Broadcasting Act 1990 
1990 CHAPTER 42 
An Act to make new provision with respect to the provision and regulation of independent television and sound 
programme services and of other services provided on television  or radio frequencies; to make provision with 
respect to the provision and regulation of local delivery servi ces; to amend in other respects the law relating to 
broadcasting and the provision of television and sound programm e services and to make provision with respect to 
the supply and use of information about programmes; to make pro vision with respect to the transfer of the property, 
rights and liabilities of the I ndependent Broadcasting Authorit y and the Cable Authority and the dissolution of those 
bodies; to make new provision relating to the Broadcasting Comp laints Commission; to provide for the 
establishment and functions of a Broadcasting Standards Council ; to amend the Wireless Telegraphy Acts 1949 to 
1967 and the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the 
Telecommunications Act 1984 to r un broadcast relay systems; and  for connected purposes. 
[1st November 1990] 
BE IT ENACTED by the Queen’s most Excellent Majesty, by and wit h the advice and consent o f the Lords Spiritual 
and Temporal, and Commons, in this present Parliament assembled , and by the authority of the same, as follows:— 
PART IINDEPENDENT TELEVISION SERVICES  
CHAPTER 1REGULATION BY COMMISSION OF TELEVISION SERVICES GENERALLY  
Establishment of Independent Television Commission  
1The Independent Television Commission 
(1)There shall be a commission to be called the Independent Tel evision Commission (in this Part referred 
to as “the Commission”). 
(2)The Commission shall consist of— 
(a)a chairman and a deputy chairman appointed by the Secretary of State; and 
(b)such number of other members appointed by the Secretary of S tate, not being less than eight nor more 
than ten, as he may from time to time determine. 
(3)Schedule 1 to this Act shall have effect with respect to the  Commission. 
Function of Commission  
2Regulation by Commission of provision of television services 
(1)It shall be the function of the Commission to regulate, in a ccordance with this Part, the provision of the 
following services, namely— 
(a)television programme services which are provided from places  in the United Kingdom by persons other 
than the BBC and the Welsh Authority, and 
(b)additional services which are provided from places in the Un ited Kingdom, 
and to regulate, in accordance with Part II, the provision of l ocal delivery services (within the meaning of that 
Part) which are so provided. 
(2)It shall be the duty of the Commission— 
(a)to discharge their functions under this Part and Part II as respects the licensing of the services referred 
to in subsection (1) in the manner which they consider is best calculated— 
(i)to ensure that a wide range of such services is available th roughout the United Kingdom, and 
(ii)to ensure fair and effective competition in the provision o f such services and services connected with 
them; and 
(b)to discharge their functions under this Part as respects the  licensing of television programme services in 
the manner which they consider is best calculated to ensure the  provision of such services which (taken as 
a whole) are of high quality and offer a wide range of programm es calculated to appeal to a variety of 
tastes and interests. 
(3)Subsection (2)(a)(ii) shall not be construed as affecting th e discharge by the Director General of Fair 
Trading, the Secretary of State or the Monopolies and Mergers C ommission of any of his or their functions 
in connection with competition. 
(4)In this Part— 
• “additional service” has the m eaning given by section 48(1); an d 
• “television programme service” means— 
(a) 
a television broadcasting servic e (as defined by subsection (5) ); 
(b) 
a non-domestic satellite service (as defined by section 43(2));  or 
(c) 
a licensable programme service ( as defined by section 46(1)). 
(5)In this Part “television broadcasting service” means (subjec t to subsection (6)) a service consisting in the 
broadcasting of television programmes for general reception in,  or in any area in, the United Kingdom, 
including a domestic satellite service (as defined by section 4 3(1)). (6)Subsection (5) does not apply to any teletext service or any  other service in the case of which the visual 
images broadcast in the service consist wholly or mainly of non -representational images, that is to say 
visual images which are neither still pictures nor comprised wi thin sequences of visual images capable of 
being seen as moving pictures. 
General provisions about licences  
3Licences under Part I 
(1)Any licence granted by the Commission under this Part shall be in writing and (subject to the provisions 
of this Part) shall continue in force for such period as is pro vided, in relation to a licence of the kind in 
question, by the relevant provision of Chapter II, III, IV or V  of this Part. 
(2)A licence may be so granted for the provision of such a serv ice as is specified in the licence or for the 
provision of a service of such a description as is so specified . 
