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SCHEDULES

Section 360

SCHEDULE 15E+W+S+N.I.Amendments of Broadcasting Acts

Part 1E+W+S+N.I.Amendments of the 1990 Act

Licences under Part 1E+W+S+N.I.

1(1)Section 3 of the 1990 Act (licensing under Part 1) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted OFCOM.

(3)In subsection (1), for “Chapter II, III, IV or V of this Part” there shall be substituted “ Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003 ”.

(4)For subsection (8) (saving for telecommunications licences) there shall be substituted—

(8)The holding by a person of a licence under this Part shall not relieve him of—

(a)any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b)any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

Annotations:

Commencement Information

I1Sch. 15 para. 1 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General licence conditionsE+W+S+N.I.

2(1)Section 4 of the 1990 Act (general licence conditions) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), in each of paragraphs (a) and (c), after “this Act” there shall be inserted “ , the Broadcasting Act 1996 or the Communications Act 2003 ”.

(4)In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.

(5)In subsection (5) (provision of false information to be breach of condition)—

(a)for “imposed under this Part” there shall be substituted “ contained in the licence ”; and

(b) after “and 42” there shall be inserted “ or (as the case may be) sections 237 and 238 of the Communications Act 2003 (enforcement of television licensable content service licences) ”.

Annotations:

Commencement Information

I2Sch. 15 para. 2 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictions on licence holdingE+W+S+N.I.

3(1)Section 5 of the 1990 Act (restrictions on licence holding) shall be amended as follows.E+W+S+N.I.

(2)For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—

(da)impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i)shareholdings in the body; or

(ii)the directors of the body;

(db)impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i)whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

(ii)whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;.

(4)In subsection (6)—

(a)in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and

(b)in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003, ”.

(5)In subsection (6A)—

(a)paragraph (a) shall cease to have effect; and

(b)in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.

(6)Subsection (6B) shall cease to have effect.

(7)In subsection (7), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003 ”.

Annotations:

Commencement Information

I3Sch. 15 para. 3 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Repeal of previous regulatory regimeE+W+S+N.I.

4Sections 6 to 12 of the 1990 Act (which contain the mechanism for regulation in relation to licences under Part 1 of that Act) shall cease to have effect.E+W+S+N.I.

Annotations:

Commencement Information

I4Sch. 15 para. 4 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Prohibition on providing television services without a licenceE+W+S+N.I.

5(1)Section 13 of the 1990 Act (prohibition on providing television services without a licence) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (offence of providing such service without a licence), for “service falling within section 2(1)(a), (aa), (b), (c), (cc) or (d)” there shall be substituted “ relevant regulated television service ”.

(3)After that subsection there shall be inserted—

(1A)In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.

(4)In subsection (2) (exemption orders made after consulting the ITC), for “the Commission” there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I5Sch. 15 para. 5 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Television broadcasting on Channel 3E+W+S+N.I.

6In section 14 of the 1990 Act (establishment of Channel 3), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I6Sch. 15 para. 6 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Applications for Channel 3 licencesE+W+S+N.I.

7(1)Section 15 of the 1990 Act (applications for Channel 3 licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(a)the public service remit for that service,

(b)programming quotas,

(c)news and current affairs programmes, and

(d)programme production and regional programming.

(4)In subsection (3)—

(a)in paragraph (b), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i)the public service remit for that service,

(ii)programming quotas,

(iii)news and current affairs programmes, and

(iv)programme production and regional programming;

(b)paragraphs (c) to (e) shall be omitted.

(5)After subsection (3) there shall be inserted—

(3A)For the purposes of subsection (1)(d)(ii)—

(a)different percentages may be specified for different accounting periods; and

(b)the percentages that may be specified for an accounting period include a nil percentage.

(6)In subsection (4), for “paragraphs (b) to (e)” there shall be substituted “ paragraphs (b) ”.

Annotations:

Commencement Information

I7Sch. 15 para. 7 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Procedure on consideration of applications for Channel 3 licencesE+W+S+N.I.

8(1)Section 16 of the 1990 Act (consideration of applications for Channel 3 licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for “specified in subsection (2) or (3) below (as the case may be)” there shall be substituted that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i)the public service remit for that service,

(ii)programming quotas,

(iii)news and current affairs programmes, and

(iv)programme production and regional programming.

(4)Subsections (2) and (3) of that section shall cease to have effect.

(5)In subsection (4) of that section—

(a)for “specified in subsection (2) or (3) (as the case may be),” there shall be substituted that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(a)the public service remit for that service,

(b)programming quotas,

(c)news and current affairs programmes, and

(d)programme production and regional programming,;

(b)the words from “and in applying” onwards shall be omitted.

(6)Subsections (5) to (8) shall cease to have effect.

Annotations:

Commencement Information

I8Sch. 15 para. 8 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Television broadcasting on Channel 3E+W+S+N.I.

9(1)Section 17 of the 1990 Act (award of licences to person submitting highest bid) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (12)(b), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—

(i)the public service remit for that service,

(ii)programming quotas,

(iii)news and current affairs programmes, and

(iv)programme production and regional programming.

Annotations:

Commencement Information

I9Sch. 15 para. 9 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Financial conditions of licence and failures to begin a serviceE+W+S+N.I.

10In sections 17A to 19 of the 1990 Act (financial conditions in Channel 3 licences and failures to begin a service), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I10Sch. 15 para. 10 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Changes of control in period after award of licenceE+W+S+N.I.

11(1)Section 21 of the 1990 Act (changes of control in period immediately after award of licence) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2), in the definition of “associated programme provider”, for the words from “appears” to “inclusion” there shall be substituted “ is or is likely to be involved, to a substantial extent, in the provision of the programmes included ”.

Annotations:

Commencement Information

I11Sch. 15 para. 11 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Temporary provision of Channel 3 service for an additional areaE+W+S+N.I.

12In section 22 of the 1990 Act (temporary provision of regional Channel 3 Service for additional area), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I12Sch. 15 para. 12 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Appointment of members of C4 CorporationE+W+S+N.I.

13In section 23 of the 1990 Act (appointment of C4C members), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I13Sch. 15 para. 13 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Channel 4 licenceE+W+S+N.I.

14In section 24(3) of the 1990 Act (Channel 4 licence), for “the Commission” there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I14Sch. 15 para. 14 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Channel 5E+W+S+N.I.

15In section 28 of the 1990 Act (Channel 5), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I15Sch. 15 para. 15 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Application to Channel 5 of Channel 3 provisionsE+W+S+N.I.

16(1)In section 29 of the 1990 Act (application to Channel 5 of Channel 3 provisions)—E+W+S+N.I.

(a)subsection (2)(b) and the word “and” immediately preceding it, and

(b)subsection (3),

shall cease to have effect.

(2)In subsection (2)(a) of that section, for “the Commission” there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I16Sch. 15 para. 16 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Announcement of programme SchedulesE+W+S+N.I.

17In section 37(1) of the 1990 Act (conditions requiring announcement of programme Schedules), for “the Commission” there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I17Sch. 15 para. 17 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licencesE+W+S+N.I.

18(1)In sections 40 to 42 of the 1990 Act (enforcement of licences), for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

(2)In sections 41(1) and 42(1)(a) of that Act (which contain provisions relating to the enforcement of directions under Part 1 of that Act), after “this Part”, in each place, there shall be inserted “ , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003 ”.

Annotations:

Commencement Information

I18Sch. 15 para. 18 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restricted servicesE+W+S+N.I.

19In section 42B(1) of the 1990 Act (licensing of restricted services), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I19Sch. 15 para. 19 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional television servicesE+W+S+N.I.

20(1)Section 48 of the 1990 Act (additional services) shall be further amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “telecommunication” there shall be substituted “ electronic ”; and

(b)for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.

(3)In subsection (2), for paragraphs (a) and (b) there shall be substituted any part of the signals which—

(a)is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and

(b)is determined by OFCOM to be available for the provision of additional services;.

(4)After that subsection there shall be inserted—

(2A)For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.

(5)In subsection (3)—

(a)for “The Commission” there shall be substituted “ OFCOM ”; and

(b)for “(2)(a)” there shall be substituted “ (2)(b) ”; and

(c)for paragraphs (a) to (c) there shall be substituted—

(a)to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and

(aa)to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—

(i)are ancillary to programmes included in the service and directly related to their contents; or

(ii)relate to the promotion or listing of such programmes.

(6)In subsection (4), for paragraphs (a) and (b) there shall be substituted—

(a)to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and

(b)to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).

(7)For subsection (6) there shall be substituted—

(6)In this section—

electronic signals” means signals within the meaning of section 32 of the Communications Act 2003;

relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.

(8)This paragraph does not affect the validity of a licence granted or last renewed before the television transfer date, or the services licensed by any such licence.

