The Television Multiplex Services (Renewal of Multiplex Licences) Order 2021

Interpretation

2.—(1) In this Order—

(a) “the 1996 Act” means the Broadcasting Act 1996(1);

(b) “the 2003 Act” means the Communications Act 2003;

(c) “Multiplex A” means the television multiplex service which, on the day this Order is made, SDN Limited(2) is authorised to provide by virtue of the licence to that effect (“the Multiplex A licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission(3) on 26th May 1998 and renewed under that Part by OFCOM on 8th May 2009(4);

(d) “Multiplex B” means the television multiplex service which, on the day this Order is made, BBC Free to View Limited(5) is authorised to provide by virtue of the licence to that effect (“the Multiplex B licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 16th August 2002 and renewed under that Part by OFCOM on 6th February 2013(6);

(e) “Multiplex C” means the television multiplex service which, on the day this Order is made, Arqiva Muxco Limited(7) is authorised to provide by virtue of the licence to that effect (“the Multiplex C licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 16th August 2002 and renewed under that Part by OFCOM on 17th February 2012(8);

(f) “Multiplex D” means the television multiplex service which, on the day this Order is made, Arqiva Muxco Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex D licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 16th August 2002 and renewed under that Part by OFCOM on 17th February 2012(9);

(g) “Multiplex 2” means the television multiplex service which, on the day this Order is made, Digital 3 and 4 Limited(10) is authorised to provide by virtue of the licence to that effect (“the Multiplex 2 licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 19th December 1997 and renewed under that Part by OFCOM on 3rd June 2009(11).

(2) References in this Order (however expressed)—

(a) to the Multiplex A licence, the Multiplex B licence, the Multiplex C licence, the Multiplex D licence or the Multiplex 2 licence include references to those licences as amended from time to time by OFCOM, whether before or (so far as the context permits) after the day on which this Order is made;

(b) to the holder of any licence, in relation to any time, are to the person who is the holder of the licence in question at that time.

(3) In relation to the Isle of Man, references in this Order to any provision of the 1996 Act or 2003 Act are to that provision as it has effect in the Isle of Man.

(4) In relation to the Bailiwick of Guernsey, references in this Order to any provision of the 1996 Act or 2003 Act are to that provision as it has effect in the Bailiwick of Guernsey.

(5) In relation to Jersey, references in this Order to any provision of the 1996 Act or 2003 Act are to that provision as it has effect in Jersey.

(1)

Section 405(1) of the 2003 Act defines “the 1996 Act” as meaning the Broadcasting Act 1996 (c. 55). Part 1 of that Act was extended (with modifications) to Guernsey by S.I. 2003/3192, to the Isle of Man by S.I. 2003/3193 and to Jersey by S.I. 2003/3203.

(2)

A company incorporated in England and Wales under the company number 03309912.

(3)

The functions of the Independent Television Commission in relation to licensing etc. of television services were transferred to OFCOM by section 2 of, and paragraph of Schedule 1 to, the 2003 Act.

(4)

The renewal of the licence took effect on 16th November 2010 and the licence continues for a term of 12 years from that date. A copy of all the multiplex licences mentioned in this instrument is available from ofcom.org.uk.

(5)

A company incorporated in England and Wales under the company number 04435176.

(6)

The renewal of the licence took effect on 17th November 2014 and the licence continues for a term of 12 years from that date.

(7)

A company incorporated in England and Wales under the company number 02333949.

(8)

The renewal of the licence took effect on 17th November 2014 and the licence continues for a term of 12 years from that date.

(9)

The renewal of the licence took effect on 17th November 2014 and the licence continues for a term of 12 years from that date.

(10)

A company incorporated in England and Wales under the company number 03293827.

(11)

The renewal of the licence took effect on 20th December 2010 and the licence continues for a term of 12 years from that date.