(3)The Commission— 
(a)shall not grant a licence to any person unless they are sati sfied that he is a fit and proper person to hold 
it; and 
(b)shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding 
a licence, that person does not remain the holder of the licenc e; 
and nothing in this Part shall be construed as affecting the op eration of this subsection or of section 5(1) or 
(2)(b) or (c). 
(4)The Commission may vary a licence by a notice served on the licence holder if— 
(a)in the case of a variation of the period for which the licen ce is to continue in force, the licence holder 
consents; or 
(b)in the case of any other variation, the licence holder has b een given a reasonable opportunity of making 
representations to the Commission about the variation. 
(5)Paragraph (a) of subsection (4) does not affect the operatio n of section 41(1)(b); and that subsection 
shall not authorise the variation of any conditions included in  a licence in pursuance of section 19(1) or 
52(1) or in pursuance of any other provision of this Part which  applies section 19(1). 
(6)A licence granted to any person under this Part shall not be  transferable to any other person without the 
previous consent in writing of the Commission. 
(7)Without prejudice to the generality of subsection (6), the C ommission shall not give their consent for the 
purposes of that subsection unless they are satisfied that any such other person would be in a position to 
comply with all of the conditions included in the licence which  would have effect during the period for which 
it is to be in force. (8)The holding by any person of a licence to provide any servic e shall not relieve him of any requirement to 
hold a licence under section 1 of the [1949 c. 54.] Wireless Te legraphy Act 1949 or section 7 of the [1984 c. 
12.] Telecommunications Act 1984 in connection with the provisi on of that service. 
4General licence conditions 
(1)A licence may include— 
(a)such conditions as appear to the Commission to be appropriat e having regard to any duties which are or 
may be imposed on them, or on the licence holder, by or under t his Act; 
(b)conditions requiring the payment by the licence holder to th e Commission (whether on the grant of the 
licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees 
of an amount or amounts so determined; 
(c)conditions requiring the licence holder to provide the Commi ssion, in such manner and at such times as 
they may reasonably require, with such information as they may require for the purpose of exercising the 
functions assigned to them by or under this Act; 
(d)conditions providing for such incidental and supplemental ma tters as appear to the Commission to be 
appropriate. 
(2)A licence may in particular include conditions requiring the  licence holder— 
(a)to comply with any direction given by the Commission as to s uch matters as are specified in the licence 
or are of a description so specified; or 
(b)(except to the extent that the Commission consent to his doi ng or not doing them) not to do or to do such 
things as are specified in the licence or are of a description so specified. 
(3)The fees required to be paid to the Commission by virtue of subsection (1)(b) shall be in accordance 
with such tariff as may from time to time be fixed by the Commi ssion; and the amount of any fee which is to 
be so paid by the holder of a licence of a particular class or description shall be such as to represent what 
appears to the Commission to be the appropriate contribution of  the holder of such a licence towards 
meeting the sums which the Commission regard as necessary in or der to discharge their duty under 
paragraph 12(1) of Schedule 1 to this Act. 
(4)A tariff fixed under subsection (3) may specify different fe es in relation to different cases or 
circumstances; and the Commission shall publish every such tari ff in such manner as they consider 
appropriate. 
(5)Where the holder of any licence— 
(a)is required by virtue of any condition imposed under this Pa rt to provide the Commission with any 
information, and 
(b)in purported compliance with that condition provides them wi th information which is false in a material 
particular, he shall be taken for the purposes of sections 41 and 42 to hav e failed to comply with that condition. 
(6)Nothing in this Act which authorises or requires the inclusi on in a licence of conditions relating to any 
particular matter or having effect for any particular purpose s hall be taken as derogating from the generality 
of subsection (1). 
5Restrictions on the holding of licences 
(1)The Commission shall do all that they can to secure— 
(a)that a person does not become or remain the holder of a lice nce if he is a person who is a disqualified 
person in relation to that licence by virtue of Part II of Sche dule 2 to this Act; and 
(b)that any requirements imposed by or under Parts III to V of that Schedule are complied with by or in 
relation to persons holding licences in relation to which those  requirements apply. 