Annotations:

Commencement Information

I20Sch. 15 para. 20(1)(2)(a) in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1

I21Sch. 15 para. 20(2)(b) (3)-(8) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licensing of additional television servicesE+W+S+N.I.

21(1)Section 49 of the 1990 Act (licensing of additional television services) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for the words from “of the following” to “48(1)(b)” there shall be substituted “ relevant frequency ”.

(4)For subsections (2) and (3) there shall be substituted—

(1A)An additional services licence is not required for an additional service that is comprised in the public teletext service (within the meaning of Part 3 of the Communications Act 2003).

(5)In subsection (10), at the end there shall be inserted “ and “relevant frequency” has the same meaning as in section 48. ”

Annotations:

Modifications etc. (not altering text)

Commencement Information

I22Sch. 15 para. 21 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Applications for additional services licencesE+W+S+N.I.

22(1)Section 50 of the 1990 Act (applications for additional services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(b)(ii), the words “(subject to the approval of the Secretary of State)” shall be omitted.

(4)Subsection (7) shall cease to have effect.

Annotations:

Commencement Information

I23Sch. 15 para. 22 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Procedure on application etc. for additional television services licencesE+W+S+N.I.

23(1)Section 51 of the 1990 Act (consideration of applications for licences for additional television services) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for paragraph (a) (requirement of approval of technical plans) there shall be substituted—

(a)that the technical plan submitted under section 50(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and.

(4)Subsections (2) and (7) shall cease to have effect.

Annotations:

Commencement Information

I24Sch. 15 para. 23 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional payments in respect of additional television services licencesE+W+S+N.I.

24In section 52 of the 1990 Act (additional payments in respect of additional television services licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I25Sch. 15 para. 24 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duration of additional television services licencesE+W+S+N.I.

25(1)Section 53 of the 1990 Act (duration and renewal of additional television services licences) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) there shall be substituted—

(1)A licence to provide additional services on a frequency which is a relevant frequency for the purposes of section 48 or (in the case of a licence granted before the television transfer date) was assigned under section 65—.

(3)In subsection (2), after “not later than” there shall be inserted “ the day falling three months before ”.

(4)In subsections (4) to (11), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(5)In subsection (8), for the words from “payable” onwards there shall be substituted “ the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 50(3). ”

(6)After that subsection there shall be inserted—

(8A)For the purposes of subsection (7)(b)—

(a)different percentages may be specified for different accounting periods; and

(b)the percentages that may be specified for an accounting period include a nil percentage.

(7)After subsection (11) there shall be inserted—

(12)A determination for the purposes of subsection (11)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.

(13)In this section “the television transfer date” has the same meaning as in the Communications Act 2003.

Annotations:

Commencement Information

I26Sch. 15 para. 25 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional television services not to interfere with other transmissionsE+W+S+N.I.

26(1)Section 54 of the 1990 Act (additional television services not to interfere with other transmissions) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Commission” there shall be substituted “ OFCOM ”.

(3)Subsection (2) shall cease to have effect.

Annotations:

Commencement Information

I27Sch. 15 para. 26 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of additional television services licencesE+W+S+N.I.

27(1)Section 55 of the 1990 Act (further provision in relation to additional television services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4) at the end there shall be inserted “ and, in the case of a licence renewed under section 53 as if the reference in section 42(4) to the end of the period for which the licence is to continue in force were a reference to the end of the period for which it has been renewed. ”

Annotations:

Commencement Information

I28Sch. 15 para. 27 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

The Welsh AuthorityE+W+S+N.I.

28(1)Section 58 of the 1990 Act (sources of programmes for S4C) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “comply with their duty under section 57(2)(b)” there shall be substituted “ fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(a) and (b) of that paragraph ”.

(3)In subsection (2)(a), for “comply with section 57(3)” there shall be substituted “ fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(c) of that paragraph ”.

(4)After subsection (5) there shall be inserted—

(6)In this section “programme” does not include an advertisement.

Annotations:

Commencement Information

I29Sch. 15 para. 28 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Distribution of licensed public service channelsE+W+S+N.I.

29(1)Section 66 of the 1990 Act (requirements relating to transmission and distribution of services) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsections (1) and (2), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.

(4)After subsection (2) there shall be inserted—

(2A)In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003.

Annotations:

Commencement Information

I30Sch. 15 para. 29 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of licences held by BBC companiesE+W+S+N.I.

30In section 66A of the 1990 Act (enforcement of licences held by BBC companies), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I31Sch. 15 para. 30 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Interpretation of Part 1E+W+S+N.I.

31(1)Section 71 of the 1990 Act (interpretation) shall be amended as follows.E+W+S+N.I.

(2)For the definitions of “S4C” and “on S4C” there shall be substituted—

S4C” has the same meaning as in Part 3 of the Communications Act 2003;.

(3)For the definitions of “television broadcasting service” and “television programme service” there shall be substituted—

“television broadcasting service”, “television licensable content service” and “television programme service” each has the same meaning as in Part 3 of the Communications Act 2003;.

Annotations:

Commencement Information

I32Sch. 15 para. 31 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licensing functions of OFCOME+W+S+N.I.

32(1)Section 85 of the 1990 Act (licensing of independent radio services) shall be amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for “such licences to provide independent radio services as they may determine” there shall be substituted “ licences to provide relevant independent radio services ”.

(4)Subsections (3) and (4) (duty to secure the meeting of a variety of tastes and interests and to ensure fair and effective competition) shall cease to have effect.

(5)After subsection (7) there shall be inserted—

(8)In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—

(a)sound broadcasting services;

(b)radio licensable content services;

(c)additional radio services.

Annotations:

Commencement Information

I33Sch. 15 para. 32 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licences under Part 3 of the 1990 ActE+W+S+N.I.

33(1)Section 86 of the 1990 Act (licences under Part 3) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)For subsection (9) of that section there shall be substituted—

(9)The holding of a licence by a person shall not relieve him of—

(a)any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b)any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

Annotations:

Commencement Information

I34Sch. 15 para. 33 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General licence conditionsE+W+S+N.I.

34(1)Section 87 of the 1990 Act (general licence conditions) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), in each of paragraphs (a) and (d), after “this Act” there shall be inserted “ , the Broadcasting Act 1996 or the Communications Act 2003 ”.

(4)In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” immediately preceding it shall be omitted.

(5)In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.

Annotations:

Commencement Information

I35Sch. 15 para. 34 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictions on holding licencesE+W+S+N.I.

35(1)Section 88 of the 1990 Act (restrictions on the holding of licences) shall be amended as follows.E+W+S+N.I.

(2)For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—

(da)impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i)shareholdings in the body; or

(ii)the directors of the body;

(db)impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i)whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

(ii)whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;.

(4)In subsection (6)—

(a)in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and

(b)in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.

(5)In subsection (6A)—

(a)paragraph (a) shall cease to have effect; and

(b)in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.

(6)Subsection (6B) shall cease to have effect.

(7)In subsection (7), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.

Annotations:

Commencement Information

I36Sch. 15 para. 35 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification of persons convicted of transmission offencesE+W+S+N.I.

36(1)Section 89 of the 1990 Act (offences giving rise to disqualification) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraph (a) there shall be substituted—

(a)an offence under section 1(1) of the Wireless Telegraphy Act 1949 (“the 1949 Act”) consisting in the establishment or use of a station for wireless telegraphy, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of section 9 of the Marine, &c., Broadcasting (Offences) Act 1967);

(aa)an offence under section 1A of the 1949 Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 1 would constitute an offence falling within paragraph (a);

(ab)an offence under section 1B or 1C of the 1949 Act (unlawful broadcasting offences);.

(3)In subsection (3), for the words from “concerned” onwards there shall be substituted concerned in—

(a)the provision of the licensed service or the making of programmes included in it; or

(b)the operation of a station for wireless telegraphy used for broadcasting the service.

(4)This paragraph does not impose a disqualification in respect of any offence committed before the commencement of this paragraph.

Annotations:

Commencement Information

I37Sch. 15 para. 36 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Offence of providing regulated radio servicesE+W+S+N.I.

37(1)Section 97 of the 1990 Act (prohibition on providing services without a licence) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)” there shall be substituted “ relevant regulated radio service ”.

(3)After that subsection there shall be inserted—

(1A)In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.

(4)In subsection (2) (exemption orders made after consulting the Radio Authority), for “the Authority” there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I38Sch. 15 para. 37 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Applications for national licencesE+W+S+N.I.

38(1)Section 98 of the 1990 Act (applications for national licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (3)(a) (proposals to accompany application)—

(a)the word “both”, and

(b)sub-paragraph (ii) and the word “and” immediately preceding it,

shall be omitted.

(4)After subsection (3) there shall be inserted—

(3A)For the purposes of subsection (1)(d)(ii)—

(a)different percentages may be specified for different accounting periods; and

(b)the percentages that may be specified for an accounting period include a nil percentage.

(5)In subsection (4) (provision of further information), after “paragraphs (a),” there shall be inserted “ (aa), ”.

