Broadcasting Act 1996

Link to law: http://www.legislation.gov.uk/ukpga/1996/55/contents

Introductory Text

Part I Digital terrestrial television broadcasting

Introductory

1. Multiplex services and digital programme services.
2. Meaning of “independent analogue broadcaster” and “qualifying service”.

General provisions about licences

3. Licences under Part I.
4. General licence conditions.
5. Restrictions on holding of licences under Part I.

Multiplex services

6. Assignment of frequencies by Secretary of State.
7. Multiplex licences.
8. Award of multiplex licences.
9. Power to require two or more multiplex licences to be granted to one person.
10. Award of multiplex licence subject to conditions.
11. Failure to begin providing licensed service and financial penalties on revocation of licence.
12. Conditions attached to multiplex licence.
13. Additional payments to be made in respect of multiplex licences.
14. Multiplex revenue.
15. Attribution of multiplex revenue to licence holder and others.
16. Duration and renewal of multiplex licences.
17. Enforcement of multiplex licences.

Digital programme services

18. Licensing of digital programme services.
19. Duration and conditions of digital programme licence.
20. Code relating to provision for deaf and visually impaired.
21. Powers of Secretary of State in relation to code under section 20.
22. Compliance with code under section 20.
23. Enforcement of digital programme licences.

Digital additional services provided on television broadcasting frequencies

24. Digital additional services.
25. Licensing of digital additional services.
26. Duration and conditions of digital additional services licence.
27. Enforcement of digital additional services licences.

Digital broadcasting of services provided by independent analogue broadcasters

28. Provision for broadcasting of services provided by independent analogue broadcasters.
29. The S4C digital service.
30. The qualifying teletext service.
31. Advertisements included in qualifying services.

Miscellaneous and supplemental

32. Digital broadcasting of Gaelic programmes.
33. Review of digital television broadcasting.
34. Promotion of equal opportunities and fair treatment.
35. Enforcement of licences held by BBC companies.
36. Power to vary amount of financial penalties.
37. Computation of multiplex revenue.
38. Certain receipts of Commission to be paid into Consolidated Fund.
39. Interpretation of Part I.

Part II Digital terrestrial sound broadcasting

Introductory

40. Radio multiplex services.
41. Meaning of “independent national broadcaster” and “simulcast radio service”.

General provisions about licences

42. Licences under Part II.
43. General licence conditions.
44. Restrictions on holding of licences under Part II.

Radio multiplex services

45. Assignment of frequencies by Secretary of State.
46. National radio multiplex licences.
47. Award of national radio multiplex licences.
48. Reservation of capacity for independent national broadcasters.
49. Duty of Authority to reserve digital capacity for certain purposes of BBC.
50. Local radio multiplex licences.
51. Award of local radio multiplex licences.
52. Power to require two or more local radio multiplex licences to be granted to one person.
53. Failure to begin providing licensed service and financial penalties on revocation of licence.
54. Conditions attached to national or local radio multiplex licence.
55. Additional payments to be made in respect of national radio multiplex licences.
56. Multiplex revenue.
57. Attribution of multiplex revenue to licence holder and others.
58. Duration and renewal of national or local radio multiplex licences.
59. Enforcement of national or local radio multiplex licences.

Digital sound programme services

60. Licensing of digital sound programme services.
61. Duration and conditions of digital sound programme licence.
62. Enforcement of digital sound programme licences.

Digital additional services provided on sound broadcasting frequencies

63. Digital additional services.
64. Licensing of digital additional services.
65. Duration and conditions of digital additional services licence.
66. Enforcement of digital additional services licences.

Miscellaneous and supplemental

67. Review of digital radio broadcasting.
68. Promotion of equal opportunities and fair treatment.
69. Power to vary amount of financial penalties.
70. Computation of multiplex revenue.
71. Certain receipts of Authority to be paid into Consolidated Fund.
72. Interpretation of Part II.

Part III Amendments of the Broadcasting Act 1990

Restrictions on holding of licences
73. Restrictions on holding of licences.

