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Broadcasting Act 1990
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- 1990 c. 42
- SCHEDULE 5
- Consideration of applications and award of licence
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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
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- s. 97A 97B inserted by 2010 c. 24 s. 30(2)
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- s. 104AA-104AC inserted by 2010 c. 24 s. 32(2)
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- 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- s. 183A(7)(a)(b) repealed by 2010 c. 24 s. 29(2) Sch. 2
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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)
Consideration of applications and award of licenceE+W+S+N.I.
3(1)Where a person has, in accordance with section 50 of this Act and paragraph 2 above, made an application for a licence to provide the relevant service, the Commission shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 51(3) and (4) of this Act unless it appears to them that his proposed service would comply with the requirements specified in sub-paragraph (2).E+W+S+N.I.
(2)Those requirements are—
(a)that the service includes a sufficient amount of news items which are of high quality and deal with both national and international matters;
(b)that the service includes a sufficient amount of information which is of particular interest to persons living within different areas for which the service is provided; and
(c)that (taken as a whole) the service includes a sufficient amount of information (other than news) which is calculated to appeal to a wide variety of tastes and interests.
(3)Section 51(1) shall accordingly have effect in relation to a licence to provide the relevant service as if the reference to the requirements of section 51(1)(a) and (b) included a reference to the requirements specified in sub-paragraph (2) above.
(4)In deciding whether an applicant’s proposed service would comply with those requirements, the Commission shall take into account any representations made to them in pursuance of paragraph 2(4)(b) above.
(5)Where the Commission have awarded a licence to provide the relevant service to any person in accordance with section 51(3) and (4), the matters to be published by them in accordance with section 17(11)(a) and (12) of this Act (as they have effect in accordance with section 51(3) and (4)) shall include the name of every other applicant in whose case it appeared to them that his proposed service would comply with the requirements specified in sub-paragraph (2) above.
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