Broadcasting Act 1990

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Broadcasting Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act applied (with modifications) by S.I. 2004/1944 art. 4 Sch.
Act power to modify conferred by 2003 c. 21 s. 407
Blanket amendment text amended by S.I. 2011/1043 art. 3 6

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 97A 97B inserted by 2010 c. 24 s. 30(2)
s. 100A inserted by 2003 c. 21 s. 257(6)
s. 103B inserted by 2010 c. 24 s. 31(2)
s. 104AA-104AC inserted by 2010 c. 24 s. 32(2)
s. 105A inserted by 2010 c. 24 s. 33(2)
s. 106ZA inserted by 2003 c. 21 s. 313
s. 183A inserted by 2003 c. 21 s. 209
s. 183A(5)(c) text amended by S.I. 2006/241 art. 2(2)
s. 183A(7)(a)(b) repealed by 2010 c. 24 s. 29(2) Sch. 2
s. 183A(9) text amended by S.I. 2006/241 art. 2(3)
s. 183A(10)(11) omitted by S.I. 2006/241 art. 2(4)
specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/545 art. 2

Commencement Orders yet to be applied to the Broadcasting Act 1990:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/580 art. 2 commences (1998 c. 34)
S.I. 2003/766 art. 2 commences (2002 c. 40)
S.I. 2003/1397 art. 2 commences (2002 c. 40)
S.I. 2003/1900 art. 2 commences (2003 c. 21)
S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
S.I. 2008/839 art. 2 commences (2007 c. 18)
S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
S.I. 2009/2858 art. 3 commences (1996 c. 31)
S.I. 2011/1170 art. 2 commences (2010 c. 24)

Function of CommissionE+W+S+N.I.

2 Regulation by Commission of provision of television services.E+W+S+N.I.

(1)It shall be the function of the Commission to regulate, in accordance with this Part [F1and Part I of the Broadcasting Act 1996], the provision of the following services, namely—

(a)television programme services [F2(other than satellite television services and digital programme services)]which are provided from places in the United Kingdom by persons other than the BBC and the Welsh Authority, F3. . .

[F4(aa)satellite television services (as defined by section 43(1)) provided by persons other than the BBC and the Welsh Authority,]

(b)additional services which are provided from places in the United Kingdom,

[F5(c)multiplex services (as defined by section 1(1) of the Broadcasting Act 1996) which are provided from places in the United Kingdom by persons other than the BBC,

[F6(cc)digital programme services (as defined by section 1(4) of the Broadcasting Act 1996) provided by persons who for the purposes of Council Directive 89/552/EEC are under the jurisdiction of the United Kingdom, other than the BBC and the Welsh Authority,; and]

[F7(d)digital additional services (as defined by section 24(1) of the Broadcasting Act 1996) provided by persons who for the purposes of Council Directive 89/552/EEC are under the jurisdiction of the United Kingdom, other than the BBC.]]

and to regulate, in accordance with Part II, the provision of local delivery services (within the meaning of that Part) which are so provided.

(2)It shall be the duty of the Commission—

(a)to discharge their functions under this Part and Part II [F8and under Part I of the Broadcasting Act 1996] as respects the licensing of the services referred to in subsection (1) in the manner which they consider is best calculated—

(i)to ensure that a wide range of such services is available throughout the United Kingdom, and

(ii)to ensure fair and effective competition in the provision of such services and services connected with them; and

(b)to discharge their functions under this Part [F9and Part I of the Broadcasting Act 1996]as respects the licensing of television programme services [F9and multiplex services (as defined by section 1(1) of that Act)]in the manner which they consider is best calculated to ensure the provision of [F10television programme services.] which (taken as a whole) are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests.

(3)Subsection (2)(a)(ii) shall not be construed as affecting the discharge by the Director General of Fair Trading, the Secretary of State or the [F11Competition Commission] of any of his or their functions in connection with competition.

(4)In this Part—

“additional service” has the meaning given by section 48(1); and
“television programme service” means—

(a)a television broadcasting service (as defined by subsection (5));

[F12(aa)a restricted service (as defined by section 42A);]

[F13(b)a satellite television service (as defined by section 43(1));]

(c)a licensable programme service (as defined by section 46(1)). [F14or

(d)a digital programme service (as defined by section 1(4) of the Broadcasting Act 1996).]

(5)In this Part “television broadcasting service” means (subject to subsection (6)) a service consisting in the broadcasting of television programmes for general reception in, or in any area in, the United Kingdom, F15. . .. [F16but not including a restricted service (as defined by section 42A) [F17, a satelite television service (as defined by section 43(1)),]or a multiplex service (as defined by section 1(1) of the Broadcasting Act 1996)]

(6)Subsection (5) does not apply to any teletext service or any other service in the case of which the visual images broadcast in the service consist wholly or mainly of non-representational images, that is to say visual images which are neither still pictures nor comprised within sequences of visual images capable of being seen as moving pictures.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 2(1) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. 1 para. 1(2)(a); S.I. 1996/2120, art. 4, Sch. 1

F2Words in s. 2(1)(a) substituted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 1(2)(a)

F3Word in S. 2(1)(a) repealed (1.10.1996) by 1996 c. 55, s. 148(2), Sch. 11 Pt. I; S.I. 1996/2120, art. 4, Sch. 1

F4S. 2 (1)(aa) inserted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 1(2)(b)

F5S. 2(1)(c)(d) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 1(2)(b);S.I. 1996/2120, art. 4, Sch. 1

F6S. 2(1)(cc) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 1(2)(b)

F7S. 2(1)(d) substituted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 1(2)(c)

F8Words in s. 2(2)(a) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 1(3)(a); S.I. 1996/2120, art. 4, Sch. 1

F9Words in s. 2(2)(b) inserted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 1(3)(b); S.I. 1996/2120, art. 4, Sch. 1

F10Words in S. 2(2)(b) substituted (1.10.1996) by 1996 c. 55, s. 148(1), Sch. 10 Pt. I para. 1(3)(b); S.I. 1996/2120, art. 4, Sch. 1

F11Words in s. 2(3) substituted (1.4.1999) by S.I. 1999/506, art. 29(a)