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The Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990

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Statutory Instruments

1990 No. 2347 (C.61)

BROADCASTING

The Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990

Made

27th November 1990

In exercise of the powers conferred upon me by sections 200 and 204(2) of the Broadcasting Act 1990(1), I hereby make the following Order:

1.—(1) This Order may be cited as the Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990.

(2) In this Order “the 1990 Act” means the Broadcasting Act 1990.

2.  The provisions of the 1990 Act which are specified in Schedule 1 to this Order shall come into force on 1st December 1990.

3.—(1) Subject to paragraphs (2) and (3) below, the provisions of the 1990 Act which are specified in Schedule 2 to this Order shall come into force on 1st January 1991.

(2) Paragraph (1) above and Schedule 2 to this Order shall not apply so as to bring into force the replacement of the reference to the Independent Broadcasting Authority by the amendment made by paragraph 36 of Schedule 20 to the 1990 Act until such time as that Authority is dissolved by order under section 127(3) of the 1990 Act.

(3) Paragraph (1) above and Schedule 2 to this Order shall not apply so as to bring into force the repeal by Schedule 21 to the 1990 Act of those provisions of the Broadcasting Act 1981(2) and the Cable and Broadcasting Act 1984(3), together with the entries in the said Schedule 21 in respect of paragraph 81 of Schedule 4 to and paragraphs 8(1) and (3) and 30 of Schedule 5 to the Telecommunications Act 1984(4), the Companies Consolidation (Consequential Provisions) Act 1985(5), the Finance Act 1986(6), the Broadcasting Act 1987(7), the Education Reform Act 1988(8), sections 73 and 134(4) of, paragraph 19 of Schedule 2 to, and paragraph 29 of Schedule 7 to the Copyright, Designs and Patents Act 1988(9) and the Finance Act 1989(10), which continue to have effect under or by virtue of sections 127 to 129 and 134 of, and Schedules 9 to 12 to, the 1990 Act.

4.  Section 175 of the 1990 Act shall come into force on 1st February 1991.

5.  Section 176 of, and Schedule 17 to, the 1990 Act shall come into force on 1st March 1991 except that for the purpose of enabling publication of information about programmes to be included in a programme service on or after that date, those provisions shall come into force on 1st January 1991.

6.  The following provisions shall come into force on 1st April 1991; those provisions are:

(a)section 180 of, and Schedule 18 to, the 1990 Act; and

(b)the entries in Schedule 21 to the 1990 Act relating to the repeal of —

(i)the Wireless Telegraphy (Blind Persons) Act 1955(11); and

(ii)the Wireless Telegraphy Act 1967(12).

7.—(1) Subject to paragraph (2) below, the provisions of the 1990 Act which are specified in Schedule 3 to this Order shall come into force on 1st January 1993.

(2) For the purposes of enabling conditions of the type specified in sections 34(2), 35(1) and 185(3) of the 1990 Act to be included in a Channel 3 or Channel 5 licence or licence to provide Channel 4, sections 34, 35 and 185 of that Act shall come into force on 1st January 1991.

David Waddington

One of Her Majesty’s Principal Secretaries of State

Home Office

27th November 1990

Article 2

SCHEDULE 1PROVISIONS OF THE 1990 ACT COMING INTO FORCE ON 1ST DECEMBER 1990

  • Section 1

  • Section 2, except subsection (1)

  • Sections 3 to 9

  • Section 11

  • Section 43

  • Sections 45 to 47

  • Section 71

  • Section 83

  • Sections 126 and 127

  • Sections 130 to 133

  • Section 141

  • Sections 198 to 202

  • In section 203, subsections (3)and (4)

  • Section 204

  • Schedules 1 and 2

  • Schedules 8 and 9

  • In Schedule 21, the entry relating to the repeal of the Cable and Broadcasting Act 1984(13) to the extent that the repeal concerns paragraphs (a) and (b) of section 8(1) of that Act.

  • Paragraphs 1 to 3 of Schedule 22

Article 3

SCHEDULE 2PROVISIONS OF THE 1990 ACT COMING INTO FORCE ON 1ST JANUARY 1991, SUBJECT TO THE PROVISIONS OF ARTICLE 3 OF THIS ORDER

  • Section 2(1)

  • Section 10

  • Sections 12 to 22

  • Section 26

  • Sections 28 to 33

  • Sections 36 to 42

  • Section 44

  • Sections 48 to 70

  • Sections 72 to 82

  • Sections 84 to 125

  • Sections 128 and 129

  • Sections 134 to 140

  • Sections 142 to 174

  • Sections 177 to 179

  • Sections 181 to 184

  • Section 186

  • Sections 188 to 197

  • In section 203, subsections (1) and (2)

  • Schedules 4 to 7, 10 to 16 and 19

  • In Schedule 20, paragraphs 1 to 36 and 38 to 54

  • In Schedule 21, all of the entries except those relating to:

    (a)

    the Wireless Telegraphy (Blind Persons) Act 1955(14);

    (b)

    the Wireless Telegraphy Act 1967((15));

    (c)

    the entries in Part II of Schedule 1 to the House of Commons Disqualification Act 1975(16) relating to the Cable Authority and the Independent Broadcasting Authority; and

    (d)

    the Northern Ireland Assembly Disqualification Act 1975((17));

  • In Schedule 22, paragraphs 4 to 7

Article 7

SCHEDULE 3PROVISIONS OF THE 1990 ACT COMING INTO FORCE ON 1ST JANUARY 1993, SUBJECT TO THE PROVISIONS OF ARTICLE 7 OF THIS ORDER

  • Sections 23 to 25

  • Section 27

  • Sections 34 and 35

  • Section 185

  • Section 187

  • Schedule 3

  • In Schedule 20, paragraph 37

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st December 1990 the provisions of the Broadcasting Act 1990 which are specified in Schedule 1 to this Order. The provisions specified in Schedules 2 and 3 come into force on 1st January 1991 and 1st January 1993 respectively, subject to the transitional provisions in articles 3 and 7. The provisions specified in articles 4, 5 and 6 come into force on 1st February 1991, 1st March 1991 and 1st April 1991 respectively, subject to the transitional provisions in those articles.

This Order does not bring into force the repeals listed in paragraphs (c) and (d) of the exceptions to the commencement of Schedule 21 to the 1990 Act by Schedule 2 to this Order.

The commencement of the repeal by Schedule 21 to the 1990 Act of those entries in that Schedule which are specified in article 3(3) of this Order is also delayed to the extent that the enactments referred to in those entries continue to have effect under or by virtue of those provisions in the 1990 Act which are referred to in article 3(3). Those provisions in the 1990 Act make transitional arrangements in connection with which certain provisions in the Broadcasting Act 1981 and the Cable and Broadcasting Act 1984 are applied: see, for example, paragraph 11 of Schedule 9 to the 1990 Act; paragraph 4 of Schedule 10; paragraphs 1 to 4 of Part II of Schedule 11 and paragraph 4 of Part III of Schedule 12. The other repealed enactments which are referred to in article 3(3) either amend such provisions of the 1981 and 1984 Acts or are necessary (together with certain provisions in those Acts which are not expressly applied) in connection with the provisions which are specifically applied.

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