Regional Channel 3 services

74. Provision of news programmes by holders of regional Channel 3 licences.
75. Appointment of news provider by holders of regional Channel 3 licences.
76. Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990.
77. Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
78. Variation of regional Channel 3 licence following change of control.
79. Powers of Commission in relation to modification or replacement of networking arrangements.

Channel 4 and S4C

80. Funding of Sianel Pedwar Cymru.
81. Public service fund of Sianel Pedwar Cymru.
82. Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation.
83. Application of excess revenues of Channel Four Television Corporation.
84. Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru.

Miscellaneous amendments relating to television broadcasting

85. Restricted television services.
86. Award of certain licences subject to conditions.
87. Ancillary services.
88. Enforcement of licences to provide non-domestic satellite services.
89. Power of Independent Television Commission to suspend licence to provide non-domestic satellite service.
90. Enforcement of licences to provide licensable programme services.
91. Certain delivery services to carry certain broadcasts.

Sound broadcasting

92. Renewal of licences to provide national radio services.
93. Variation of local radio licence following change of control.
94. Renewal of licences to provide local radio services.
95. Financing of Gaelic sound programmes.
96. Power of Radio Authority to suspend licence to provide satellite service.

Part IV Sporting and other events of national interest

97. Listed events.
98. Categories of service.
99. Contract for exclusive right to televise listed event to be void.
100. Contract for televising listed event must specify category of service.
101. Restriction on televising of listed event.
101A. Designated events in relation to other EEA States.
101B. Restriction on televising of an event designated by other EEA State.
102. Power of Commission to impose penalty.
103. Report to Secretary of State.
104. Code of guidance.
104A. Provision of information.
105. Interpretation of Part IV and supplementary provisions.

Part V The Broadcasting Standards Commission

Establishment of Broadcasting Standards Commission
106. The Broadcasting Standards Commission.

Unjust or unfair treatment or unwarranted infringement of privacy
107. Preparation by BSC of code relating to avoidance of unjust or unfair treatment or interference with privacy.

Portrayal of violence or sexual conduct etc.

108. Preparation by BSC of code relating to broadcasting standards generally.
109. Monitoring by BSC of broadcasting standards.

Complaints

110. General functions of BSC in relation to complaints.
111. Complaints of unfair treatment etc.
112. Committee to consider fairness complaints.
113. Complaints relating to taste and decency, etc.
114. Supplementary provisions as to making of complaints of either kind.
115. Consideration of fairness complaints.
116. Consideration of standards complaints.
117. Duty to retain recordings.
118. Power to pay allowances to persons attending hearings.
119. Publication of BSC’s findings.
120. Reports on action taken voluntarily in response to findings on complaints.
121. Certain statements etc. protected by qualified privilege for purposes of defamation.

Miscellaneous and general

122. Power of BSC to commission research.
123. International representation by BSC of Government interests.
124. Duty to publicise BSC.
125. Annual reports.
126. Reports to Secretary of State.
127. Contributions towards cost of BSC.
128. Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies.
129. Transitional provisions relating to complaints.
130. Interpretation of Part V.

Part VI The British Broadcasting Corporation

Transfer of property, rights and liabilities relating to BBC transmission network

131. Power of BBC to make transfer schemes relating to its transmission network.
132. Powers of Secretary of State in relation to transfer schemes.
133. Agreements with respect to transfer schemes.
134. Transfer schemes: successor companies.
135. Taxation provisions with respect to transfer schemes.

Services provided by BBC companies
136. Services provided by BBC companies.

Part VII Copyright and related matters

137. Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme.
138. Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.
139. Copyright licensing.
140. Unauthorised decoders.
141. Apparatus, etc. for unauthorised reception of transmissions.

Part VIII Miscellaneous and general

Standards for transmission systems
142. Standards for transmission systems.

Disqualification on grounds relating to political objects
143. Duties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects.

Provision of false information, etc.

