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Broadcasting Act 1996

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  • specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

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Commencement Orders yet to be applied to the Broadcasting Act 1996

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Commencement Orders bringing legislation that affects this Act into force:

Division of BBC’s undertaking by schemeE+W+S+N.I.

2(1)For the purposes of making any such division as the BBC consider appropriate of any of the property, rights and liabilities of the BBC between two or more persons (including any division between the BBC and any one or more other persons), a transfer scheme may contain provision—E+W+S+N.I.

(a)for the creation in favour of the BBC of an interest or right in or in relation to property transferred in accordance with that scheme to any person,

(b)for the creation, in favour of a person to whom any transfer is made, of an interest or right in or in relation to property so transferred to another,

(c)for giving effect to a transfer to any person by the creation, in favour of that person, of an interest or right in or in relation to property retained by the BBC,

(d)for rights and liabilities to be transferred so as to be enforceable by or against more than one transferee or by or against both one or more transferees and the BBC,

(e)for rights and liabilities enforceable by or against more than one person in accordance with any provision falling within paragraph (d) to be enforceable in different or modified respects by or against each or any of them,

(f)for the creation of new rights and liabilities as between different transferees and as between any transferee and the BBC, and

(g)without prejudice to paragraph (f), for imposing on any transferee or the BBC an obligation—

(i)to enter into such written agreements with any other person on whom any corresponding obligation is, could be or has been imposed by virtue of this paragraph of this Schedule (whether in the same or a different scheme), or

(ii)to execute such instruments in favour of any such person,

as may be specified or described in the scheme.

(2)A transfer scheme may contain such supplemental and incidental provision with respect to the interests, rights and liabilities of third parties in relation to anything to which the scheme relates as the BBC consider to be necessary or expedient for the purposes of any such division as is mentioned in sub-paragraph (1), or in connection with anything contained in the scheme by virtue of that sub-paragraph.

(3)The provision that may be contained in a transfer scheme by virtue of sub-paragraph (2) shall include provision for interests, rights or liabilities to which any third party is entitled or subject in relation to anything to which the scheme relates to be modified in such respects or in such manner as may be specified or determined under the scheme.

(4)An obligation imposed on any person by virtue of sub-paragraph (1)(g) shall be enforceable by the bringing, by any person with or in favour of whom the agreement or instrument is to be entered into or executed, of civil proceedings for an injunction or for interdict or for other appropriate relief.

(5)In this paragraph—

(a)references, in relation to a transfer scheme, to a transferee include references to any person in whose favour any interest or right is created in accordance with the scheme, and

(b)the reference, in relation to such a scheme, to a third party is a reference to a person other than—

(i)the BBC, or

(ii)any person who (apart from any provision made by virtue of sub-paragraph (1)(e) or (2)) is a transferee.

(6)Sub-paragraphs (2) and (3) shall be without prejudice to the generality of paragraph 4(1).

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