Broadcasting Act 1996

1. Introductory Text

2. Part I Digital terrestrial television broadcasting

   1. Introductory

      1. 1. Multiplex services and digital programme services.

      2. 2. Meaning of “independent analogue broadcaster” and “qualifying service”.

   2. General provisions about licences

      1. 3. Licences under Part I.

      2. 4. General licence conditions.

      3. 5. Restrictions on holding of licences under Part I.

   3. Multiplex services

      1. 6. Assignment of frequencies by Secretary of State.

      2. 7. Multiplex licences.

      3. 8. Award of multiplex licences.

      4. 9. Power to require two or more multiplex licences to be granted to one person.

      5. 10. Award of multiplex licence subject to conditions.

      6. 11. Failure to begin providing licensed service and financial penalties on revocation of licence.

      7. 12. Conditions attached to multiplex licence.

      8. 13. Additional payments to be made in respect of multiplex licences.

      9. 14. Multiplex revenue.

      10. 15. Attribution of multiplex revenue to licence holder and others.

      11. 16. Duration and renewal of multiplex licences.

      12. 17. Enforcement of multiplex licences.

   4. Digital programme services

      1. 18. Licensing of digital programme services.

      2. 19. Duration and conditions of digital programme licence.

      3. 20. Code relating to provision for deaf and visually impaired.

      4. 21. Powers of Secretary of State in relation to code under section 20.

      5. 22. Compliance with code under section 20.

      6. 23. Enforcement of digital programme licences.

   5. Digital additional services provided on television broadcasting frequencies

      1. 24. Digital additional services.

      2. 25. Licensing of digital additional services.

      3. 26. Duration and conditions of digital additional services licence.

      4. 27. Enforcement of digital additional services licences.

   6. Digital broadcasting of services provided by independent analogue broadcasters

      1. 28. Provision for broadcasting of services provided by independent analogue broadcasters.

      2. 29. The S4C digital service.

      3. 30. The qualifying teletext service.

      4. 31. Advertisements included in qualifying services.

   7. Miscellaneous and supplemental

      1. 32. Digital broadcasting of Gaelic programmes.

      2. 33. Review of digital television broadcasting.

      3. 34. Promotion of equal opportunities and fair treatment.

      4. 35. Enforcement of licences held by BBC companies.

      5. 36. Power to vary amount of financial penalties.

      6. 37. Computation of multiplex revenue.

      7. 38. Certain receipts of Commission to be paid into Consolidated Fund.

      8. 39. Interpretation of Part I.

3. Part II Digital terrestrial sound broadcasting

   1. Introductory

      1. 40. Radio multiplex services.

      2. 41. Meaning of “independent national broadcaster” and “simulcast radio service”.

   2. General provisions about licences

      1. 42. Licences under Part II.

      2. 43. General licence conditions.

      3. 44. Restrictions on holding of licences under Part II.

   3. Radio multiplex services

      1. 45. Assignment of frequencies by Secretary of State.

      2. 46. National radio multiplex licences.

      3. 47. Award of national radio multiplex licences.

      4. 48. Reservation of capacity for independent national broadcasters.

      5. 49. Duty of Authority to reserve digital capacity for certain purposes of BBC.

      6. 50. Local radio multiplex licences.

      7. 51. Award of local radio multiplex licences.

      8. 52. Power to require two or more local radio multiplex licences to be granted to one person.

      9. 53. Failure to begin providing licensed service and financial penalties on revocation of licence.

      10. 54. Conditions attached to national or local radio multiplex licence.

      11. 55. Additional payments to be made in respect of national radio multiplex licences.

      12. 56. Multiplex revenue.

      13. 57. Attribution of multiplex revenue to licence holder and others.

      14. 58. Duration and renewal of national or local radio multiplex licences.

      15. 59. Enforcement of national or local radio multiplex licences.

   4. Digital sound programme services

      1. 60. Licensing of digital sound programme services.

      2. 61. Duration and conditions of digital sound programme licence.

      3. 62. Enforcement of digital sound programme licences.

   5. Digital additional services provided on sound broadcasting frequencies

      1. 63. Digital additional services.

      2. 64. Licensing of digital additional services.

      3. 65. Duration and conditions of digital additional services licence.

      4. 66. Enforcement of digital additional services licences.

   6. Miscellaneous and supplemental

      1. 67. Review of digital radio broadcasting.

      2. 68. Promotion of equal opportunities and fair treatment.

      3. 69. Power to vary amount of financial penalties.

      4. 70. Computation of multiplex revenue.

      5. 71. Certain receipts of Authority to be paid into Consolidated Fund.

      6. 72. Interpretation of Part II.

4. Part III Amendments of the Broadcasting Act 1990

   1. Restrictions on holding of licences

      1. 73. Restrictions on holding of licences.

   2. Regional Channel 3 services

      1. 74. Provision of news programmes by holders of regional Channel 3 licences.

      2. 75. Appointment of news provider by holders of regional Channel 3 licences.

      3. 76. Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990.

      4. 77. Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.

      5. 78. Variation of regional Channel 3 licence following change of control.

      6. 79. Powers of Commission in relation to modification or replacement of networking arrangements.

   3. Channel 4 and S4C

      1. 80. Funding of Sianel Pedwar Cymru.

      2. 81. Public service fund of Sianel Pedwar Cymru.

      3. 82. Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation.

      4. 83. Application of excess revenues of Channel Four Television Corporation.

      5. 84. Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru.

   4. Miscellaneous amendments relating to television broadcasting

      1. 85. Restricted television services.

      2. 86. Award of certain licences subject to conditions.