144. Offence of providing false information in certain circumstances.
145. Disqualification for offence of supplying false information, etc.
146. Supplementary provisions as to disqualification orders.

General

147. General interpretation.
148. Minor and consequential amendments, repeals and revocations.
149. Commencement and transitional provisions.
150. Short title and extent.

SCHEDULES

SCHEDULE 1
Multiplex revenue: supplementary provisions

Part I Multiplex revenue for purposes of Part I of this Act

Computation of multiplex revenue
1.(1) It shall be the duty of the Commission to...

Disputes
2.(1) For the purposes of any provision of Part I...

Part II Multiplex revenue for purposes of Part II of this Act

Computation of multiplex revenue
3.(1) It shall be the duty of the Authority to...

Disputes
4.(1) For the purposes of any provision of Part II...

SCHEDULE 2
Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences

Part I Amendments of Part I of Schedule 2

1.(1) In Part I of Schedule 2, paragraph 1 (which...
2.(1) Paragraph 2 of Part I of Schedule 2 is...
3.For paragraph 3 of Part I of Schedule 2 there...
4.After paragraph 3 of Part I of Schedule 2 there...
5.In paragraph 4 of Part I of Schedule 2 (affirmative...

Part II Amendments of Part II of Schedule 2

6.(1) In Part II of Schedule 2, paragraph 1 (general...
7.In paragraph 3 of Part II of Schedule 2 (disqualification...
8.In paragraph 5 of Part II of Schedule 2 (general...
9.After paragraph 5 of Part II of Schedule 2 there...

Part III Provisions substituted for Part III of Schedule 2
10.For Part III of Schedule 2 there is substituted— Part...

Part IV Provisions substituted for Part IV of Schedule 2
11.For Part IV of Schedule 2 there is substituted— Part...

Part V Amendments of other provisions of 1990 Act

12.(1) Section 5 of the 1990 Act (restrictions on the...
13.(1) Section 88 of the 1990 Act (restrictions on the...

SCHEDULE 3
Broadcasting Standards Commission: supplementary provisions

Interpretation
1.In this Schedule— (a) “pension scheme” means a scheme for...

Status and capacity
2.(1) The BSC shall be a body corporate.

Appointment of members
3.(1) A person shall be disqualified for being a member...

Tenure of office
4.(1) Subject to the following provisions of this paragraph, each...

Remuneration and pensions of members
5.(1) The BSC may pay to each member such remuneration...

Disqualification of members of BSC for House of Commons and Northern Ireland Assembly
6.In Part II of Schedule 1 to the House of...

Proceedings

7.(1) Subject to paragraph 8 and to the provisions of...
8.(1) A member who is in any way directly or...
9.The validity of any proceedings of the BSC shall not...

Employees of the BSC
10.(1) The BSC may appoint such number of employees as...

Financial provisions
11.(1) The Secretary of State shall pay to the BSC—...

Authentication of seal of BSC
12.(1) The application of the seal of the BSC shall...

Presumption of authenticity of documents issued by BSC
13.Any document purporting to be an instrument issued by the...

Accounts and audit
14.(1) The BSC shall keep proper accounts and proper records...

SCHEDULE 4
Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council

Meaning of “the existing boards”
1.In this Schedule “the existing boards” has the same meaning...

Provisions as to vesting of property etc. of existing boards

2.(1) Sub-paragraph (2) shall have effect for the purposes of,...
3.(1) Where immediately before the transfer date there is in...

Pensions
4.(1) It is hereby declared for the avoidance of doubt...

Final accounts and annual report of existing bodies

5.(1) The Broadcasting Complaints Commission shall, as soon as possible...
6.(1) The Broadcasting Standards Council shall, as soon as possible...
7.(1) The Secretary of State shall lay copies of any...

Final contributions towards cost of Broadcasting Complaints Commission
8.(1) For the period referred to in paragraph 5(1), the...

SCHEDULE 5
Transfer schemes relating to BBC transmission network: supplementary provisions

Contents and effect of scheme
1.(1) A transfer scheme may define the property, rights and...

