The Television Multiplex Services (Reservation of Digital Capacity) Order 2008

Interpretation

2.—(1) In this Order—

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

“digital additional services licence” has the meaning given in section 25(1) of the 1996 Act(2) (licensing of digital additional television services);

“digital programme licence” has the meaning given in section 18(1) of that Act(3) (licensing of digital television programme services);

“high definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing either 720 or 1080 lines of pixels per frame;

“Multiplex A” means the television multiplex service which, on the day this Order is made, SDN Limited 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(4) on 26th May 1998;

“Multiplex B” means the television multiplex service which, on the day this Order is made, BBC Free To View Limited 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;

“Multiplex 2” means the television multiplex service which, on the day this Order is made, Digital 3 and 4 Limited 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;

“national Channel 3 licence” has the same meaning as it has in Part 1 of the Broadcasting Act 1990(5);

“public service digital television programme service” and “public service digital programme licence” each has the meaning given in article 5;

“standard definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing 576 active lines of pixels per frame;

“television service” means any digital television programme service or qualifying service.

(2) Part 1 of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of broadcasting licences)(6) shall apply for determining whether or not a person controls a body corporate for the purposes of any provision of this Order as it so applies for the purposes of that Schedule(7).

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

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

(b) to the reservation of digital capacity for any person, are references to the reservation of digital capacity in accordance with this Order for use for the broadcasting of services provided by that person;

(c) to the reservation of digital capacity sufficient for the broadcasting of a number of high definition or (as the case may be) standard definition television services, are references to the reservation of such digital capacity as is from time to time sufficient for the broadcasting of that number of such services;

(d) 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.

(4) This paragraph declares, for the avoidance of doubt, that any provision of this Order requiring the broadcasting of services by means of a television multiplex service throughout the British Islands, or throughout any part of the British Islands, requires such broadcasting of those services throughout only—

(a) that area or those areas of the British Islands, or

(b) (as the case may be) that area or those areas of that part of the British Islands,

in which that multiplex service is from time to time required to be provided apart from this Order, and (in particular) that provision is not of itself to be taken to require the provision of that multiplex in any other area or areas.

(5) In relation to the Isle of Man, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Isle of Man.

(6) In relation to the Bailiwick of Guernsey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Bailiwick of Guernsey.

(7) In relation to Jersey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in Jersey.

(1)

1996 c. 55.

(2)

Section 25(1) was amended by paragraph 94 in Part 2 of Schedule 15 to the Communications Act 2003, and repealed in part by Schedule 19 to that Act. Section 25 was extended (with modifications) to Guernsey, by article 2(a) of and paragraph 15 of Schedule 1 to SI 2003/3192; to the Isle of Man, by article 2(a) of and paragraph 7 of Schedule 1 to SI 2003/3193; and to Jersey, by article 2(a) of and paragraph 14 of Schedule 1 to SI 2003/3203. Those instruments have also been the subject of amendments that are not material to this Order.

(3)

Section 18 of the 1996 Act was amended by paragraph 90(1) and (2) in Part 2 of Schedule 15 to the Communications Act 2003 and repealed in part by paragraph 90(1) and (3) of that Part of that Schedule and by Schedule 19 to that Act. Section 18 was extended to Guernsey, by article 2(a) of SI 2003/3192; to the Isle of Man, by article 2(a) of SI 2003/3193; and to Jersey, by article 2(a) of SI 2003/3203.

(4)

The functions of the Independent Television Commission in relation to the licensing etc. of television services were transferred to OFCOM by section 2 of, and paragraph 3 of Schedule 1 to, the Communications Act 2003.

(5)

1990 c. 42.

(6)

Part 1 of Schedule 2 to that Act was amended by paragraph 89 of Schedule 16 to the Local Government (Wales) Act 1994, by paragraph 166 of Schedule 13 to the Local Government etc. (Scotland) Act 1994, by Part 1 of Schedule 2 to the 1996 Act and by section 357(1) of, and paragraph 69 in Part 1 of Schedule 15 to, the Communications Act 2003. It was repealed in part by paragraph 89 of Schedule 16, and Schedule 18, to the Local Government (Wales) Act 1994, by Part 1 of Schedule 2, and Part 1 of Schedule 11, to the 1996 Act and by Schedule 19 to the Communications Act 2003. Part 1 of Schedule 2 was extended (with modifications) to Guernsey by article 3(g) of and paragraph 51 of the Schedule to SI 1991/1709 (as amended by paragraph (i) of Schedule 2 to SI 2003/3192); to Jersey by article 3(g) of and paragraph 51 of the Schedule to SI 1991/1710 (as amended by paragraph (i) of Schedule 2 to SI 2003/3203); and to the Isle of Man by article 2(1)(h) of and paragraph 51 of the Schedule to SI 1991/998 (as amended by paragraph 3(i) of Schedule 2 to SI 2003/3193).

(7)

See, in particular, paragraph 1(3), (3A) and (5) of that Schedule.