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Part IVU.K. Sporting and other events of national interest

Modifications etc. (not altering text)

C1Pt. 4: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 13 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

97 Listed events.U.K.

(1)For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.

(2)The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (1) unless he has first consulted—

(a)the BBC,

(b)the Welsh Authority,

(c)the Commission, and

(d)in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

(3)As soon as he has drawn up or revised such a list as is mentioned in subsection (1), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—

(a)the persons mentioned in subsection (2), and

(b)every person who is the holder of a licence granted F1... under Part I of the 1990 Act or a digital programme licence granted F1... under Part I of this Act.

(4)In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.

(5)The addition of any relevant event to such a list as is mentioned in subsection (1) shall not affect—

(a)the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed addition, or

(b)the exercise of any rights acquired under such a contract.

(6)The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.

Textual Amendments

F1Words in s. 97(3)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 299(2), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

[F298 Categories of service.U.K.

(1)For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows—

(a)those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and

(b)all other television programme services and EEA satellite services.

(2)In this section “the qualifying conditions”, in relation to a service, means the conditions—

(a)that the service is provided without any consideration being required for reception of the service, and

(b)that the service is received by at least 95 per cent. of the population of the United Kingdom.

(3)There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a [F3licence for the purposes of section 363 of the Communications Act 2003] .

(4)The condition in subsection (2)(b)

(a)is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

(b)is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

(5)[F4OFCOM] shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.

(6)In this section “EEA satellite service” means any service which—

(a)consists in the [F5broadcasting of television programmes from a satellite so as to be available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003)] , and

(b)is provided by a person who for the purposes of [F6the Audiovisual Media Services Directive] is under the jurisdiction of an EEA State other than the United Kingdom.]

Textual Amendments

F2S. 98 substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 1 (with reg. 4(2))

F3Words in s. 98(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4Words in s. 98(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5Words in s. 98(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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

(1)Any contract entered into after the commencement of this section under which a television programme provider acquires rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or in any area of the United Kingdom, shall be void so far as it purports, in relation to the whole or any part of the event or in relation to reception in the United Kingdom or any area of the United Kingdom, to grant those rights exclusively to any one television programme provider.

(2)In this Part “television programme provider” means the BBC, the Welsh Authority or any person who is the holder of any licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act.

(3)For the purposes of this section rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider are granted exclusively if the person granting them—

[F7(a)has not granted any right to televise the whole or, as the case may be, that part of the event live for reception in that area to any other television programme provider nor to any broadcaster who for the purposes of [F8the Audiovisual Media Services Directive] is under the jurisdiction of an EEA State other than the United Kingdom, and]

(b)is precluded by the terms of the contract from doing so.

Textual Amendments

F7S. 99(3)(a) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 2

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

F9(1)Any contract entered into after the commencement of this section shall be void so far as it purports to grant to a television programme provider rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or any area of the United Kingdom, unless the contract complies with subsection (2).

(2)A contract complies with this subsection if the terms of the contract allow the television programme provider to include the live coverage of the listed event—

(a)only in a television programme service falling within paragraph (a) of subsection (1) of section 98, or

(b)only in a television programme service falling within paragraph (b) of that subsection.

Textual Amendments

F9S. 100(1) restricted (19.1.2000) by S.I. 2000/54, reg. 4(1)

101 Restriction on televising of listed event.U.K.

(1)A [F10television programme provider] providing a service falling within either of the categories set out in subsection (1) of section 98 (“the first service”) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of [F11OFCOM] , include in that service live coverage of the whole or any part of a listed event unless—

(a)another person, who is providing a service falling within the other category set out in that subsection (“the second service”), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event, and

(b)the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.

(2)[F11OFCOM] may revoke any consent given by them under subsection (1).

(3)Failure to comply with subsection (1) shall not affect the validity of any contract.

(4)Subsection (1) shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.

Textual Amendments

F10Words in s. 101(1) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 3 (with reg. 4(2))

F11Words in s. 101 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F12101A Designated events in relation to other EEA States.U.K.

For the purposes of this Part, a sporting or other event is a designated event, in relation to an EEA State other than the United Kingdom, if—

(a)that State has designated the event in accordance with [F13Article 14(1) of the Audiovisual Media Services Directive] as being of major importance to its society, and

(b)the designation forms part of measures—

(i)which have been notified by that State to the European Commission for the purposes of [F14Article 14(2)] of that Directive, and

(ii)notice of which has been published by the European Commission in the Official Journal of the Communities.]

Textual Amendments

F12Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

F15101B Restriction on televising of an event designated by other EEA State.U.K.

(1)A television programme provider shall not, without the previous consent of [F16OFCOM] , exercise rights to televise the whole or part of an event which is a designated event, in relation to an EEA State other than the United Kingdom, for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with [F17Article 14(1) of the Audiovisual Media Services Directive] .

(2)[F16OFCOM] may revoke any consent given by them under subsection (1).

(3)Failure to comply with subsection (1) shall not affect the validity of any contract.

