Search Legislation

Scotland Act 1998

Section K1: Broadcasting
Purpose and Effect

This Section reserves broadcasting.  All regulatory responsibilities relating to television and radio broadcasting will be reserved including the functions of the regulatory bodies.  The functions and regulation of the BBC will also be a reserved matter.

Parliamentary Consideration
StageDateColumn
CC4-Mar-981095
CC4-Mar-981096
LC27-Jul-981308
LR3-Nov-98234
Details of Provisions
Reservation

The subject-matter of the Broadcasting Acts 1990 and 1996 and the BBC, are reserved matters.

The regulatory framework for broadcasting is an important aspect of the single market in the UK.  The management of the airwaves and of competition in the independent television sector will therefore continue to be carried out on a UK-wide basis.

The Broadcasting Acts 1990 and 1996 broadly cover:

(a)

the Independent Television Commission and the Radio Authority, the regulation of the provision of television and sound programme services and related services, including provision by means of broadcasting, telecommunications systems, satellite or any other means, the issue of licences to independent television companies and control of the activities of licence holders;

(b)

the control of material in television and sound programmes and related services; and

(c)

the regulation of standards in the provision of such services including the functions of the Broadcasting Standards Commission.

The BBC operates under its Royal Charter, and is also subject to some of the provisions of the Broadcasting Acts.

The reservation does not prevent the Scottish Parliament from discussing broadcasting in Scotland.  It is able (without any special provision in the Act) to invite the BBC, the ITC and other broadcasting bodies to attend hearings of its committees and to discuss broadcasting priorities but it cannot require them to attend or give evidence.

Executive Devolution

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Broadcasting Act 1990 (c.42), section 183.

The function of the Secretary of State to pay to the  Independent Television Commission for each financial year such amount as he may, with the approval of the Treasury, determine to be appropriate for the purposes of the section which is the financing of television and sound programmes in Gaelic out of the Gaelic Broadcasting Fund.

The following functions have been made concurrently exercisable by a Minister of the Crown and the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Broadcasting Act 1990 (c.42), Schedule 1, paragraph 15(1), Schedule 8, paragraph 15(1) and Schedule 19, paragraph 12(3).

Schedule 1, paragraph 15(1) - The functions of the Secretary of State:

(a)

of receiving from the Independent Television Commission a general report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

Schedule 8, paragraph 15(1) - The functions of the Secretary of State:

(a)

of receiving from the Radio Authority a general report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

Schedule 19, paragraph 12(3)

The functions of the Secretary of State of receiving the Gaelic Television Committee’s annual report and of laying a copy of the report before Parliament.

The Broadcasting Act 1996 (c.55), section 125(1).

The functions of the Secretary of State:

(a)

of receiving from the Broadcasting Standards Commission a report of their proceedings during each financial year; and

(b)

of laying copies of each such report before each House of Parliament.

The following functions have been made exercisable by a Minister of the Crown subject to a requirement for agreement of or consultation with the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Broadcasting Act 1990(c.42):

(a)

section 1(2)(b), as read with paragraph 2(3) of Schedule 1;

Section 1(2)(b), as read with paragraph 2(3) of Schedule 1 - the function of the Secretary of State of appointing a member of the Independent Television Commission suited to make the interest of Scotland his special care.

(b)

section 83(2)(b), as read with paragraph 2(1A) of Schedule 8.

Section 83(2)(b) as read with paragraph 2(1A) of Schedule 8 - The function of the Secretary of State, in appointing members of the Radio Authority under section 83, to appoint a member who appears to him to be suited to make the interests of Scotland his special care.

The Broadcasting Act 1996 (c.55), section 106(2)(c), as read with paragraph 3(1A) of Schedule 3.

Section 106(2)(c), as read with paragraph 3(1A) of Schedule 3 - the function of the Secretary of State of appointing members of the Broadcasting Standards Commission, but only so far as relating to appointment of a member suited to make the interests of Scotland his special care.

Advice to The Queen

Special arrangements for giving advice to The Queen were described in a written answer by the Prime Minister on 30 June 1999 (WA col 215) and an associated paper deposited in the House of Commons Library.

The National Governor for Scotland of the BBC is appointed under the provisions of the Royal Charter. The Secretary of State for Culture, Media and Sport will consult the Scottish Ministers about the appointment of the National Governor for Scotland

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources