Communications Act 2003 (c. 21)

SCHEDULES

SCHEDULE 15 U.K. Amendments of Broadcasting Acts

Part 2 U.K. Amendments of the 1996 Act

Broadcasting standards U.K.

132 (1) Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be amended as follows. U.K.

(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 ”.

Commencement Information

I1 Sch. 15 para. 132 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

133 U.K. In 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) ”.

Commencement Information

I2 Sch. 15 para. 133 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

134 U.K. In section 115 of the 1996 Act (consideration of fairness complaints)

(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 ”.

Commencement Information

I3 Sch. 15 para. 134 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

135 U.K. In 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 ”.

Commencement Information

I4 Sch. 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— U.K.

“(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.”

Commencement Information

I5 Sch. 15 para. 136 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

137 U.K. In 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—

“(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,”.

Commencement Information

I6 Sch. 15 para. 137 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)