(6)In subsection (6)(b) (publication of details of successful applicant), after “subsection (3)(a)” there shall be inserted “ and (aa) ”.

Annotations:

Commencement Information

I39Sch. 15 para. 38 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Consideration of applications for a national licenceE+W+S+N.I.

39(1)Section 99 of the 1990 Act (consideration of applications for national licence) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In paragraph (a) of subsection (1) (proposals to accompany application)—

(a)the word “both”, and

(b)sub-paragraph (ii) and the word “and” immediately preceding it,

shall be omitted.

(4)In paragraph (b) of that subsection, after “maintain that service” there shall be inserted “ and any proposed simulcast radio service corresponding to that service ”.

Annotations:

Commencement Information

I40Sch. 15 para. 39 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Award of national licencesE+W+S+N.I.

40In section 100 of the 1990 Act (award of national licences to person submitting highest cash bid), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I41Sch. 15 para. 40 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Failure to begin providing licensed serviceE+W+S+N.I.

41(1)Section 101 of the 1990 Act (failure to begin providing licensed service) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)—

(a)in paragraph (a) for “the service in question” there shall be substituted “ the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A ”; and

(b)in paragraph (b), for “that service” there shall be substituted “ the licensed national service or any such simulcast radio service ”.

(4)In subsection (2), for “the service in question” there shall be substituted “ the licensed national service or the simulcast radio service ”.

Annotations:

Commencement Information

I42Sch. 15 para. 41 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional payments in respect of national licencesE+W+S+N.I.

42In section 102 of the 1990 Act (additional payments in respect of national licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I43Sch. 15 para. 42 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictions affecting change in control of holder of national licenceE+W+S+N.I.

43(1)Section 103 of the 1990 Act (restrictions on change of control of national licence) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2) (interpretation)—

(a)in the definition of “associated programme provider”, for the words from “appears” to “inclusion” there shall be substituted “ is or is likely to be involved, to a substantial extent, in the provision of the programmes included ”; and

(b)in the words after the definition of “the relevant period”, for the words from “as if” onwards there shall be substituted “ as it has effect for the purposes of that Schedule. ”

Annotations:

Commencement Information

I44Sch. 15 para. 43 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Renewal of national licencesE+W+S+N.I.

44(1)Section 103A of the 1990 Act (renewal of national licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for “eight” there shall be substituted “ twelve ”.

(4)In subsection (2), after “not later than” there shall be inserted “ the day falling three months before ”.

(5)In subsection (3), paragraph (a) and in paragraph (b) the words “in any other case” shall cease to have effect.

(6)In subsection (4), for paragraph (b) there shall be substituted—

(b)the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and.

(7)For subsection (7) there shall be substituted—

(7)The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.

(7A)For the purposes of subsection (6)(c)—

(a)different percentages may be specified for different accounting periods; and

(b)the percentages that may be specified for an accounting period include a nil percentage.

(8)After subsection (10) there shall be inserted—

(10A)In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—

(a)the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

(b)on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.

(9)After subsection (11) there shall be inserted—

(12)A determination for the purposes of subsection (11)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.

Annotations:

Commencement Information

I45Sch. 15 para. 44 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Applications for local licencesE+W+S+N.I.

45(1)Section 104 of the 1990 Act (application for local licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (6), for the words from the beginning to “shall be made” there shall be substituted “ An application for a licence to provide a restricted service shall be made ”.

Annotations:

Commencement Information

I46Sch. 15 para. 45 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Renewal of local licencesE+W+S+N.I.

46(1)Section 104A of the 1990 Act (renewal of local licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for “eight” there shall be substituted “ twelve ”.

(4)In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.

(5)After subsection (12) there shall be inserted—

(12A)In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—

(a)the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

(b)on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.

(6)In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall be substituted “ paragraph 8(2) of Schedule 14 to the Communications Act 2003 ”.

(7)After subsection (13) there shall be inserted—

(14)A determination for the purposes of subsection (13)(c)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.

Annotations:

Commencement Information

I47Sch. 15 para. 46 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Special procedure for applications for local licencesE+W+S+N.I.

47(1)Section 104B of the 1990 Act (special procedure for applications for local licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)After subsection (1) there shall be inserted—

(1A)In subsection (1)(c) the reference to the service in question, in relation to a case in which it is a pre-transfer local licence that is due to expire, is a reference to the equivalent local service for which a licence is capable of being granted at times on or after the radio transfer date.

Annotations:

Commencement Information

I48Sch. 15 para. 47 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Special requirements relating to grant of local licencesE+W+S+N.I.

48(1)Section 105 of the 1990 Act (special requirements relating to grant of local licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” there shall be substituted “ OFCOM ”.

(3)For paragraph (d) (duty to have regard to the extent to which proposed service supported by persons living in the area) there shall be substituted—

(d)the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service.

Annotations:

Commencement Information

I49Sch. 15 para. 48 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Requirements as to character and coverage of servicesE+W+S+N.I.

49In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements as to character and coverage of services), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I50Sch. 15 para. 49 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of licencesE+W+S+N.I.

50In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I51Sch. 15 para. 50 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Power to suspend licences to provide radio licensable content services from a satelliteE+W+S+N.I.

51(1)Section 111B of the 1990 Act (power to suspend licence to provide satellite service) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)—

(a)in paragraph (a), for “satellite service” there shall be substituted “ radio licensable content service ”;

(b)in paragraph (b), for the words from “included in the licence” to the end of the paragraph there shall be substituted “ which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and ”.

Annotations:

Commencement Information

I52Sch. 15 para. 51 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional radio servicesE+W+S+N.I.

52(1)Section 114 of the 1990 Act (additional radio services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “telecommunication” there shall be substituted “ electronic ”; and

(b)for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.

(3)In subsection (2), for paragraphs (a) and (b) there shall be substituted any part of the signals which—

(a)is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and

(b)is determined by OFCOM to be available for the provision of additional services;.

(4)After that subsection there shall be inserted—

(2A)At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.

(2B)A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.

(5)In subsection (3), for the words from the beginning to “subsection (2)(a)” there shall be substituted “ OFCOM shall, when determining under subsection (2) ”.

(6)For subsection (6) there shall be substituted—

(6)In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.

(7)In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.

(7)This paragraph does not affect the validity of a licence granted or last renewed before the radio transfer date, or the services licensed by any such licence.

Annotations:

Commencement Information

I53Sch. 15 para. 52(1)(2)(a) in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1

I54Sch. 15 para. 52(2)(b) (3)-(7) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licensing of additional radio servicesE+W+S+N.I.

53(1)Section 115 of the 1990 Act (licensing of additional radio services) shall be amended as follows.E+W+S+N.I.

(2)For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for the words from “of the following” to “114(1)(b)” there shall be substituted “ relevant frequency ”.

(4)In subsection (4), at the end there shall be inserted “ and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence ”.

(5)In subsection (8), for “local, restricted or satellite service” there shall be substituted “ local or restricted service or to provide a radio licensable content service ”.

Annotations:

Commencement Information

I55Sch. 15 para. 53(1) (4) in force at 18.9.2003 by S.I. 2003/1900, art. 2(2), Sch. 2

I56Sch. 15 para. 53(2) (3) (5) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Applications for additional radio services licencesE+W+S+N.I.

54(1)Section 116 of the 1990 Act (applications for additional radio services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(b)(iii), the words “(subject to the approval of the Secretary of State)” shall be omitted.

Annotations:

Commencement Information

I57Sch. 15 para. 54 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Procedure for awarding additional radio services licencesE+W+S+N.I.

55(1)Section 117 of the 1990 Act (procedure for awarding additional radio services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), for paragraph (a) (requirement of approval of technical plans) there shall be substituted—

(a)that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and.

(4)Subsections (2) and (7) shall cease to have effect.

Annotations:

Commencement Information

I58Sch. 15 para. 55 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional payments in respect of additional radio services licencesE+W+S+N.I.

56In section 118 of the 1990 Act (additional payments in respect of additional radio services licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I59Sch. 15 para. 56 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional radio services not to interfere with other transmissionsE+W+S+N.I.

57(1)Section 119 of the 1990 Act (additional radio services not to interfere with other transmissions) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Authority” there shall be substituted “ OFCOM ”.

(3)Subsection (2) shall cease to have effect.

Annotations:

Commencement Information

I60Sch. 15 para. 57 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of additional radio services licencesE+W+S+N.I.

58In section 120 of the 1990 Act (enforcement of additional radio services licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I61Sch. 15 para. 58 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

InterpretationE+W+S+N.I.

59In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)—E+W+S+N.I.