Division of BBC’s undertaking by scheme
2.(1) For the purposes of making any such division as...

Property to which a scheme may relate
3.(1) The property, rights and liabilities that shall be capable...

Supplemental provisions of schemes
4.(1) A transfer scheme may contain supplemental, incidental, consequential and...

Certificate of Secretary of State as to vesting of property etc.
5.A certificate issued by the Secretary of State to the...

Duties in relation to foreign property etc.
6.(1) It shall be the duty of the BBC and...

Modification of scheme by agreement
7.(1) This paragraph applies where any person to whom anything...

Compensation
8.(1) Where, in consequence of any provisions included in a...

Notice to persons affected by scheme
9.(1) It shall be the duty of the BBC, where...

Consideration for transfer etc.
10.(1) A transfer in accordance with a transfer scheme may...

SCHEDULE 6
Transfer schemes relating to BBC transmission network: successor companies

Interpretation
1.(1) In this Schedule— “the Charter” means the Royal Charter...

Statutory accounts
2.(1) The following provisions of this paragraph shall have effect...

Distributable reserves
3.(1) Where statutory accounts of a successor company prepared as...

Dividends
4.(1) Where a distribution is proposed to be declared during...

Application of the Trustee Investments Act 1961
5.(1) For the purpose of applying paragraph 3(b) of Part...

SCHEDULE 7
Transfer schemes relating to BBC transmission network: taxation provisions

Interpretation
1.(1) In this Schedule, unless the context otherwise requires— ....

Chargeable gains: preparatory transfers etc to be without gain or loss
2.(1) For the purposes of corporation tax on chargeable gains,...

Chargeable gains: amendment of section 35(3)(d) of the Gains Act
3.In section 35(3)(d) of the Gains Act (list of provisions...

Chargeable gains: section 41 of the Gains Act
4.Subsection (1) of section 174 of the Gains Act (which...

Chargeable gains: assets held before 6th April 1965
5.Schedule 2 to the Gains Act (assets held on 6th...

Chargeable gains: sale of successor company : group transactions
6.(1) For the purposes of section 179 of the Gains...

Chargeable gains: sale or exchange of shares or securities of successor company
7.(1) Where a company issues shares or debentures to the...

No chargeable gain or allowable loss to arise on any disposal constituted by a direct disposal transfer
8.(1) For the purposes of corporation tax on chargeable gains,...

Chargeable gains: value shifting
9.(1) Nothing in Part VI of this Act, and no...

Chargeable gains: receipt of compensation or insurance money
10.(1) Subsection (4) of section 23 of the Gains Act...

Loan relationships: disposal of securities by BBC
11.(1) This paragraph applies in any case where—

Transfer of trade: loss relief and capital allowances
12.(1) This paragraph applies in any case where, as a...

Capital allowances: industrial buildings . . .
13.(1) This paragraph applies in any case where there is...

Capital allowances: plant and machinery
14.(1) For the purposes of Part 2 of the Capital...

Capital allowances: leased fixtures
15.(1) This paragraph applies to any lease which is granted...

Capital allowances: connected persons
16.In Part 2 of the Capital Allowances Act (plant and...

Capital allowances: agricultural buildings allowances
17.(1) This paragraph applies where there is a relevant transfer...

Corporation tax: BBC and successor company to be treated as one for certain purposes
18.(1) If any property, rights or liabilities are transferred to...

Corporation tax: no profit or loss under Case I of Schedule D by reason of a direct disposal transfer
19.In determining for the purposes of Case I of Schedule...

Corporation tax: group relief
20.(1) None of the following, namely— (a) the existence of...

Corporation tax: leases at an undervalue
21.(1) Section 35 of the Taxes Act 1988 (charge on...

Corporation tax: sale and lease-back
22.(1) Section 779 of the Taxes Act 1988 (sale and...

Corporation tax: sale of lease of land
23.(1) Section 780 of the Taxes Act 1988 (sale and...