      3. 87. Ancillary services.

      4. 88. Enforcement of licences to provide non-domestic satellite services.

      5. 89. Power of Independent Television Commission to suspend licence to provide non-domestic satellite service.

      6. 90. Enforcement of licences to provide licensable programme services.

      7. 91. Certain delivery services to carry certain broadcasts.

   5. Sound broadcasting

      1. 92. Renewal of licences to provide national radio services.

      2. 93. Variation of local radio licence following change of control.

      3. 94. Renewal of licences to provide local radio services.

      4. 95. Financing of Gaelic sound programmes.

      5. 96. Power of Radio Authority to suspend licence to provide satellite service.

5. Part IV Sporting and other events of national interest

   1. 97. Listed events.

   2. 98. Categories of service.

   3. 99. Contract for exclusive right to televise listed event to be void.

   4. 100. Contract for televising listed event must specify category of service.

   5. 101. Restriction on televising of listed event.

   6. 102. Power of Commission to impose penalty.

   7. 103. Report to Secretary of State.

   8. 104. Code of guidance.

   9. 105. Interpretation of Part IV and supplementary provisions.

6. Part V The Broadcasting Standards Commission

   1. Establishment of Broadcasting Standards Commission

      1. 106. The Broadcasting Standards Commission.

   2. Unjust or unfair treatment or unwarranted infringement of privacy

      1. 107. Preparation by BSC of code relating to avoidance of unjust or unfair treatment or interference with privacy.

   3. Portrayal of violence or sexual conduct etc.

      1. 108. Preparation by BSC of code relating to broadcasting standards generally.

      2. 109. Monitoring by BSC of broadcasting standards.

   4. Complaints

      1. 110. General functions of BSC in relation to complaints.

      2. 111. Complaints of unfair treatment etc.

      3. 112. Committee to consider fairness complaints.

      4. 113. Complaints relating to taste and decency, etc.

      5. 114. Supplementary provisions as to making of complaints of either kind.

      6. 115. Consideration of fairness complaints.

      7. 116. Consideration of standards complaints.

      8. 117. Duty to retain recordings.

      9. 118. Power to pay allowances to persons attending hearings.

      10. 119. Publication of BSC’s findings.

      11. 120. Reports on action taken voluntarily in response to findings on complaints.

      12. 121. Certain statements etc. protected by qualified privilege for purposes of defamation.

   5. Miscellaneous and general

      1. 122. Power of BSC to commission research.

      2. 123. International representation by BSC of Government interests.

      3. 124. Duty to publicise BSC.

      4. 125. Annual reports.

      5. 126. Reports to Secretary of State.

      6. 127. Contributions towards cost of BSC.

      7. 128. Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies.

      8. 129. Transitional provisions relating to complaints.

      9. 130. Interpretation of Part V.

7. Part VI The British Broadcasting Corporation

   1. Transfer of property, rights and liabilities relating to BBC transmission network

      1. 131. Power of BBC to make transfer schemes relating to its transmission network.

      2. 132. Powers of Secretary of State in relation to transfer schemes.

      3. 133. Agreements with respect to transfer schemes.

      4. 134. Transfer schemes: successor companies.

      5. 135. Taxation provisions with respect to transfer schemes.

   2. Services provided by BBC companies

      1. 136. Services provided by BBC companies.

8. Part VII Copyright and related matters

   1. 137. Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme.

   2. 138. Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.

   3. 139. Copyright licensing.

   4. 140. Unauthorised decoders.

   5. 141. Apparatus, etc. for unauthorised reception of transmissions.

9. Part VIII Miscellaneous and general

   1. Standards for transmission systems

      1. 142. Standards for transmission systems.

   2. Disqualification on grounds relating to political objects

      1. 143. Duties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects.

   3. Provision of false information, etc.

      1. 144. Offence of providing false information in certain circumstances.

      2. 145. Disqualification for offence of supplying false information, etc.

      3. 146. Supplementary provisions as to disqualification orders.

   4. General

      1. 147. General interpretation.

      2. 148. Minor and consequential amendments, repeals and revocations.

      3. 149. Commencement and transitional provisions.

      4. 150. Short title and extent.

10. Schedules:

    1. Schedule 1

       Multiplex revenue: supplementary provisions.

       1. Part I Multiplex revenue for purposes of Part I of this Act.

       2. Part II Multiplex revenue for purposes of Part II of this Act.

    2. Schedule 2

       Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences.

       1. Part I Amendments of Part I of Schedule 2.

       2. Part II Amendments of Part II of Schedule 2.

       3. Part III Provisions substituted for Part III of Schedule 2.

       4. Part IV Provisions substituted for Part IV of Schedule 2.

       5. Part V Amendments of other provisions of 1990 Act.

    3. Schedule 3

       Broadcasting Standards Commission: supplementary provisions.

    4. Schedule 4

       Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council.

    5. Schedule 5

       Transfer schemes relating to BBC transmission network: supplementary provisions.

    6. Schedule 6

       Transfer schemes relating to BBC transmission network: successor companies.

    7. Schedule 7

       Transfer schemes relating to BBC transmission network: taxation provisions.

    8. Schedule 8

       Amendments of Broadcasting Act 1990 relating to services provided by BBC companies.

    9. Schedule 9

       Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.

    10. Schedule 10

        Minor and consequential amendments.

        1. Part I Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting.

        2. Part II Other amendments of Broadcasting Act 1990.

        3. Part III Amendments of other enactments.

    11. Schedule 11

        Repeals and revocations.

        1. Part I Enactments repealed.

        2. Part II Subordinate legislation revoked.