Broadcasting Act 1990

Transitional modification of amendments made by this Act

5 (1) Any provision to which this sub-paragraph applies—

(a) shall have effect in relation to the programme contractor or teletext contractor under a contract which continues in force by virtue of Part II of Schedule 11 to this Act, or in relation to any such contract, as it has effect in relation to the holder of a licence granted under Part I of this Act or in relation to any such licence;

(b) shall have effect in relation to the programme contractor under a contract which continues in force by virtue of Part IV of Schedule 11, or in relation to any such contract, as it has effect in relation to the holder of a licence granted under Part III of this Act or in relation to any such licence; and

(c) shall have effect in relation to any broadcasting service provided by the Independent Television Commission or the Radio Authority in accordance with Schedule 11 as it has effect in relation to any service provided under a licence granted under Part I or Part III of this Act.

(2) Sub-paragraph (1) applies to the following provisions (as amended by this Act), namely—

(a) section 9 of the [1975 c. 68.] Industry Act 1975;

(b) section 19 of the [1975 c. 70.] Welsh Development Agency Act 1975;

(c) sections 75(1) and 93(1) of the Representation of the [1983 c. 2.] People Act 1983; and

(d) regulation 8(1) of the [S.I. 1988/915.] Control of Misleading Advertisements Regulations 1988.

(3) Where regulation 8(1) of the Control of Misleading Advertisements Regulations 1988 has effect in relation to any complaint in accordance with sub-paragraphs (1) and (2) above, regulation 9(1) of those Regulations shall have effect in relation to the complaint as if for the words from “exercise” onwards there were substituted “refuse to broadcast the advertisement”.

6 Section 92(1) of the Representation of the People Act 1983 (as amended by this Act), shall have effect as if—

(a) the reference to the holder of a licence granted by the Independent Television Commission or the Radio Authority included a reference to the holder of a relevant licence within the meaning of Part III of Schedule 12 to this Act; and

(b) there were added at the end “or in pursuance of arrangements made with—

(i) the Independent Television Commission or the Radio Authority, or

(ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.”

7 Regulation 8(1) and (2) of the Control of Misleading Advertisements Regulations 1988 (as amended by this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of Schedule 12 to this Act as they apply to a service licensed under Part II of this Act.