(a)for the definition of “independent radio service” there shall be substituted—

independent radio service” means a service falling to be regulated under section 245 of the Communications Act 2003;;

(b)for the definitions of “local service”, “national service”, “restricted service” and “satellite service” there shall be substituted—

local service”, “national service” and “restricted service” each has the same meaning as in section 245 of the Communications Act 2003;

pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of that Act;

radio licensable content service” has the same meaning as in Part 3 of that Act;

radio transfer date” has the same meaning as in that Act;;

(c)in the definition of “sound broadcasting service” for the words from “(as defined” to the end there shall be substituted “ (within the meaning of Part 3 of the Communications Act 2003); ”.

Annotations:

Commencement Information

I62Sch. 15 para. 59 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duty to provide advance information about programmesE+W+S+N.I.

60In column 1 of the Table in section 176(7) of the 1990 Act (persons who are the providers of services for the purposes of the obligations to give advance information about programmes)—E+W+S+N.I.

(a)for “regulation by the Independent Television Commission” there shall be substituted “ regulation by OFCOM ”;

(b)for “The television broadcasting service provided by the Welsh Authority and the service referred to in section 57(1A)(a)” there shall be substituted “ The public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) ”;

(c)for “section 84(2)(a)(i)” there shall be substituted “ section 126(1) ”;

(d)for “the Radio Authority”, in both places, there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I63Sch. 15 para. 60 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Proscription of foreign satellite servicesE+W+S+N.I.

61(1)Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2), for “the Independent Television Commission or the Radio Authority consider that the quality of any relevant” there shall be substituted “ OFCOM consider that the quality of any ”.

(3)In subsection (3), for the words from the beginning to “Authority” there shall be substituted “ OFCOM ”.

(4)In subsection (6), the definition of “relevant foreign satellite service” shall be omitted.

Annotations:

Commencement Information

I64Sch. 15 para. 61 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Financing of Gaelic BroadcastingE+W+S+N.I.

62(1)Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2), for “by them under this section to be” there shall be substituted “ by the Independent Television Commission under this section and ”.

(4)This paragraph—

(a) so far as it relates to subsection (1) of section 183 has effect in relation only to financial years beginning after the television transfer date; and

(b)so far as it relates to subsection (2) of that section does not apply to amounts paid for earlier financial years.

Annotations:

Commencement Information

I65Sch. 15 para. 62 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Gaelic Broadcasting in ScotlandE+W+S+N.I.

63(1)Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on Channel 3 in Scotland) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words “subsection (2)” there shall be substituted “ subsection (1)(a) ”.

(3)In subsection (3), for the words from “The conditions” to “the purpose of” there shall be substituted “ The regulatory regime for a service to which this section applies includes the conditions that OFCOM consider appropriate for ”.

(4)After that subsection there shall be inserted—

(3A)Section 263 of the Communications Act 2003 (regulatory regime) applies in relation to conditions included by virtue of subsection (3) in the regulatory regime for a licensed service as it applies in relation to conditions which are so included by virtue of a provision of Chapter 4 of Part 3 of that Act.

(5)In subsection (4)(b), for “the Commission” there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I66Sch. 15 para. 63 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Maintenance of the national television archiveE+W+S+N.I.

64(1)In section 185 of the 1990 Act (maintenance of the national television archive)—E+W+S+N.I.

(a)for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(b)in subsection (5), the definition of “the Commission” shall be omitted.

(2)This paragraph so far as it relates to subsection (1) of that section has effect in relation only to financial years beginning after the television transfer date.

Annotations:

Commencement Information

I67Sch. 15 para. 64 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modification of networking arrangementsE+W+S+N.I.

65(1)Section 193 of the 1990 Act (modification of networking arrangements in consequence of competition legislation) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words from “the Office of Fair Trading” to “relevant authority')” there shall be substituted “ the relevant authority ”.

(3)After subsection (2) there shall be inserted—

(2A)In subsection (1), “relevant authority” means—

(a)in relation to a relevant order falling within subsection (2)(a), the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State;

(b)in relation to a relevant order falling within subsection (2)(b), the Office of Fair Trading, the Competition Commission, the Secretary of State or (as the case may be) OFCOM.

(4)In subsection (4), for “section 39(1) above” there shall be substituted “ section 290(4) of the Communications Act 2003 ”.

Annotations:

Commencement Information

I68Sch. 15 para. 65 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Search warrantsE+W+S+N.I.

66(1)Section 196 of the 1990 Act (grant of search warrant to person authorised by the Independent Television Commission or the Radio Authority) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the relevant authority” there shall be substituted “ OFCOM ”.

(3)Subsection (2) (definition of “relevant authority”) shall be omitted.

Annotations:

Commencement Information

I69Sch. 15 para. 66 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

NoticesE+W+S+N.I.

67In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a) and (b) there shall be substituted “ by OFCOM under section 21, 41, 42, 55, 103, 109, 110, 111 or 120 ”.E+W+S+N.I.

Annotations:

Commencement Information

I70Sch. 15 para. 67 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

InterpretationE+W+S+N.I.

68(1)Section 202 of the 1990 Act (general interpretation) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), after the definition of “modifications” there shall be inserted—

OFCOM” means the Office of Communications;.

(3)After subsection (6) there shall be inserted—

(6A)Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.

Annotations:

Commencement Information

I71Sch. 15 para. 68 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualified personsE+W+S+N.I.

69(1)Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be amended as follows.E+W+S+N.I.

(2)In paragraph 1(1) of Part 1, after the definition of “associate” there shall be inserted—

Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;.

(3)In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent. interest”), for “20 per cent.”, wherever occurring, there shall be substituted “ 5 per cent. ”.

(4)In Part 2 (disqualified persons), for “a licence granted by the Commission or the Authority”, wherever occurring, there shall be substituted “ a Broadcasting Act licence ”.

(5)In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within paragraphs (a) to (g)), for “(a)” there shall be substituted “ (c) ”.

(6)In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted “ under Part 3 of this Act or Part 2 of the Broadcasting Act 1996 ”.

(7)In paragraph 4(1) of Part 2, for “that body” there shall be substituted “ OFCOM ”.

(8)In paragraph 4(2) of Part 2—

(a)in paragraph (a), for “by the Commission, means a body” there shall be substituted “ under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person ”; and

(b)in paragraph (b), for “by the Authority, means a body” there shall be substituted “ under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person ”.

(9)In paragraph 5A of Part 2—

(a)in sub-paragraph (1)(a), the words “granted by the Commission”,

(b)sub-paragraph (1)(b) and the word “and” immediately preceding it,

(c)in sub-paragraph (2), the words “granted by the Authority”,

shall be omitted.

Annotations:

Commencement Information

I72Sch. 15 para. 69 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C4CE+W+S+N.I.

70(1)Schedule 3 to the 1990 Act (provision about constitution and management of C4C) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In paragraph 2(1) (persons disqualified from membership of the Corporation), for paragraphs (b) to (d) there shall be substituted or

(b)a member or employee of OFCOM.

Annotations:

Commencement Information

I73Sch. 15 para. 70 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

The Welsh AuthorityE+W+S+N.I.

71(1)Schedule 6 to the 1990 Act (provision about constitution and management of the Welsh Authority) shall be amended as follows.E+W+S+N.I.

(2)In paragraph 2 (persons disqualified from membership of the Authority)—

(a)sub-paragraph (1) shall be omitted; and

(b)in sub-paragraph (2)(b), for “the Commission” there shall be substituted “ OFCOM ”.

(3)In paragraph 12(1A), for the words from “the general fund” onwards there shall be substituted “ the assets of the Authority that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets. ”

Annotations:

Commencement Information

I74Sch. 15 para. 71 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Computation of qualifying revenueE+W+S+N.I.

72(1)Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be amended as follows.E+W+S+N.I.

(2)In Part 1, for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In Part 2, for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I75Sch. 15 para. 72 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

The Gaelic Television CommitteeE+W+S+N.I.

73(1)Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)For “Committee”, wherever occurring, there shall be substituted “ Service ”.

(4)In paragraph 8(c), the words “and (where the expenses relate to the Commission’s functions in connection with sound programmes) the Radio Authority” shall be omitted.

(5)In paragraph 11(4), the words “or the Radio Authority” and “or (as the case may be) the Authority” shall be omitted.

Annotations:

Commencement Information

I76Sch. 15 para. 73 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Part 2E+W+S+N.I.Amendments of the 1996 Act

Multiplex services and digital programme servicesE+W+S+N.I.

74(1)Section 1 of the 1996 Act (interpretation) shall be amended as follows.E+W+S+N.I.

(2)For subsection (1) there shall be substituted—

(1)In this Part “multiplex service” means (except where the context otherwise requires) a television multiplex service.

(3)In subsection (4), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.

(4)For subsection (4A) there shall be substituted—

(4A)In subsection (4), “available for reception by members of the public” means available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003) in the United Kingdom or another EEA State, or in an area of the United Kingdom or of such a State.

(5)For subsection (7) of that section there shall be substituted—

(7)In this section “broadcast” means broadcast otherwise than from a satellite.

