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Broadcasting Act 1990
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- 1990 c. 42
- SCHEDULE 11
- Part II
- Provisions relating to DBS services
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- 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- s. 183A(7)(a)(b) repealed by 2010 c. 24 s. 29(2) Sch. 2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)
Provisions relating to DBS servicesE+W+S+N.I.
5(1)The following provisions of the 1981 Act, namely—E+W+S+N.I.
(a)in section 2(2), paragraph (c) and in paragraph (b) the words “and a proper balance and wide range in their subject matter”,
(b)in section 4(1), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient amount of time in the programmes to news and news features,
(c)section 20(2)(b) and (3),
(d)section 22, and
(e)section 24,
shall not have effect by virtue of paragraph 1(3) or 2(2) above in connection with the provision of DBS services by the Commission or (as the case may be) in relation to DBS contractors or their contracts.
(2)Every contract between the Commission and a DBS programme contractor shall contain all such provisions as the Commission think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor.
(3)For the purpose of enabling a DBS programme or teletext contractor to make charges for the reception of programmes provided by him or transmissions containing material so provided, the Commission may, notwithstanding anything in the 1981 Act as it has effect in accordance with this Part of this Schedule, broadcast the programmes or transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent persons from receiving them unless they obtain from the contractor the means of doing so.
(4)Where under the power conferred by sub-paragraph (3) the Commission broadcast programmes or transmissions in such a form as is mentioned in that sub-paragraph, nothing in the 1981 Act (as it so has effect) shall be taken as requiring the Commission to permit advertisements to be included in the programmes or transmissions.
(5)Where any service falling within section 46(1) of this Act is provided during the interim period on any of the spare capacity within the frequencies on which any DBS services are provided by the Commission in accordance with this Part of this Schedule, that service is licensable under section 47 of this Act as a licensable programme service, and not otherwise.
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