(2)The Commission may accordingly— 
(a)require any applicant for a licence to provide them with suc h information as they may reasonably require 
for the purpose of determining— 
(i)whether he is such a disqualified person as is mentioned in subsection (1)(a), 
(ii)whether any such requirements as are mentioned in subsectio n (1)(b) would preclude them from 
granting a licence to him, and 
(iii)if so, what steps would be required to be taken by or in r elation to him in order for any such 
requirements to be complied with; 
(b)revoke the award of a licence to a body where a relevant cha nge takes place after the award, but before 
the grant, of the licence; 
(c)make the grant of a licence to any person conditional on the  taking of any specified steps that appear to 
them to be required to be taken as mentioned in paragraph (a)(i ii); 
(d)impose conditions in any licence enabling them to require th e licence holder, if a body corporate, to give 
to them advance notice of proposals affecting— 
(i)shareholdings in the body, or 
(ii)the directors of the body, 
where such proposals are known to the body; 
(e)impose conditions in any licence enabling them to give the l icence holder directions requiring him to 
take, or arrange for the taking of, any specified steps appeari ng to them to be required to be taken in order 
for any such requirements as are mentioned in subsection (1)(b)  to be complied with. 
(3)Where the Commission— 
(a)revoke the award of any licence in pursuance of subsection ( 2)(b), or (b)determine that any condition imposed by them in relation to any licence in pursuance of subsection 
(2)(c) has not been satisfied, 
any provisions of this Part relating to the awarding of licence s of the kind in question shall (subject to 
subsection (4)) have effect as if the person to whom the licenc e was awarded or granted had not made an 
application for it. 
(4)Those provisions shall not so have effect if the Commission decide that it would be desirable to publish a 
fresh notice under this Part in respect of the grant of a licen ce, or (as the case may be) a further licence, to 
provide the service in question. 
(5)Every licence shall include such conditions as the Commissio n consider necessary or expedient to 
ensure that where— 
(a)the holder of the licence is a body, and 
(b)a relevant change takes place after the grant of the licence , 
the Commission may revoke the licence by notice served on the h older of the licence and taking effect 
forthwith or on a date specified in the notice. 
(6)The Commission shall not serve any such notice on the licenc e holder unless they have given him a 
reasonable opportunity of making representations to them about the matters complained of. 
(7)In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, 
means— 
(a)any change affecting the nature or characteristics of the bo dy, or 
(b)any change in the persons having control over or interests i n the body, 
being (in either case) a change which is such that, if it fell to the Commission to determine whether to award 
the licence to the body in the new circumstances of the case, t hey would be induced by the change to refrain 
from so awarding it. 
General provisions about licensed services  
6General requirements as to licensed services 
(1)The Commission shall do all that they can to secure that eve ry licensed service complies with the 
following requirements, namely— 
(a)that nothing is included in its programmes which offends aga inst good taste or decency or is likely to 
encourage or incite to crime or to lead to disorder or to be of fensive to public feeling; 
(b)that any news given (in whatever form) in its programmes is presented with due accuracy and 
impartiality; 
(c)that due impartiality is preserved on the part of the person  providing the service as respects matters of 
political or industrial controversy or relating to current publ ic policy; (d)that due responsibility is exercised with respect to the con tent of any of its programmes which are 
religious programmes, and that in particular any such programme s do not involve— 
(i)any improper exploitation of any susceptibilities of those w atching the programmes, or 
(ii)any abusive treatment of the religious views and beliefs of  those belonging to a particular religion or 
religious denomination; and 
(e)that its programmes do not include any technical device whic h, by using images of very brief duration or 
by any other means, exploits the possibility of conveying a mes sage to, or otherwise influencing the minds 
of, persons watching the programmes without their being aware, or fully aware, of what has occurred. 
(2)In applying subsection (1)(c) a series of programmes may be considered as a whole. 
(3)The Commission shall— 
(a)draw up, and from time to time review, a code giving guidanc e as to the rules to be observed in 
connection with the application of subsection (1)(c) in relatio n to licensed services; and 
(b)do all that they can to secure that the provisions of the co de are observed in the provision of licensed 
services; 
and the Commission may make different provision in the code for  different cases or circumstances. 
(4)Without prejudice to the generality of subsection (1), the C ommission shall do all that they can to secure 
that there are excluded from the programmes included in a licen sed service all expressions of the views 
and opinions of the person providing the service on matters (ot her than the provision of programme 
services) which are of political or industrial controversy or r elate to current public policy. 