Annotations:

Commencement Information

I77Sch. 15 para. 74 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Meaning of qualifying serviceE+W+S+N.I.

75In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for subsections (2) to (6) there shall be substituted—E+W+S+N.I.

(2)In this Part “qualifying service” means any of the following, so far as they are provided with a view to their being broadcast in digital form—

(a)a television broadcasting service included in Channel 3;

(b)Channel 4;

(c)Channel 5;

(d)S4C Digital;

(e)a television programme service provided by the Welsh Authority with the approval of the Secretary of State under section 205 of the Communications Act 2003;

(f)the digital public teletext service.

Annotations:

Commencement Information

I78Sch. 15 para. 75 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licences under Part 1E+W+S+N.I.

76(1)Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Independent Television Commission (in this Part referred to as the “the Commission”)” there shall be substituted “ OFCOM ”.

(3)In subsections (3) to (7), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(4)For subsection (8) there shall be substituted—

(8)The holding by a person of a licence under this Part shall not relieve him of—

(a)any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b)any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

Annotations:

Commencement Information

I79Sch. 15 para. 76 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licence conditionsE+W+S+N.I.

77(1)Section 4 of the 1996 Act (general licence conditions) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or the Communications Act 2003 ”.

(4)In subsection (3) (fixing fees), the words from “and the amount” onwards shall be omitted.

Annotations:

Commencement Information

I80Sch. 15 para. 77 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictions on digital licence holdingE+W+S+N.I.

78(1)Section 5 of the 1996 Act (restrictions on holding licences) shall be amended as follows.E+W+S+N.I.

(2)For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—

(da)impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i)shareholdings in the body; or

(ii)the directors of the body;

(db)impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i)whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the 1990 Act; or

(ii)whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;.

(4)In subsection (6)—

(a)in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”.

(b)in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.

(5)In subsection (7)—

(a)paragraph (a) shall cease to have effect; and

(b)in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.

(6)In subsection (8), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to the 1990 Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.

Annotations:

Commencement Information

I81Sch. 15 para. 78 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Multiplex licencesE+W+S+N.I.

79(1)Section 7 of the 1996 Act (multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4)—

(a)after paragraph (c) there shall be inserted—

(ca)the applicant’s proposals as to the number (if any) of digital sound programmes services which are to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided;

(b)in paragraph (d) for “those services” there shall be substituted “ the services mentioned in paragraphs (c) and (ca) ”.

Annotations:

Commencement Information

I82Sch. 15 para. 79 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Award of multiplex licencesE+W+S+N.I.

80(1)Section 8 of the 1996 Act (award of multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2)(f), after “digital programme service” there shall be inserted “ , digital sound programme service ”.

Annotations:

Commencement Information

I83Sch. 15 para. 80 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Power to require two or more multiplex licences to be granted to one personE+W+S+N.I.

81In section 9 of the 1996 Act (grant of two or more multiplex licences to one person), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I84Sch. 15 para. 81 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Award of multiplex licences subject to conditionsE+W+S+N.I.

82(1)Section 10 of the 1996 Act (award of multiplex licences subject to conditions) shall be amended as follows.E+W+S+N.I.

(2)For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or Part 3 of the Communications Act 2003 ”.

Annotations:

Commencement Information

I85Sch. 15 para. 82 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Failure to provide licensed service and revocationE+W+S+N.I.

83In section 11 of the 1996 Act (failure to provide licensed service and revocation), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I86Sch. 15 para. 83 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions attached to multiplex licencesE+W+S+N.I.

84In section 12 of the 1996 Act (conditions attached to multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I87Sch. 15 para. 84 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional payments in respect of multiplex licencesE+W+S+N.I.

85In section 13 of the 1996 Act (additional payments in respect of multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I88Sch. 15 para. 85 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Multiplex revenueE+W+S+N.I.

86(1)Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “section 13(1)” there shall be substituted “ this Part ”;

(b)for “the holder of a multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to any television multiplex service or any general multiplex service ”;

(c)in paragraph (a), for “the multiplex service to which the licence relates” there shall be substituted “ the relevant multiplex ”;

(d)in paragraph (b) for “of any qualifying service by means of the multiplex service” there shall be substituted “ by means of the multiplex service of any service which is a qualifying service or which (without being a qualifying service) is provided by the BBC ”;

(e)in paragraphs (c) and (d), for “the holder of the multiplex licence” and “the multiplex service”, in each place where they occur there shall be substituted, respectively, “ the multiplex provider ” and “ the relevant multiplex ”.

(3)In subsections (2) to (8)—

(a)for the words “the holder of the multiplex licence” and “the licence holder”, wherever occurring, there shall be substituted, in each case, “ the multiplex provider ”; and

(b)for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(4)In subsection (9)—

(a)for “a multiplex licence”, in each place, there shall be substituted “ a television multiplex service or a general multiplex service ”;

(b)for “the multiplex service to which the licence relates”, in each place, there shall be substituted “ that multiplex service ”;

(c)after the definition of “additional services provider” there shall be inserted—

“multiplex provider”—

(a)in relation to a television multiplex service for which a person holds a licence under this Part, means the licence holder; and

(b)in relation to a television multiplex service which is not licensed under this Part or a general multiplex service, means the person who provides that service;

(d)after the definition of “programme provider” there shall be inserted—

“the relevant multiplex”—

(a)in relation to a multiplex provider falling within paragraph (a) of the definition of that expression, means the television multiplex service to which his licence relates; and

(b)in relation to any other multiplex provider, means the television multiplex service or general multiplex service which is provided by him;

and this section and section 15 shall have effect as if references in this section to digital programme services included references to digital sound programme services and references to digital additional services included references to digital additional services within the meaning of Part 2.

Annotations:

Commencement Information

I89Sch. 15 para. 86 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Attribution of multiplex revenue to multiplex providersE+W+S+N.I.

87(1)Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “the holder of a multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to any television multiplex service ”;

(b)for “of multiplex services in that period,” there shall be substituted “ in that period of television multiplex services, ”;

(c)for “the holder of the multiplex licence” there shall be substituted, “ the multiplex provider ”.

(3)In subsection (2)—

(a)for “a multiplex service” there shall be substituted “ a television multiplex service or a general multiplex service ”;

(b)for “the holder of the multiplex licence”, wherever occurring, there shall be substituted “ the multiplex provider ”.

(4)In subsection (3)—

(a)for “the Commission” there shall be substituted “ OFCOM ”; and

(b)for “the holder of the multiplex licence” there shall be substituted “ the multiplex provider ”.

(5)In subsection (4)—

(a)after “additional services provider” there shall be inserted “ , ‘multiplex provider’ ”; and

(b)for “a multiplex licence” there shall be substituted “ a television multiplex service or a general multiplex service ”.

Annotations:

Commencement Information

I90Sch. 15 para. 87 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duration of multiplex licencesE+W+S+N.I.

88(1)Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.

(4)After subsection (12), there shall be inserted—

(12A)A determination for the purposes of subsection (12)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.

Annotations:

Commencement Information

I91Sch. 15 para. 88 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of multiplex licencesE+W+S+N.I.

89In section 17 of the 1996 Act (enforcement of multiplex licences), for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I92Sch. 15 para. 89 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licensing of digital programme servicesE+W+S+N.I.

90(1)Section 18 of the 1996 Act (licensing of digital programme services) shall be amended as follows.E+W+S+N.I.

(2)In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.

Annotations:

Commencement Information

I93Sch. 15 para. 90 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions of licences for digital programme servicesE+W+S+N.I.

91(1)Section 19 of the 1996 Act (conditions of licences for digital programme services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (3)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”;

(b)in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “ the provider of a television multiplex service or general multiplex service ”;

(c)in paragraph (a), for “by means of a multiplex service” there shall be substituted “ by means of that provider’s service ”; and

(d)in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “ the identity of the service by means of which it will be broadcast ”.

(3)Subsections (2) and (4) to (10) of that section shall cease to have effect.

Annotations:

Commencement Information

I94Sch. 15 para. 91 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duration and enforcement of multiplex licensesE+W+S+N.I.

92(1)Section 23 of the 1996 Act (enforcement of digital programme licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4), for the words from “multiplex service” onwards there shall be substituted “ television multiplex service or general multiplex service, means the last accounting period of the multiplex provider ”.

(4)In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “ television multiplex service or general multiplex service, the first accounting period of the multiplex provider ”.

(5)After that subsection there shall be inserted—

(5A)In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.

(6)In subsection (8) for “apology” there shall be substituted “ statement of findings ”.

Annotations:

Commencement Information

I95Sch. 15 para. 92 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Digital additional servicesE+W+S+N.I.

93(1)Section 24 of the 1996 Act (digital additional services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraphs (a) and (b) there shall be substituted—

(a)is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

(b)is so provided with a view either—

(i)to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or

(ii)to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;

and

(c)is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.

