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Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Text with EEA relevance) (2007/730/EC)

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Changes over time for: Division Chapter 55

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Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Text with EEA relevance) (2007/730/EC), Division Chapter 55 is up to date with all changes known to be in force on or before 28 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Chapter 55U.K.

PART IVU.K.
Sporting and other events of national interestU.K.
Listed eventsU.K.
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.U.K.
(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:U.K.
(a)

the BBC;

(b)

the Welsh Authority;

(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:U.K.
(a)

the persons mentioned in subsection 2; and

(b)

every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

(4)In this section ‘national interest’ includes interest within England, Scotland, Wales or Northern Ireland.U.K.
(5)The addition of any relevant event to such a list as is mentioned in subsection 1 shall not affect:U.K.
(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.U.K.
Categories of serviceU.K.
98. (1) For the purposes of this Part, television programme services shall be divided into two categories as follows:
(2)The services referred to in subsection 1(a) are:U.K.
(a)

regional and national Channel 3 services;

(b)

Channel 4; and

(c)

the television broadcasting services provided by the BBC.

(3)The Secretary of State may by order amend subsection 2 so as to remove any service from, or add any service to, the services specified in it.U.K.
(4)An order under subsection 3 shall be subject to annulment in pursuance of a resolution of either House of Parliament.U.K.

[…]

Restriction on televising of listed eventU.K.
101. (1) A person providing a service falling within either of the categories set out in subsection 1 of section 98 (the first service) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of the Commission, include in that service live coverage of the whole or any part of a listed event unless:
(2)The Commission may revoke any consent given by them under subsection 1.U.K.
(3)Failure to comply with subsection 1 shall not affect the validity of any contract.U.K.
(4)Subsection 1 shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.U.K.
Power of Commission to impose penaltyU.K.
102. (1) If the Commission: they may require him to pay, within a specified period, a specified financial penalty to the Commission.
(2)If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has:U.K.
(a)

provided them with information which was false in a material particular; or

(b)

withheld any material information with the intention of causing the Commission to be misled;

they may require him to pay, within a specified period, a specified financial penalty to the Commission.

(3)The amount of any financial penalty imposed on any person under subsection 1 or 2 shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.U.K.
(4)In subsection 3:U.K.
(a)

‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and

(b)

‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe.

(5)An order under subsection 4(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.U.K.
(6)Where the Commission receive any amount payable to them by virtue of subsection 1 or 2, that amount shall not form part of the revenues of the Commission but shall be paid into the Consolidated Fund.U.K.
(7)Any amount payable by any person to the Commission by virtue of subsection 1 or 2 shall be recoverable by them as a debt due to them from that person.U.K.
Report to Secretary of StateU.K.
103. (1) If the Commission: they shall make a report on the matter to the Secretary of State.
(2)If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, a broadcasting body has:U.K.
(a)

provided them with information which was false in a material particular: or

(b)

withheld any material information with the intention of causing the Commission to be misled,

they shall make a report on the matter to the Secretary of State.

(3)In this section ‘broadcasting body’ means the BBC or the Welsh Authority.U.K.
Code of guidanceU.K.
104. (1) The Commission shall draw up, and may from time to time review, a code:
(2)In exercising their powers under this Part, the Commission shall have regard to the provisions of the code.U.K.
(3)Before drawing up or revising the code the Commission shall consult such persons as appear to the Commission to be appropriate.U.K.
(4)As soon as the Commission have drawn up or revised such a code, the Commission shall publish the code in such manner as they consider appropriate for bringing it to the attention of:U.K.
(a)

the BBC;

(b)

the Welsh Authority;

(c)

every person from whom the rights to televise a listed event may be acquired;

and

(d)

every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

Interpretation of Part IV and supplementary provisionsU.K.
105. (1) In this Part (unless the context otherwise requires):
(2)Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.U.K.

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