(5)The rules specified in the code referred to in subsection (3 ) shall, in particular, take account of the 
following matters— 
(a)that due impartiality should be preserved on the part of the  person providing a licensed service as 
respects major matters falling within subsection (1)(c) as well  as matters falling within that provision taken 
as a whole; and 
(b)the need to determine what constitutes a series of programme s for the purposes of subsection (2). 
(6)The rules so specified shall, in addition, indicate to such extent as the Commission consider 
appropriate— 
(a)what due impartiality does and does not require, either gene rally or in relation to particular 
circumstances; 
(b)the ways in which due impartiality may be achieved in connec tion with programmes of particular 
descriptions; (c)the period within which a programme should be included in a licensed service if its inclusion is intended 
to secure that due impartiality is achieved for the purposes of  subsection (1)(c) in connection with that 
programme and any programme previously included in that service  taken together; and 
(d)in relation to any inclusion in a licensed service of a seri es of programmes which is of a description 
specified in the rules— 
(i)that the dates and times of the other programmes comprised i n the series should be announced at the 
time when the first programme so comprised is included in that service, or 
(ii)if that is not practicable, that advance notice should be g iven by other means of subsequent programmes 
so comprised which include material intended to secure, or assi st in securing, that due impartiality is 
achieved in connection with the series as a whole; 
and those rules shall, in particular, indicate that due imparti ality does not require absolute neutrality on every 
issue or detachment from fundamental democratic principles. 
(7)The Commission shall publish the code drawn up under subsect ion (3), and every revision of it, in such 
manner as they consider appropriate. 
(8)Nothing in this section or in sections 7 to 12 has effect in  relation to any licensed service which is an 
additional service other than the teletext service referred to in section 49(2). 
7General code for programmes 
(1)The Commission shall draw up, and from time to time review, a code giving guidance— 
(a)as to the rules to be observed with respect to the showing o f violence, or the inclusion of sounds 
suggestive of violence, in programmes included in licensed serv ices, particularly when large numbers of 
children and young persons may be expected to be watching the p rogrammes; 
(b)as to the rules to be observed with respect to the inclusion  in such programmes of appeals for 
donations; and 
(c)as to such other matters concerning standards and practice f or such programmes as the Commission 
may consider suitable for inclusion in the code; 
and the Commission shall do all that they can to secure that th e provisions of the code are observed in the 
provision of licensed services. 
(2)In considering what other matters ought to be included in th e code in pursuance of subsection (1)(c), the 
Commission shall have special regard to programmes included in licensed services in circumstances such 
that large numbers of children and young persons may be expecte d to be watching the programmes. 
(3)The Commission shall, in drawing up or revising the code und er this section, take account of such of the 
international obligations of the United Kingdom as the Secretar y of State may notify to them for the 
purposes of this subsection. (4)The Commission shall publish the code drawn up under this se ction, and every revision of it, in such 
manner as they consider appropriate. 
8General provisions as to advertisements 
(1)The Commission shall do all that they can to secure that the  rules specified in subsection (2) are 
complied with in relation to licensed services. 
(2)Those rules are as follows— 
(a)a licensed service must not include— 
(i)any advertisement which is inserted by or on behalf of any b ody whose objects are wholly or mainly of a 
political nature, 
(ii)any advertisement which is directed towards any political e nd, or 
(iii)any advertisement which has any relation to any industrial  dispute (other than an advertisement of a 
public service nature inserted by, or on behalf of, a governmen t department); 
(b)in the acceptance of advertisements for inclusion in a licen sed service there must be no unreasonable 
discrimination either against or in favour of any particular ad vertiser; and 
(c)a licensed service must not, without the previous approval o f the Commission, include a programme 
which is sponsored by any person whose business consists, wholl y or mainly, in the manufacture or supply 
of a product, or in the provision of a service, which the licen ce holder is prohibited from advertising by virtue 
of any provision of section 9. 
(3)Nothing in subsection (2) shall be construed as prohibiting the inclusion in a licensed service of any 
party political broadcast which complies with the rules (so far  as applicable) made by the Commission for 
the purposes of section 36. 
(4)After consultation with the Commission the Secretary of Stat e may make regulations amending, 
repealing, or adding to the rules specified in subsection (2); but no such regulations shall be made unless a 
draft of the regulations has been laid before and approved by a  resolution of each House of Parliament. 
(5)The Commission shall not act as an advertising agent. 
