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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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66 Requirements relating to transmission and distribution of services.E+W+S+N.I.

(1)During such period as the Secretary of State may by order specify, all Channel 3 services shall be broadcast [F1so as to be available for reception by members of the public] by a single person under arrangements made with him by the persons licensed to provide those services; and every Channel 3 licence shall include such conditions as appear to [F2OFCOM] to be appropriate—

(a)for securing that result and

(b)for securing that the costs incurred in respect of the broadcasting of those services (taken as a whole) during that period in accordance with those arrangements are shared by those persons in such manner as may be approved by the Secretary of State.

(2)Any Channel 3 licence shall include such conditions as appear to [F2OFCOM] to be appropriate for securing that the costs incurred in respect of the distribution of Channel 3 services (taken as a whole) during such period as the Secretary of State may by order specify are shared by the persons licensed to provide those services in such manner as may be approved by the Secretary of State. In this subsection “distribution”, in relation to Channel 3 services, means the conveyance of those services (by whatever means and whether directly or indirectly) to the broadcasting stations from which they are broadcast [F1so as to be available for reception by members of the public].

[F3(2A)In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003]

(3)The Secretary of State may, at any time during the period referred to in subsection (1) or (2), by order provide for that period to be extended by such further period as is specified in the order; and any conditions included in a Channel 3 licence in pursuance of that subsection shall accordingly, in any such case, have effect in relation to that period as so extended.

(4)Any Channel 3 licence or licence to provide Channel 4 or 5 shall include such conditions as appear to [F2OFCOM] to be appropriate for requiring the signals carrying the licensed service to attain high standards in terms of technical quality and reliability throughout so much of the relevant area as is for the time being reasonably practicable.

(5)Before imposing any conditions in pursuance of subsection (4) [F2OFCOM] shall consult the Secretary of State as to how much of the relevant area is to be specified in the conditions as the area throughout which the required standards are to be attained.

(6)In subsections (4) and (5) “the relevant area”—

(a)in relation to a Channel 3 or Channel 5 licence, means the area for which the licensed service is to be provided; and

(b)in relation to the licence to provide Channel 4, means England, Scotland and Northern Ireland.

(7)The Welsh Authority shall do all that they can to ensure that the signals carrying S4C attain high standards in terms of technical quality and reliability throughout so much of Wales as is for the time being reasonably practicable.

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

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Amendments (Textual)

F1Words in s. 66(1)(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 29(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C1Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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