Corporation tax: leased assets
24.(1) For the purposes of section 781 of the Taxes...

Stamp duty
25.(1) Stamp duty shall not be chargeable on any agreement...

Stamp duty reserve tax
26.(1) An agreement to transfer chargeable securities, as defined in...

Modifications of transfer schemes
27.(1) If the effect of any transfer scheme is modified...

Orders
28.(1) The Secretary of State shall not make an order...

SCHEDULE 8
Amendments of Broadcasting Act 1990 relating to services provided by BBC companies

Television services

1.In section 3 of the 1990 Act (licences under Part...
2.(1) Section 5 of that Act (restrictions on the holding...
3.After section 66 of that Act there is inserted— Enforcement...
4.In section 81 of that Act (enforcement of local delivery...

Radio services

5.In section 86 of that Act (licences under Part III)...
6.(1) Section 88 of that Act (restrictions on the holding...
7.After section 111 of that Act there is inserted— Enforcement...

Meaning of “BBC company” for purposes of Broadcasting Act 1990
8.In section 202 of that Act (interpretation), after the definition...

SCHEDULE 9
Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services

1.For section 73 of the Copyright, Designs and Patents Act...
2.(1) Section 134 of that Act (licences in respect of...
3.In section 149 of that Act (jurisdiction of Copyright Tribunal),...
4.In section 205B of that Act (jurisdiction of Copyright Tribunal...
5.For paragraph 19 of Schedule 2 to that Act there...
6.After paragraph 19 of Schedule 2 to that Act there...

SCHEDULE 10
Minor and consequential amendments

Part I Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting

1.(1) Section 2 of the 1990 Act (regulation by Commission...
2.In section 13 of the 1990 Act (prohibition on providing...
3.In section 69 of the 1990 Act (frequency planning and...
4.In section 72 of the 1990 Act (local delivery services),...
5.In section 84 of the 1990 Act (regulation by Authority...
6.In section 85 of the 1990 Act (licensing functions of...
7.In section 97 of the 1990 Act (prohibition on providing...
8.In section 112 of the 1990 Act (licensable sound programme...
9.In section 126 of the 1990 Act (interpretation of Part...
10.In section 176 of the 1990 Act (duty to provide...
11.In section 201 of the 1990 Act (meaning of “programme...

Part II Other amendments of Broadcasting Act 1990

12.In section 2 of the 1990 Act (regulation by Commission...
13.In section 6 of the 1990 Act (general requirements as...
14.In section 33 of the 1990 Act (conditions requiring holder...
15.(1) Section 43 of the 1990 Act (domestic and non-domestic...
16.In section 46 of the 1990 Act (licensable programme services),...
17.In section 71 of the 1990 Act (interpretation of Part...
18.In section 72 of the 1990 Act (local delivery services),...
19.(1) Section 84 of the 1990 Act (regulation by Radio...
20.In section 188 of the 1990 Act (power to give...
21.In section 202(1) of the 1990 Act (interpretation)—
22.In paragraph 2(1) of Schedule 1 to the 1990 Act...
23.In paragraph 2(1) of Schedule 3 to the 1990 Act...
24.In paragraph 2(1) of Schedule 6 to the 1990 Act...
25.In paragraph 2(1) of Schedule 8 to the 1990 Act...
26.In Schedule 19 to the 1990 Act (the Gaelic Broadcasting...

Part III Amendments of other enactments

The Welsh Development Agency Act 1975 (c. 70)
27.In section 19 of the Welsh Development Agency Act 1975...

The Representation of the People Act 1983 (c. 2)

28.In section 75 of the Representation of the People Act...
29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30.Without prejudice to the generality of section 20(2) of the...

The Copyright, Designs and Patents Act 1988 (c. 48)

31.In section 69 of the Copyright, Designs and Patents Act...
32.In Schedule 2 to the Copyright, Designs and Patents Act...

SCHEDULE 11
Repeals and revocations

Part I Enactments repealed
Part II Subordinate legislation revoked
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