F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

F16Words in s. 101B substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

102 Power of [F19OFCOM] to impose penalty.U.K.

(1)If [F19OFCOM] —

(a)are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection (1) of section 101 [F20or subsection (1) of section 101B], and

(b)are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,

they may require him to pay, within a specified period, a specified financial penalty to [F19OFCOM] .

(2)If [F19OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F21or subsection (1) of section 101B], the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—

(a)provided them with information which was false in a material particular, or

(b)withheld any material information with the intention of causing [F19OFCOM] to be misled,

they may require him to pay, within a specified period, a specified financial penalty to [F19OFCOM] .

[F22(2A)Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with subsection (1) of section 101B, [F19OFCOM] shall consult such persons (who may include competent authorities in other EEA States) as appear to [F19OFCOM] to be appropriate.]

(3)The amount of any financial penalty imposed on any person under subsection (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.

(4)In subsection (3)—

(a)“the relevant consideration” means an amount determined by [F19OFCOM] as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and

(b)“the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.

(5)An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where [F19OFCOM] receive any amount payable to them by virtue of subsection (1) or (2), that amount shall not form part of the revenues of [F19OFCOM] but shall be paid into the Consolidated Fund.

(7)Any amount payable by any person to [F19OFCOM] by virtue of subsection (1) or (2) shall be recoverable by them as a debt due to them from that person.

Textual Amendments

F19Words in s. 102 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F20Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)

F21Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)

F22S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)

103 Report to Secretary of State.U.K.

(1)If [F23OFCOM] —

(a)are satisfied that a broadcasting body has failed to comply with subsection (1) of section 101 [F24or subsection (1) of section 101B], and

(b)are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,

they shall make a report on the matter to the Secretary of State.

(2)If [F23OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F25or subsection (1) of section 101B], a broadcasting body has—

(a)provided them with information which was false in a material particular, or

(b)withheld any material information with the intention of causing [F23OFCOM] to be misled,

they shall make a report on the matter to the Secretary of State.

[F26(2A)Before reporting to the Secretary of State that a broadcasting body has failed to comply with subsection (1) of section 101B, [F23OFCOM] shall consult such persons (who may include competent authorities in other EEA States) as appear to [F23OFCOM] to be appropriate.]

(3)In this section “broadcasting body” means the BBC or the Welsh Authority.

Textual Amendments

F23Words in s. 103 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F24Words in s. 103(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(2)

F25Words in s. 103(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(3)

F26S. 103(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(4)

104 Code of guidance.U.K.

[F27(1)OFCOM shall draw up, and may from time to time revise, a code giving guidance—

(a)as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1); and

(b)as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1).]

(2)In exercising their powers under this Part, [F28OFCOM] shall have regard to the provisions of the code.

(3)Before drawing up or revising the code [F28OFCOM] shall consult such persons as appear to [F28OFCOM] to be appropriate.

(4)As soon as [F28OFCOM] have drawn up or revised such a code, [F28OFCOM] shall publish the code in such manner as they consider appropriate for bringing it to the attention of—

(a)the BBC,

(b)the Welsh Authority,

(c)every person from whom the rights to televise a listed event may be acquired, and

(d)every person who is the holder of a licence granted F29... under Part I of the 1990 Act or a digital programme licence granted F29... under Part I of this Act.

Textual Amendments

[F30104ZARegulations about coverage of listed eventsU.K.

(1)OFCOM may make regulations for determining for the purposes of this Part—

(a)the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live;

(b)what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and

(c)the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage.

(2)The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B.

(3)Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.]

Textual Amendments

[F31104A Provision of information.U.K.

(1)A television programme provider shall, at the request of [F32OFCOM] , provide them with such information as [F32OFCOM] consider appropriate regarding any contract which he has entered into which relates to an event which, in relation to an EEA State other than the United Kingdom, is a designated event.

(2)If so requested by a competent authority in an EEA State other than the United Kingdom, [F32OFCOM] shall provide the authority with such information relating to rights to televise listed events or designated events as [F32OFCOM] consider it appropriate to provide.]

Textual Amendments

F31S. 104A inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 8

F32Words in s. 104A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 130 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

105 Interpretation of Part IV and supplementary provisions.U.K.

(1)In this Part (unless the context otherwise requires)—

[F33“ adequate alternative coverage” and “live” ” are to be construed in accordance with any regulations under section 104ZA;]

[F34“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;]

“Channel 4” has the same meaning as in Part I of the 1990 Act;

F35...

[F36“designated event”, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;]

[F37“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;]

“listed event” has the meaning given by section 97(1);

F35...

“national Channel 3 service” and “regional Channel 3 service” have the same meaning as in Part I of the 1990 Act;

[F38“S4C” has the same meaning as in Part I of the 1990 Act;]

“television broadcasting service” has the same meaning as in Part I of the 1990 Act;

“television programme provider” has the meaning given by section 99(2);

“television programme service” has the same meaning as in Part I of the 1990 Act.

(2)Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.

Textual Amendments

F33Words in s. 105(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 302(2), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F36S. 105(1) definition of “designated event” inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 9(a)

F38S. 105(1) definition of “S4C” inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 9(c)