(3)In subsection (2) (meaning of ancillary service)—

(a)for “an independent analogue broadcaster” there shall be substituted “ a relevant public service broadcaster ”; and

(b)for paragraphs (a) and (b) there shall be substituted—

(a)assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;

(b)a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or

(c)any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.

(4)In subsection (3)(a), after “digital programme services” there shall be inserted “ , digital sound programme services ”.

(5)After subsection (3) there shall be inserted—

(3A)In this section—

assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;

available for reception by members of the public” shall be construed in accordance with section 361 of that Act;

public television service of the Welsh Authority” means—

(a)S4C Digital; or

(b)any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;

relevant public service broadcaster” means any of the following—

(a)a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;

(b)the Channel 4 Corporation;

(c)a person licensed under Part 1 of the 1990 Act to provide Channel 5;

(d)the BBC;

(e)the Welsh Authority;

(f)the public teletext provider.

Annotations:

Commencement Information

I96Sch. 15 para. 93 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licensing of digital additional servicesE+W+S+N.I.

94(1)Section 25 of the 1996 Act (licensing of digital additional services) shall be amended as follows.E+W+S+N.I.

(2)In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)After subsection (4) there shall be inserted—

(4A)A digital additional services licence is not required for a service that is or is comprised in a qualifying service.

(4)Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.

Annotations:

Commencement Information

I97Sch. 15 para. 94 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions of digital additional services licenceE+W+S+N.I.

95(1)Section 26 of the 1996 Act (conditions of licences for digital additional services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”;

(b)in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “ the provider of a television multiplex service or general multiplex service ”;

(c)in paragraph (a), for “by means of a multiplex service” there shall be substituted “ by means of that provider’s service ”; and

(d)in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “ the identity of the service by means of which it will be broadcast ”.

Annotations:

Commencement Information

I98Sch. 15 para. 95 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of digital additional television services licencesE+W+S+N.I.

96(1)Section 27 of the 1996 Act (enforcement of digital additional television services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4), for the words from “multiplex service” onwards there shall be substituted “ television multiplex service or general multiplex service, means the last accounting period of the multiplex provider ”.

(4)In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “ television multiplex service or general multiplex service, the first accounting period of the multiplex provider ”.

(5)After that subsection there shall be inserted—

(5A)In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.

Annotations:

Commencement Information

I99Sch. 15 para. 96 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Digital broadcasting of Gaelic programmesE+W+S+N.I.

97(1)Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Commission to include in any multiplex licence granted in respect of one frequency to which section 28 applies” there shall be substituted “ OFCOM to include in no more than one relevant multiplex licence ”.

(3)In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be substituted “ Seirbheis nam Meadhanan Gàidhlig ”.

(4)For subsection (9) there shall be substituted—

(9)In this section—

Gaelic” means the Gaelic language as spoken in Scotland;

relevant multiplex licence” means a multiplex licence in respect of which the Secretary of State has made an order under section 243(3) of the Communications Act 2003;

television broadcasting service” has the same meaning as in Part 3 of the Communications Act 2003.

Annotations:

Commencement Information

I100Sch. 15 para. 97 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Review of digital television broadcastingE+W+S+N.I.

98(1)Section 33 of the 1996 Act (review of digital television broadcasting) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C Digital, the qualifying teletext service” there shall be substituted “ following services, namely, Channel 3 services, Channel 4, Channel 5, the public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), the digital public teletext service ”.

Annotations:

Commencement Information

I101Sch. 15 para. 98 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of licences held by BBC companiesE+W+S+N.I.

99In section 35 of the 1996 Act (enforcement of licences held by BBC companies), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I102Sch. 15 para. 99 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Interpretation of Part 1E+W+S+N.I.

100In section 39(1) (interpretation of Part 1)—E+W+S+N.I.

(a)after the definition of “digital programme service” there shall be inserted—

digital public teletext service” has the same meaning as in Part 3 of the Communications Act 2003;

digital sound programme service” has the same meaning as in Part 2 of this Act;

general multiplex service” has the same meaning as in that Part;.

(b)for the definition of “public teletext provider” there shall be substituted—

public teletext provider” means the person for the time being licensed under Part 1 of the 1990 Act to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);

(c)for the definitions of “S4C” and “on S4C” and of “S4C Digital” and “on S4C Digital” there shall be substituted—

S4C” and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;.

(d)after the definition of “technical service” there shall be inserted—

television multiplex service” has the meaning given by section 241 of the Communications Act 2003.

Annotations:

Commencement Information

I103Sch. 15 para. 100 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Radio multiplex servicesE+W+S+N.I.

101(1)Section 40 of the 1996 Act (radio multiplex services) shall be amended as follows.E+W+S+N.I.

(2)For subsections (1) to (3) there shall be substituted—

(1)In this Part “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003.

(3)In subsection (4) (local and national multiplex services), the words “provided on a frequency or frequencies assigned to the Authority under section 45(1)” shall be omitted.

(4)In subsection (5), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.

(5)For subsection (8) of that section there shall be substituted—

(8)In this section—

available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003;

broadcast” means broadcast otherwise than from a satellite.

Annotations:

Commencement Information

I104Sch. 15 para. 101 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Licences under Part 2 of the 1996 ActE+W+S+N.I.

102(1)Section 42 of the 1996 Act (licences under Part 2) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Radio Authority (in this Part referred to as “the Authority”)” there shall be substituted “ OFCOM ”.

(3)In subsections (2), (5) and (6), for “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(4)For subsection (3) (variation of licences) there shall be substituted—

(3)OFCOM may vary a licence by a notice served on the licence holder.

(3A)OFCOM shall not vary—

(a)the period for which a licence having effect for a specified period is to continue in force, or

(b)increase the total amount of digital capacity specified in a national radio multiplex licence for the purposes of section 48(1A),

unless the licence holder consents.

(3B)OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.

(5)In subsection (4) (exceptions from power to vary licences), for “Paragraph (a) of subsection (3)” there shall be substituted “ Paragraph (a) of subsection (3A) ”.

(6)For subsection (7) there shall be substituted—

(7)The holding of a licence by a person shall not relieve him—

(a)of any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b)of any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

Annotations:

Commencement Information

I105Sch. 15 para. 102 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

General licence conditionsE+W+S+N.I.

103(1)Section 43 of the 1996 Act (general licence conditions) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1) (conditions may include conditions to give effect to duties imposed by or under 1990 Act or 1996 Act)—

(a)in paragraph (a), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or the Communications Act 2003 ”; and

(b)in paragraph (d), after “this Act” there shall be inserted “ , the 1990 Act or the Communications Act 2003 ”.

(4)In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” immediately preceding it shall be omitted.

(5)In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.

Annotations:

Commencement Information

I106Sch. 15 para. 103 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Restrictions on holding licencesE+W+S+N.I.

104(1)Section 44 of the 1996 Act (restrictions on the holding of licences) shall be amended as follows.E+W+S+N.I.

(2)For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—

(da)impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

(i)shareholdings in the body; or

(ii)the directors of the body;

(db)impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

(i)whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the 1990 Act; or

(ii)whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;.

(4)In subsection (6)—

(a)in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and

(b)in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.

(5)In subsection (7)—

(a)paragraph (a) shall cease to have effect; and

(b)in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.

(6)In subsection (8), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to the 1990 Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.

Annotations:

Commencement Information

I107Sch. 15 para. 104 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

National radio multiplex licencesE+W+S+N.I.

105(1)Section 46 of the 1996 Act (national radio multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(d), for “a direction” there shall be substituted “ a condition ”.

Annotations:

Commencement Information

I108Sch. 15 para. 105 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Award of national radio multiplex licencesE+W+S+N.I.

106In section 47 of the 1996 Act (award of national radio multiplex licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I109Sch. 15 para. 106 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Reservation of capacity for independent national broadcastersE+W+S+N.I.

107(1)Section 48 of the 1996 Act (reservation of digital capacity for independent broadcasters) shall be amended as follows.E+W+S+N.I.

(2)For subsections (1) to (3) there shall be substituted—

(1A)OFCOM must ensure that the conditions included in national radio multiplex licences (taken together) secure that an amount of digital capacity on the multiplex frequencies is reserved for every independent national broadcaster for the broadcasting of a simulcast radio service provided by that broadcaster.

(1B)Where the conditions of a licence for a national radio multiplex service reserve capacity on the frequency made available for that service for the broadcasting of a simulcast radio service provided by an independent national broadcaster, those conditions must also include the condition specified in subsection (1C).

(1C)That condition is the condition that OFCOM consider appropriate for securing that, in consideration of the making by the independent national broadcaster of the payments which —

(a)are agreed from time to time between him and the licence holder, or

(b)in default of agreement, are determined under this section,

the licence holder uses, for the broadcasting of a simulcast radio service provided by that broadcaster, such of the reserved digital capacity as may be requested, from time to time, by that broadcaster.

