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Broadcasting Act 1990
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Changes and effects yet to be applied to Section 106:
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- s. 106(1) text amended by 2003 c. 21 s. 312(2) Sch. 19(1)
- s. 106(1)-(4) text amended by 2003 c. 21 Sch. 15 para. 49
- s. 106(1A)(1B) inserted by 2003 c. 21 s. 312(3)
- s. 106(1A)(c) text amended by 2010 c. 24 Sch. 2
- s. 106(1A)(e) and word inserted by 2010 c. 24 s. 34(1)
- s. 106(5) substituted by 2003 c. 21 s. 312(4)
- s. 106(6) text amended by 2003 c. 21 Sch. 15 para. 49
- s. 106(7) inserted by 2003 c. 21 s. 312(5)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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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- s. 183A(7)(a)(b) repealed by 2010 c. 24 s. 29(2) Sch. 2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)
106 Requirements as to character and coverage of national and local services.E+W+S+N.I.
(1)A national or local licence shall include such conditions as appear to the Authority to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in force, except to the extent that the Authority consent to any departure on the grounds—
(a)that it would not narrow the range of programmes available by way of independent radio services to persons living in the area or locality for which the service is licensed to be provided, or
(b)that it would not substantially alter the character of the service.
(2)A national or local licence shall include conditions requiring the licence holder to secure that the licensed service serves so much of the area or locality for which it is licensed to be provided as is for the time being reasonably practicable.
(3)A national licence shall include conditions enabling the Authority, where it appears to them to be reasonably practicable for the licensed service to be provided for any additional area falling outside the minimum area determined by them in accordance with section 98(2), to require the licence holder to provide the licensed service for any such additional area.
(4)Subject to subsection (5), the Authority may, if they think fit, authorise the holder of a local licence, by means of a variation of his licence to that effect, to provide the licensed service for any additional area or locality adjoining the area or locality for which that service has previously been licensed to be provided.
(5)The Authority shall only exercise the power conferred on them by subsection (4) if it appears to them that to do so would not result in a substantial increase in the area or locality for which the service in question is licensed to be provided.
(6)As soon as practicable after the Authority have exercised that power in relation to any service, they shall publish, in such manner as they consider appropriate, a notice—
(a)stating that they have exercised that power in relation to that service; and
(b)giving details of the additional area or locality for which that service is licensed to be provided.
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