9Control of advertisements 
(1)It shall be the duty of the Commission— 
(a)after the appropriate consultation, to draw up, and from tim e to time review, a code— 
(i)governing standards and practice in advertising and in the s ponsoring of programmes, and 
(ii)prescribing the advertisements and methods of advertising o r sponsorship to be prohibited, or to be 
prohibited in particular circumstances; and 
(b)to do all that they can to secure that the provisions of the  code are observed in the provision of licensed 
services; and the Commission may make different provision in the code for  different kinds of licensed services. 
(2)In subsection (1) “the appropriate consultation” means consu ltation with— 
(a)the Radio Authority; 
(b)every person who is the holder of a licence under this Part;  
(c)such bodies or persons appearing to the Commission to repres ent each of the following, namely— 
(i)viewers, 
(ii)advertisers, and 
(iii)professional organisations qualified to give advice in rel ation to the advertising of particular products, 
as the Commission think fit; and 
(d)such other bodies or persons who are concerned with standard s of conduct in advertising as the 
Commission think fit. 
(3)The Commission shall publish the code drawn up under this se ction, and every revision of it, in such 
manner as they consider appropriate. 
(4)The Commission shall— 
(a)from time to time consult the Secretary of State as to the c lasses and descriptions of advertisements 
which must not be included in licensed services and the methods  of advertising or sponsorship which must 
not be employed in, or in connection with, the provision of suc h services; and 
(b)carry out any directions which he may give to them in respec t of such matters. 
(5)The Commission may, in the discharge of a general responsibi lity with respect to advertisements and 
methods of advertising and sponsorship, impose requirements as to advertisements or methods of 
advertising or sponsorship which go beyond the requirements imp osed by the code. 
(6)The methods of control exercisable by the Commission for the  purpose of securing that the provisions of 
the code are complied with, and for the purpose of securing com pliance with requirements imposed under 
subsection (5) which go beyond the requirements of the code, sh all include a power to give directions to 
the holder of a licence— 
(a)with respect to the classes and descriptions of advertisemen ts and methods of advertising or 
sponsorship to be excluded, or to be excluded in particular cir cumstances, or 
(b)with respect to the exclusion of a particular advertisement,  or its exclusion in particular circumstances. 
(7)The Commission may give directions to persons holding any cl ass of licences with respect to the times 
when advertisements are to be allowed. 
(8)Directions under this section may be, to any degree, either general or specific and qualified or 
unqualified; and directions under subsection (7) may, in partic ular, relate to— (a)the maximum amount of time to be given to advertisements in any hour or other period, 
(b)the minimum interval which must elapse between any two perio ds given over to advertisements and the 
number of such periods to be allowed in any programme or in any  hour or day, 
(c)the exclusion of advertisements from a specified part of a l icensed service, 
and may make different provision for different parts of the day , different days of the week, different types of 
programmes or for other differing circumstances. 
(9)The Commission shall— 
(a)in drawing up or revising the code, or 
(b)in giving any directions under subsection (7), 
take account of such of the international obligations of the Un ited Kingdom as the Secretary of State may 
notify to them for the purposes of this subsection. 
10Government control over licensed services 
(1)If it appears to him to be necessary or expedient to do so i n connection with his functions as such, the 
Secretary of State or any other Minister of the Crown may at an y time by notice require the Commission to 
direct the holders of any licences specified in the notice to p ublish in their licensed services, at such times 
as may be specified in the notice, such announcement as is so s pecified, with or without visual images of 
any picture, scene or object mentioned in the announcement; and  it shall be the duty of the Commission to 
comply with the notice. 
(2)Where the holder of a licence publishes any announcement in pursuance of a direction under subsection 
(1), he may announce that he is doing so in pursuance of such a  direction. 
(3)The Secretary of State may at any time by notice require the  Commission to direct the holders of any 
licences specified in the notice to refrain from including in t he programmes included in their licensed 
services any matter or classes of matter specified in the notic e; and it shall be the duty of the Commission 
to comply with the notice. 
(4)Where the Commission— 
(a)have given the holder of any licence a direction in accordan ce with a notice under subsection (3), or 
(b)in consequence of the revocation by the Secretary of State o f such a notice, have revoked such a 
direction, 
or where such a notice has expired, the holder of the licence i n question may publish in the licensed service 
an announcement of the giving or revocation of the direction or  of the expiration of the notice, as the case 
may be. 