(1D)Where conditions are included under this section in a national radio multiplex licence reserving capacity for an independent national broadcaster, OFCOM may include conditions relating to the broadcasting of the simulcast radio service in the licence for the national service provided by that broadcaster.

(3)In subsections (4) to (6), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(4)In subsection (4), for “subsection (3)(a)” there shall be substituted “ subsection (1C) ”.

(5)After subsection (6) there shall be inserted—

(7)In this section “the multiplex frequencies” means the frequencies made available for the purposes of licensed national radio multiplex services.

Annotations:

Commencement Information

I110Sch. 15 para. 107 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Reservation of digital capacity for BBCE+W+S+N.I.

108(1)Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be amended as follows.E+W+S+N.I.

(2)In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4) (determination of capacity to be reserved), for the words from “If the BBC” to “the Secretary of State, who may” there shall be substituted “ If the BBC do not give their consent to the proposals within such period as OFCOM may specify in their notice under subsection (3), OFCOM shall ”.

(4)In subsection (5), for words from “the Secretary of State” onwards there shall be substituted “ OFCOM shall give the BBC an opportunity of making representations to them about their proposals. ”

(5)In subsection (6), after “and the BBC” there shall be inserted “ or (in default of agreement) determined under this section ”.

(6)After that subsection there shall be inserted—

(7)Where the holder of the licence and the BBC fail to agree—

(a)the payments to be made under a condition included in the licence in accordance with subsection (6), or

(b)the other terms that are to apply in relation to the use of digital capacity in accordance with such a condition,

either of them may refer the matter to OFCOM for determination.

(8)Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.

(9)In making any determination under subsection (7), OFCOM shall have regard to—

(a)the expenses incurred, or likely to be incurred, by the licence holder in providing the local radio multiplex service in question, and

(b)the terms on which persons providing local radio multiplex services contract with persons providing local digital additional services for the broadcasting of those services.

Annotations:

Commencement Information

I111Sch. 15 para. 108 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Local radio multiplex licencesE+W+S+N.I.

109(1)Section 50 of the 1996 Act (local radio multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (1)(b), for “the Secretary of State has” there shall be substituted “ OFCOM have ”.

(4)In subsection (2)(d), for “direction under section 49” substitute “ determination under section 49(4) ”.

Annotations:

Commencement Information

I112Sch. 15 para. 109 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Award of local multiplex licencesE+W+S+N.I.

110(1)Section 51 of the 1996 Act (award of local multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (2), for paragraph (f) there shall be substituted—

(f)the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service; and.

Annotations:

Commencement Information

I113Sch. 15 para. 110 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Power to require two or more local radio multiplex licences to be granted to one personE+W+S+N.I.

111In section 52 of the 1996 Act (power to require two or more local radio multiplex licences to be granted to one person), for “The Authority” and “the Authority” there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I114Sch. 15 para. 111 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Failure to begin to provide licensed serviceE+W+S+N.I.

112In section 53 of the 1996 Act (failure to provide licensed service), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I115Sch. 15 para. 112 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions which may be attached to radio multiplex licencesE+W+S+N.I.

113In section 54 of the 1996 Act (conditions which may be attached to a radio multiplex licence), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I116Sch. 15 para. 113 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Additional payments to be made in respect of national radio multiplex licencesE+W+S+N.I.

114In section 55 of the 1996 Act (additional payments to be made in respect of national radio multiplex licences) for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I117Sch. 15 para. 114 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Multiplex revenueE+W+S+N.I.

115(1)Section 56 of the 1996 Act (multiplex revenue) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “section 55(1)” there shall be substituted “ this Part ”;

(b)for “the holder of a national radio multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to a national radio multiplex service ”;

(c)in paragraph (a)(i), “to which the licence relates” shall be omitted;

(d)in paragraphs (c) and (d), for “the holder of the radio multiplex licence” there shall be substituted “ the multiplex provider ”.

(3)In subsections (2) to (8)—

(a)for “the holder of the radio multiplex licence”, “the licence holder” and “the holder of the multiplex licence”, wherever occurring, there shall be substituted, in each case, “ the multiplex provider ”; and

(b)for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(4)In subsection (9)—

(a)for “a national radio multiplex licence”, in each place, there shall be substituted “ a national radio multiplex service ”;

(b)for “the radio multiplex service to which the licence relates”, in each place, there shall be substituted “ that radio multiplex service ”;

(c)after the definition of “additional services provider” there shall be inserted—

“multiplex provider”—

(a)in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and

(b)in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.

Annotations:

Commencement Information

I118Sch. 15 para. 115 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Attribution of radio multiplex revenueE+W+S+N.I.

116(1)Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “the holder of a national radio multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to a national radio multiplex service ”; and

(b)for “the holder of the national radio multiplex licence” there shall be substituted “ the multiplex provider ”.

(3)In subsection (2), for “the holder of the radio multiplex licence”, wherever occurring, there shall be substituted “ the multiplex provider ”.

(4)In subsection (3)—

(a)for “the Authority” there shall be substituted “ OFCOM ”; and

(b)for “the holder of the national radio multiplex licence” there shall be substituted “ the multiplex provider ”.

(5)In subsection (4)—

(a)after “‘additional services provider’” there shall be inserted “ ‘, multiplex provider’ ”; and

(b)for “a national radio multiplex licence” there shall be substituted “ a national radio multiplex service ”.

Annotations:

Commencement Information

I119Sch. 15 para. 116 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Duration and renewal of radio multiplex licencesE+W+S+N.I.

117(1)Section 58 of the 1996 Act (duration and renewal of radio multiplex licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.

(4)Subsection (5) (consent of the Secretary of State for exercise of certain powers in connection with renewal) shall cease to have effect.

(5)After subsection (12) there shall be inserted—

(12A)A determination for the purposes of subsection (12)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.

Annotations:

Commencement Information

I120Sch. 15 para. 117 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of radio multiplex licencesE+W+S+N.I.

118In section 59 of the 1996 Act (enforcement of radio multiplex licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I121Sch. 15 para. 118 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Digital sound programme licensingE+W+S+N.I.

119(1)Section 60 of the 1996 Act (digital sound programme licensing) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)After subsection (6), there shall be inserted—

(6A)Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.

(4)Sub-paragraph (3) does not impose a disqualification in respect of any offence committed before the commencement of that sub-paragraph.

Annotations:

Commencement Information

I122Sch. 15 para. 119 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions of digital sound programme licencesE+W+S+N.I.

120(1)Section 61 of the 1996 Act (conditions of licences for digital sound programme services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”;

(b)in paragraphs (a) and (c), for “the holder of a radio multiplex licence”, there shall be substituted, in each case, “ the provider of a radio multiplex service, of a television multiplex service or of a general multiplex service ”;

(c)in paragraph (a) for “by means of a radio multiplex service” there shall be substituted “ by means of the multiplex service ”; and

(d)in paragraph (a)(i) for “radio multiplex service” there shall be substituted “ multiplex service ”.

Annotations:

Commencement Information

I123Sch. 15 para. 120 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of digital sound programme licencesE+W+S+N.I.

121(1)Section 62 of the 1996 Act (enforcement of digital sound programme licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4), for the words from “national radio multiplex service” onwards there shall be substituted “ relevant multiplex service, means the last accounting period of the multiplex provider ”.

(4)In subsection (5)—

(a)for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”;

(b)for “holder of the national radio multiplex licence” there shall be substituted “ multiplex provider ”; and

(c)for “the radio multiplex service” and “that radio multiplex service” there shall be substituted “ that relevant multiplex service ”.

(5)After subsection (5A) (inserted by Schedule 13) there shall be inserted—

(5B)For the purposes of this section, a service is a relevant multiplex service if it is—

(a)a national radio multiplex service;

(b)a television multiplex service; or

(c)a general multiplex service.

(5C)In this section, “multiplex provider”—

(a)in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and

(b)in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.

(6)In subsection (10) for “apology” there shall be substituted “ statement of findings ”.

Annotations:

Commencement Information

I124Sch. 15 para. 121 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Digital additional sound servicesE+W+S+N.I.

122In section 64 of the 1996 Act (licensing of digital additional sound services), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I125Sch. 15 para. 122 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Conditions of digital additional sound service E+W+S+N.I.

123(1)Section 65 of the 1996 Act (conditions of licences for digital additional sound services) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”;

(b)in paragraphs (a) and (c), for “the holder of a radio multiplex licence”, there shall be substituted, in each case, “ the provider of a radio multiplex service or of a general multiplex service ”;

(c)in paragraph (a) for “by means of a radio multiplex service” there shall be substituted “ by means of the multiplex service ”; and

(d)in paragraph (a)(i) for “radio multiplex service” there shall be substituted “ multiplex service ”.

Annotations:

Commencement Information

I126Sch. 15 para. 123 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Enforcement of digital additional sound services licencesE+W+S+N.I.

124(1)Section 66 of the 1996 Act (enforcement of digital additional services licences) shall be amended as follows.E+W+S+N.I.

