensing

      1. 180. Transfer to BBC of functions connected with television licences.

      2. 181. Certain apparatus to be deemed to be apparatus for wireless telegraphy.

    4. Listed events

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

    5. Gaelic television programmes

      1. 183. Financing of programmes in Gaelic out of Gaelic Television Fund.

      2. 184. Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

    6. National television archive

      1. 185. Contributions towards maintenance of national television archive.

    7. Duties of BBC as respects independent productions

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

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

    8. Power to give directions relating to international obligations

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

    9. Matters relating to telecommunication systems

      1. 189. Sharing of apparatus by operators of telecommunication systems.

      2. 190. Modification of certain references in Telecommunications Act licences.

      3. 191. Revocation of class licence to run broadcast relay systems.

    10. Application of competition legislation

      1. 192. Application of provisions of Fair Trading Act 1973 with respect to broadcasting and telecommunication services.

      2. 193. Modification of networking arrangements in consequence of reports under competition legislation.

      3. 194. Restrictive Trade Practices Act 1976 not to apply to networking arrangements.

    11. General

      1. 195. Offences by bodies corporate.

      2. 196. Entry and search of premises.

      3. 197. Restriction on disclosure of information.

      4. 198. Financial provisions.

      5. 199. Notices.

      6. 200. Regulations and orders.

      7. 201. Programme services.

      8. 202. General interpretation.

      9. 203. Consequential and transitional provisions.

      10. 204. Short title, commencement and extent.

    1. Schedule 1

      The Independent Television Commission: supplementary provisions.

    2. Schedule 2

      Restrictions on the holding of licences.

      1. Part I

        General.

      2. Part II

        Disqualification for holding licences.

      3. Part III

        Restrictions to prevent accumulations of interests in licensed services.

      4. Part IV

        Restrictions on controlling interests in both newspapers and licensed services.

      5. Part V

        Restriction on holding of licences by operators of public telecommunication systems.

    3. Schedule 3

      The Channel Four Television Corporation: supplementary provisions.

    4. Schedule 4

      References with respect to networking arrangements.

    5. Schedule 5

      Special provisions relating to public teletext service.

    6. Schedule 6

      The Welsh Authority: supplementary provisions.

    7. Schedule 7

      Qualifying revenue: supplementary provisions.

      1. Part I

        Qualifying revenue for purposes of Part I or II of this Act.

      2. Part II

        Qualifying revenue for purposes of Part III of this Act.

    8. Schedule 8

      The Radio Authority: supplementary provisions.

    9. Schedule 9

      Scheme providing for division of assets of IBA.

    10. Schedule 10

      Supplementary provisions relating to dissolution of Cable Authority.

    11. Schedule 11

      Transitional provisions relating to IBA’s broadcasting services.

      1. Part I

        General.

      2. Part II

        Television broadcasting services to be provided by commission.

      3. Part III

        Replacement of DBS contracts by licences under Part I.

      4. Part IV

        Sound broadcasting services to be provided by Radio Authority.

      5. Part V

        Replacement of programme contracts by local licences.

    12. Schedule 12

      Transitional provisions relating to existing cable services.

      1. Part I

        General.

      2. Part II

        Licensing of existing cable services.

      3. Part III

        Provisions relating to licences in force under or by virtue of this Schedule.

    13. Schedule 13

      The Broadcasting Complaints Commission: supplementary provisions.

    14. Schedule 14

      The Broadcasting Standards Council: supplementary provisions.

    15. Schedule 15

      Application of 1959 Act to television and sound programmes.

    16. Schedule 16

      Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

    17. Schedule 17

      Information about programmes: copyright.

      1. Part I

        Copyright licensing.

      2. Part II

        Use of information as of right.

      3. Part III

        Supplementary.

    18. Schedule 18

      Transfer of functions connected with television licences.

      1. Part I

        Amendments of Wireless Telegraphy Act 1949.

      2. Part II

        Amendments of Part I of Wireless Telegraphy Act 1967.

    19. Schedule 19

      The Gaelic Television Committee: supplementary provisions.

    20. Schedule 20

      Minor and consequential amendments.

    21. Schedule 21

      Repeals.

    22. Schedule 22

      Transitional provisions and savings.

An Act to make new provision with respect to the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies; to make provision with respect to the provision and regulation of local delivery services; to amend in other respects the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to the supply and use of information about programmes; to make provision with respect to the transfer of the property, rights and liabilities of the Independent Broadcasting Authority and the Cable Authority and the dissolution of those bodies; to make new provision relating to the Broadcasting Complaints Commission; to provide for the establishment and functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to 1967 and the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the Telecommunications Act 1984 to run broadcast relay systems; and for connected purposes.

[1st November 1990]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of