(5)The powers conferred by this section are in addition to any power specifically conferred on the Secretary 
of State by any other provision of this Act. (6)In relation to any licensed service provided from a place in  Northern Ireland, the reference in subsection 
(1) to a Minister of the Crown includes a reference to the head  of any Northern Ireland department. 
11Monitoring by Commission of pro grammes included in licensed s ervices 
(1)For the purpose of maintaining supervision over the programm es included in licensed services the 
Commission may make and use recordings of those programmes or a ny part of them. 
(2)A licence shall include conditions requiring the licence hol der— 
(a)to retain, for a period not exceeding 90 days, a recording o f every programme included in the licensed 
service; 
(b)at the request of the Commission, to produce to them any suc h recording for examination or 
reproduction; 
(c)at the request of the Commission, to produce to them any scr ipt or transcript of a programme included in 
the licensed service which he is able to produce to them. 
(3)Nothing in this Part shall be construed as requiring the Com mission, in the discharge of their duties 
under this Part as respects licensed services and the programme s included in them, to view such 
programmes in advance of their being included in such services.  
12Audience research 
(1)The Commission shall make arrangements— 
(a)for ascertaining— 
(i)the state of public opinion concerning programmes included i n licensed services, and 
(ii)any effects of such programmes on the attitudes or behaviou r of persons who watch them; and 
(b)for the purpose of assisting them to perform their functions  under Chapter II in connection with the 
programmes to be included in the various services licensed ther eunder, for ascertaining the types of 
programme that members of the public would like to be included in licensed services. 
(2)Those arrangements shall— 
(a)secure that, so far as is reasonably practicable, any resear ch undertaken in pursuance of the 
arrangements is undertaken by persons who are neither members n or employees of the Commission; and 
(b)include provision for full consideration by the Commission o f the results of any such research. 
Prohibition on providing unlicensed television services  
13Prohibition on providing tel evision services without a licenc e 
(1)Subject to subsection (2), any person who provides any servi ce falling within section 2(1)(a) or (b) 
without being authorised to do so by or under a licence under t his Part shall be guilty of an offence. (2)The Secretary of State may, after consultation with the Comm ission, by order provide that subsection (1) 
shall not apply to such services or descriptions of services as  are specified in the order. 
(3)A person guilty of an offence under this section shall be li able— 
(a)on summary conviction, to a fine not exceeding the statutory  maximum; 
(b)on conviction on indictment, to a fine. 
(4)No proceedings in respect of an offence under this section s hall be instituted— 
(a)in England and Wales, except by or with the consent of the D irector of Public Prosecutions; 
(b)in Northern Ireland, except by or with the consent of the Di rector of Public Prosecutions for Northern 
Ireland. 
(5)Without prejudice to subsection (3), compliance with this se ction shall be enforceable by civil 
proceedings by the Crown for an injunction or interdict or for any other appropriate relief. 
(6)Any order under this section shall be subject to annulment i n pursuance of a resolution of either House 
of Parliament. 
CHAPTER IITELEVISION BROADCASTING ON CHANNELS 3, 4 AND 5 
Channel 3  
14Establishment of Channel 3 
(1)The Commission shall do all that they can to secure the prov ision, in accordance with this Chapter, of a 
nationwide system of television broadcasting services to be kno wn as Channel 3. 
(2)Subject to subsection (5), Channel 3 shall be structured on a regional basis, with each of the services 
comprised within it (“Channel 3 services”) being provided for s uch area in the United Kingdom as the 
Commission may determine in the case of that service. 
(3)If it appears to the Commission that it would be appropriate  for a particular Channel 3 service to do so, 
they may determine that the service shall include the provision  of different programmes— 
(a)for such different parts of the area for which it is provide d, or 
(b)for such different communities living within that area, 
as they may determine. 
(4)If the Commission so determine in the case of a particular C hannel 3 service, that service shall be 
provided for a particular area only between such times of the d ay or on such days of the week (or both) as 
the Commission may determine. 
(5)If the Commission so determine, a Channel 3 service may be p rovided for two or more areas for which 
regional Channel 3 services are provided, but any such service may only be so provided between particular 
times of the day. (6)In this Part— 
• “regional Channel 3 service” means a Channel 3 service provided  for a particular area determined under subsection 
(2); and 
• “national Channel 3 service” means  a Channel 3 service provided  as mentioned in subsection (5). 
(7)Any reference in this section to an area in the United Kingd om does not include an area which 
comprises or includes the whole of England or the whole of Scot land. 