(2)For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4), for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”.

(4)In subsection (5), for the words from “national radio multiplex service” onwards there shall be substituted “ relevant multiplex service, means the last accounting period of the multiplex provider ”.

(5)In subsection (6)—

(a)for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”;

(b)for “holder of the national radio multiplex licence” there shall be substituted “ multiplex provider ”; and

(c)for “the radio multiplex service” and “that radio multiplex service” there shall be substituted “ that relevant multiplex service ”.

(6)After subsection (6A) (inserted by Schedule 13) there shall be inserted—

(6B)For the purposes of this section, a service is a relevant multiplex service if it is—

(a)a national radio multiplex service; or

(b)a general multiplex service.

(6C)In this section, “multiplex provider”—

(a)in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and

(b)in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.

(7)In subsection (10) for “apology” there shall be substituted “ statement of findings ”.

Annotations:

Commencement Information

I127Sch. 15 para. 124 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Review of digital radio broadcastingE+W+S+N.I.

125In section 67 of the 1996 Act (review of digital radio broadcasting), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I128Sch. 15 para. 125 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

InterpretationE+W+S+N.I.

126In section 72(1) of the 1996 Act (interpretation), for the definition of “radio multiplex service” there shall be substituted—E+W+S+N.I.

radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003;

the radio transfer date” has the same meaning as in the Communications Act 2003;.

Annotations:

Commencement Information

I129Sch. 15 para. 126 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Listed eventsE+W+S+N.I.

127(1)Section 98 of the 1996 Act (categories of service for the purposes of Part 4 of that Act) shall be amended as follows.E+W+S+N.I.

(2)In subsection (3), for the words from “television” onwards there shall be substituted “ licence for the purposes of section 363 of the Communications Act 2003 ”.

(3)In subsection (5), for “The Commission” there shall be substituted “ OFCOM ”.

(4)In subsection (6), for “transmission for general reception of television programmes by satellite” there shall be substituted “ broadcasting 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) ”.

Annotations:

Commencement Information

I130Sch. 15 para. 127 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

128In sections 101, 101B, 102 and 103 of the 1996 Act (restrictions on, and penalties for, televising listed and designated events), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I131Sch. 15 para. 128 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

129(1)Section 104 of the 1996 Act (code of guidance) shall be amended as follows.E+W+S+N.I.

(2)For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In subsection (4)(d), the words “by the Commission” and “by them” shall be omitted.

Annotations:

Commencement Information

I132Sch. 15 para. 129 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

130In section 104A of the 1996 Act (provision of information about listed and designated events), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.

Annotations:

Commencement Information

I133Sch. 15 para. 130 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

131In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition of “the Commission” shall be omitted.E+W+S+N.I.

Annotations:

Commencement Information

I134Sch. 15 para. 131 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Broadcasting standardsE+W+S+N.I.

132(1)Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be amended as follows.E+W+S+N.I.

(2)For “the BSC” and “The BSC”, wherever occurring in any of sections 107, 110, 111, 114, 115, 118 to 121 there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I135Sch. 15 para. 132 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

133In section 107(5)(b) of the 1996 Act (code relating to avoidance of unjust or unfair treatment etc.), for “the service referred to in section 57(1A)(a) of the 1990 Act” there shall be substituted “ any public service of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) ”.E+W+S+N.I.

Annotations:

Commencement Information

I136Sch. 15 para. 133 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

134In section 115 of the 1996 Act (consideration of fairness complaints)E+W+S+N.I.

(a)in subsection (2)(d), for “to (c)” there shall be substituted “ or (b) ”; and

(b)in subsection (8), for “they shall send a statement of” there shall be substituted “ OFCOM shall send a copy of ”.

Annotations:

Commencement Information

I137Sch. 15 para. 134 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

135In section 117 of the 1996 Act (duty of broadcasting body to retain recordings of programmes), for “sections 115 and 116” there shall be substituted “ section 115 ”.E+W+S+N.I.

Annotations:

Commencement Information

I138Sch. 15 para. 135 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

136(1)For subsections (1) and (2) of section 119 of the 1996 Act there shall be substituted—E+W+S+N.I.

(1)Where OFCOM have considered and adjudicated upon a fairness complaint, they may direct the relevant person to publish the matters mentioned in subsection (3) in such manner, and within such period, as may be specified in the directions.

(2)In that section—

(a)in subsection (4), for “subsection (2)” there shall be substituted “ subsection (1) ”;

(b)in subsection (5), for “(3)(a), (b) or (c)” there shall be substituted “ (3)(a) or (b) ”;

(c)in subsection (6), for “broadcasting or regulatory body” there shall be substituted “ relevant person ” and for “them” there shall be substituted “ him ”;

(d)in subsection (8), the words “or standards complaint” and in paragraph (c) the words “, a regulatory body” shall be omitted;

(e)in subsection (10), for paragraphs (a) and (b) there shall be substituted “ a relevant person ”; and

(f)subsection (12) shall cease to have effect.

(3)After subsection (11) of that section there shall be inserted—

(11A)In this section “relevant person” means—

(a)in a case where the relevant programme was broadcast by a broadcasting body, that body; and

(b)in a case where the relevant programme was included in a licensed service, the licence holder providing that service.

Annotations:

Commencement Information

I139Sch. 15 para. 136 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

137In section 130(1) of the 1996 Act (interpretation of Part 5), for paragraphs (b) and (c) of the definition of “licensed service” there shall be substituted—E+W+S+N.I.

(aa)the public teletext service,

(b)any relevant independent radio service (within the meaning of section 85 of the 1990 Act),

(c)any additional service (within the meaning of Part 1 of the 1990 Act) which is licensed under that Part,.

Annotations:

Commencement Information

I140Sch. 15 para. 137 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification on grounds related to political objectsE+W+S+N.I.

138(1)Section 143 of the 1996 Act (disqualification on grounds related to political objects) shall be amended as follows.E+W+S+N.I.

(2)In each of subsections (1) and (2)—

(a)for “the Independent Television Commission” and “the Commission” there shall be substituted “ OFCOM ”; and

(b)for “section 5(1) of the 1990 Act, or as the case may be section 5(1) of this Act” there shall be substituted “ section 5(1) or 88(1) of the 1990 Act or section 5(1) or 44(1) of this Act ”.

(3)In subsection (1), for “Part I or II of the 1990 Act or Part I of this Act” there shall be substituted “ Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act, ”.

(4)In subsection (2), for “Parts I or II of the 1990 Act or Part I of this Act” there shall be substituted “ Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act, ”.

(5)Subsections (3) and (4) shall cease to have effect.

(6)In subsection (5), for “to (4)” there shall be substituted “ and (2) ”.

(7)In subsection (6), for paragraphs (a) and (b) there shall be substituted “ the duties imposed on OFCOM by sections 5(1) and 88(1) of the 1990 Act and sections 5(1) and 44(1) of this Act. ”

Annotations:

Commencement Information

I141Sch. 15 para. 138 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Offence of providing false informationE+W+S+N.I.

139(1)Section 144 of the 1996 Act (offence of providing false information) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “to the relevant authority a statement”, in each place, there shall be substituted “ a statement to OFCOM ”.

(3)In subsection (2), for “the relevant authority” there shall be substituted “ OFCOM ”.

(4)Subsection (5) shall cease to have effect.

Annotations:

Commencement Information

I142Sch. 15 para. 139 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Disqualification for supplying false informationE+W+S+N.I.

140(1)Section 145 of the 1996 Act (disqualification for offence of supplying false information) shall be amended as follows.E+W+S+N.I.

(2)In subsection (5), for “the relevant authority” there shall be substituted “ OFCOM ”.

(3)In subsection (7)—

(a)for “5(1)(a) and 88(1)(a)” there shall be substituted “ 5(1)(a) and (2)(db), 32(12) and 88(1)(a) and (2)(db) ”; and

(b)for “5(1)(a) and 44(1)(a)” there shall be substituted “ 5(1)(a) and (2)(db) and 44(1)(a) and (2)(db) ”.

(4)In subsection (8) of that section, for the definition of “licence” there shall be substituted—

licence” means a licence under Part 1 or 3 of the 1990 Act or under Part 1 or 2 of this Act;.

Annotations:

Commencement Information

I143Sch. 15 para. 140 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

InterpretationE+W+S+N.I.

141In section 147(1) of the 1996 Act (general interpretation), after the definition of “the BBC” there shall be inserted—E+W+S+N.I.

OFCOM” means the Office of Communications;.

Annotations:

Commencement Information

I144Sch. 15 para. 141 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Computation of qualifying revenueE+W+S+N.I.

142(1)Schedule 1 to the 1996 Act (computation of “multiplex revenue” etc.) shall be amended as follows.E+W+S+N.I.

(2)In Part 1, for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.

(3)In Part 2, for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

Annotations:

Commencement Information

I145Sch. 15 para. 142 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)