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Broadcasting Act 1990

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  • specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

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Commencement Orders yet to be applied to the Broadcasting Act 1990

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Commencement Orders bringing legislation that affects this Act into force:

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

29(1)In section 8 (restrictions on reports of committal proceedings)—E+W+S+N.I.

(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)In section 71 (reports of domestic proceedings), for subsection (1) substitute—

(1)In the case of domestic proceedings in a magistrates’ court (other than proceedings under the Adoption Act 1976) it shall not be lawful for a person to whom this subsection applies—

(a)to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or

(b)to 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 Great Britain,

any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.

(1A)The particulars referred to in subsection (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 the decision of the court on the submissions;

(d)the decision of the court, and any observations made by the court in giving it.

(1B)Subsection (1) above applies—

(a)in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and

(b)in relation to paragraph (b) of that subsection, 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.;

and in subsection (2), for “subsection (1)” substitute “ subsection (1A) ”.

Yn ôl i’r brig

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