(8)In this section and section 15 “programme” does not include an advertisement. 
15Applications for Channel 3 licences 
(1)Where the Commission propose to grant a licence to provide a  Channel 3 service they shall publish, in 
such manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying— 
(i)if the service is to be a regional Channel 3 service, the ar ea in the United Kingdom for which the service 
is to be provided, 
(ii)if the service is to include the provision of such programm es as are mentioned in section 14(3), the 
different parts of that area, or (as the case may be) the diffe rent communities living within it, for which such 
programmes are to be provided, 
(iii)if the service is to be provided as mentioned in section 1 4(4), the times of the day or the days of the 
week (or both) between or on which it is to be provided, and 
(iv)if the service is to be a national Channel 3 service, the a reas in the United Kingdom for which it is to be 
provided and the times of the day between which it is to be pro vided; 
(c)inviting applications for the licence and specifying the clo sing date for such applications; and 
(d)specifying— 
(i)the fee payable on any application made in pursuance of the notice, and 
(ii)the percentage of qualifying revenue for each accounting pe riod that would be payable by an applicant in 
pursuance of section 19(1)(c) if he were granted the licence. 
(2)The Commission shall, when publishing a notice under subsect ion (1), publish with the notice general 
guidance to applicants for the licence in question which contai ns examples of the kinds of programme 
whose inclusion in the service proposed by any such applicant u nder subsection (3)(b) would be likely to 
result in a finding by the Commission that the service would co mply with the requirements specified in 
section 16(2) or (3) (as the case may be). (3)Any application made in pursuance of a notice under this sec tion must be in writing and accompanied 
by— 
(a)the fee specified in the notice under subsection (1)(d)(i); 
(b)the applicant’s proposals for providing a service that would  comply with the requirements specified in 
section 16(2) or (3) (as the case may be);(c) the applicant’s p roposals for promoting the understanding and 
enjoyment by— 
(i)persons who are deaf or hard of hearing, and 
(ii)persons who are blind or partially-sighted, 
of the programmes to be included in his proposed service; 
(d)the applicant’s proposals for training or retraining persons  employed or to be employed by him in order 
to help fit them for employment in, or in connection with, the making of programmes to be included in his 
proposed service, together with his proposals for encouraging t he training or retraining of persons 
employed or to be employed by persons providing programmes for inclusion in that service; 
(e)if the application is for a licence to provide a regional Ch annel 3 service, the applicant’s proposals as to 
the use, in connection with his proposed service— 
(i)of offices and studios situated within the area for which th at service would be provided, and 
(ii)of the services of persons employed (whether by him or by a ny other person) within that area; 
(f)the applicant’s cash bid in respect of the licence; 
(g)such information as the Commission may reasonably require as  to the applicant’s present financial 
position and his projected financial position during the period  for which the licence would be in force; and 
(h)such other information as the Commission may reasonably requ ire for the purpose of considering the 
application. 
(4)At any time after receiving such an application and before d etermining it the Commission may require 
the applicant to furnish additional information under any of pa ragraphs (b) to (e), (g) and (h) of subsection 
(3). 
(5)Any information to be furnished to the Commission under this  section shall, if they so require, be in such 
form or verified in such manner as they may specify. 
(6)The Commission shall, as soon as reasonably practicable afte r the date specified in a notice under this 
section as the closing date for applications, publish in such m anner as they consider appropriate— 
(a)the following matters, namely— 
(i)the name of every person who has made an application to them  in pursuance of the notice, 
(ii)the proposals submitted by him under subsection (3)(b), and  (iii)such other information connected with his application as t he Commission consider appropriate; and 
(b)a notice— 
(i)inviting representations to be made to them with respect to any matters published by them in accordance 
with paragraph (a) (ii) and (iii) above, and 
(ii)specifying the manner in which, and the time by which, any such representations are to be so made. 
(7)In this Part “cash bid”, in relation to a licence, means an offer to pay to the Commission a specified 
amount of money in respect of the first complete calendar year falling within the period for which the licence 
is in force (being an amount which, as increased by the appropr iate percentage, is also to be payable in 
respect of subsequent years falling wholly or partly within tha t period). 
