Broadcasting Act 1990

Power to make provision with respect to complaints to the BCC or BSC

2 (1) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with—

(a) the making, on or after the transfer date, of complaints to the BCC concerning programmes broadcast by the IBA before that date and the performance by the BCC, on or after that date, of functions in connection with complaints made to them about such programmes (whether so made before that date or by virtue of this paragraph), and

(b) the making, on or after the relevant date, of complaints to the BCC or the BSC concerning programmes broadcast in accordance with Schedule 11 and the performance by the BCC and the BSC respectively, on or after that date, of functions in connection with complaints made to them about such programmes (whether so made before that date or by virtue of this paragraph);

and (subject to sub-paragraph (4)) references in this sub-paragraph to the performance of functions are, in relation to the BCC, references to the performance of functions under Part V of this Act and, in relation to the BSC, are references to the performance of functions under Part VI of this Act.

(2) Without prejudice to the generality of sub-paragraph (1), an order under that sub-paragraph may provide that, in relation to complaints falling within that sub-paragraph, the BCC or (as the case may be) the BSC may give directions in pursuance of section 146 or (as the case may be) 156 of this Act to persons other than those referred to in section 146(1) or 156(1).

(3) Without prejudice to the generality of section 200(2)(b) of this Act, an order under sub-paragraph (1) may make—

(a) such transitional modifications of any provision of this Act, and

(b) such modifications of and savings in any other statutory provision,

as the Secretary of State considers appropriate.

(4) In this paragraph—

(a) “the relevant date” means—

(i) in the case of a complaint concerning a television programme, the day after the end of the interim period within the meaning of Schedule 11, and

(ii) in the case of a complaint concerning a sound programme, the day after the end of the period during which the local sound broadcasting service in which it was broadcast was provided in accordance with Schedule 11,

(b) “the transfer date” means the day appointed under section 127(1) of this Act,

(c) “statutory provision” means any provision of an enactment or of an instrument having effect under an enactment,

(d) “the IBA” means the Independent Broadcasting Authority, and

(e) references to programmes include references to teletext transmissions,

and in connection with complaints to the BCC concerning programmes broadcast by the IBA before the transfer date, a reference to Part V of this Act or to any provision of that Part includes a reference to Part III of the [1981 c. 68.] Broadcasting Act 1981 or (as the case may be) to any corresponding provision of that Part of that Act.