Part 3

Television and Radio Services ETC
Chapter 5

Media ownership and control

Restrictions on licence holders

Licence holding by local authorities
349
1
In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences), in paragraph 1 (which includes a disqualification for local authorities)—
a
in sub-paragraph (1), for “sub-paragraph (2)” there shall be substituted “ sub-paragraph (1A) ”; and
b
after that sub-paragraph there shall be inserted—
1A
Where a service is provided exclusively for the purposes of the carrying out of the functions of a local authority under section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities), a person is disqualified by virtue of sub-paragraph (1) in relation to a licence to provide that service only if he would be so disqualified disregarding paragraph (c) of that sub-paragraph.
2
In section 142 of the Local Government Act 1972 (c. 70)
(provision by local authorities of information relating to their activities), after subsection (1A) there shall be inserted—
1AA
A local authority may—
a
for the purpose of broadcasting or distributing information falling within subsection (1AB), provide an electronic communications network or electronic communications service, or
b
arrange with the provider of such a network or service for the broadcasting or distribution of such information by means of the network or service.
1AB
Information falls within this subsection, in relation to a local authority, if it is one or both of the following—
a
information concerning the services within the area of the authority that are provided either by the authority themselves or by other authorities mentioned in subsection (1B) below;
b
information relating to the functions of the authority.
1AC
Nothing in subsection (1AA) entitles a local authority to do anything in contravention of a requirement or restriction imposed by or under—
a
the Wireless Telegraphy Act 1949,
b
the Broadcasting Act 1990,
c
the Broadcasting Act 1996, or
d
the Communications Act 2003,
and in that subsection “electronic communications network” and “electronic communications service” each has the same meaning as in the Communications Act 2003.
3
In section 2(1) of the Local Government Act 1986 (c. 10)
(restriction on publication by a local authority of material designed to affect support for a political party), after “publish” there shall be inserted “ , or arrange for the publication of, ”.
S. 349 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4