16Procedure to be followed by Co mmission in connection with con sideration of applications for 
licences 
(1)Where a person has made an application for a Channel 3 licen ce in accordance with section 15, the 
Commission shall not proceed to consider whether to award him t he licence on the basis of his cash bid in 
accordance with section 17 unless it appears to them— 
(a)that his proposed service would comply with the requirements  specified in subsection (2) or (3) below 
(as the case may be), and 
(b)that he would be able to maintain that service throughout th e period for which the licence would be in 
force, 
and any reference to an applicant in section 17 (except in sect ion 17(12)(b)) is accordingly a reference to an 
applicant in whose case it appears to the Commission that the r equirements of paragraphs (a) and (b) above 
are satisfied. 
(2)Where the service to be provided under the licence is a regi onal Channel 3 service, the requirements 
referred to in subsection (1)(a) are— 
(a)that a sufficient amount of time is given in the programmes included in the service to news programmes 
and current affairs programmes which (in each case) are of high  quality and deal with both national and 
international matters, and that such news programmes are broadc ast at intervals throughout the period for 
which the service is provided and, in particular, at peak viewi ng times; 
(b)that a sufficient amount of time is given in the programmes included in the service to programmes (other 
than news and current affairs programmes) which are of high qua lity; 
(c)that a sufficient amount of time is given in the programmes so included— 
(i)to a suitable range of regional programmes, that is to say, programmes (including news programmes) 
which are of particular interest to persons living within the a rea for which the service is provided, and 
(ii)if the service is to include the provision of such programm es as are mentioned in section 14(3), to a 
suitable range of programmes for each of the different parts of  that area or (as the case may be) for each of the different communities living within it, being in each case a range of programmes (including news 
programmes) which are of particular interest to persons living within the relevant part of that area or (as the 
case may be) the relevant community, 
and that any news programmes so included in accordance with sub -paragraph (i) or (ii) are of high quality; 
(d)that a suitable proportion of the regional programmes includ ed in the service in accordance with 
paragraph (c) are made within the area for which it is to be pr ovided; 
(e)that a sufficient amount of time is given in the programmes included in the service to religious 
programmes and programmes intended for children; 
(f)that (taken as a whole) the programmes so included are calcu lated to appeal to a wide variety of tastes 
and interests; 
(g)that a proper proportion of the matter included in those pro grammes is of European origin; and 
(h)that in each year not less than 25 per cent. of the total am ount of time allocated to the broadcasting of 
qualifying programmes in the service is allocated to the broadc asting of a range and diversity of 
independent productions. 
(3)Where the service to be provided under the licence is a nati onal Channel 3 service, the requirements 
referred to in subsection (1)(a) are such (if any) of the requi rements specified in subsection (2) as the 
Commission may determine to be appropriate having regard to the  nature of that service. 
(4)In deciding whether an applicant’s proposed service would co mply with the requirements specified in 
subsection (2) or (3) (as the case may be), the Commission shal l take into account any representations 
made to them in pursuance of section 15(6)(b) with respect to t hat service; and in applying subsection 
(2)(g) the Commission shall have regard to such of the internat ional obligations of the United Kingdom as 
the Secretary of State may notify to them for the purposes of t his subsection. 
(5)In subsection (2)(h)— 
(a)“qualifying programmes” and “independent productions” mean, in each case, programmes of such 
description as the Secretary of State may by order specify for the purpose; and 
(b)the reference to a range of independent productions is a ref erence to a range of such productions in 
terms of cost of acquisition as well as in terms of the types o f programme involved. 
(6)The Secretary of State may by order amend subsection (2)(h) by substituting a different percentage for 
the percentage for the time being specified there. 
(7)Before making an order under subsection (5) or (6) the Secre tary of State shall consult the Commission; 
and no such order shall be made unless a draft of it has been l aid before and approved by a resolution of 
each House of Parliament. 
(8)In this section “programme” does not include an advertisemen t. 17Award of licence to person submitting highest cash bid 
(1)Subject to the following provisions of this section, the Com mission shall, after considering all the cash 
bids submitted by the applicants for a Channel 3 licence, award  the licence to the applicant who submitted 
the highest bid. 
(2)Where two or more applicants for a particular licence have s ubmitted cash bids specifying an identical 
amount which is higher than the amount of any other cash bid su bmitted in respect of the licence, then 
(unless they propose to exercise their power under subsection ( 3) in relation to the licence) the 
Commission shall invite those applicants to submit further cash  bids in respect of that licence; and, in 
relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference 
in this Part to his cash bid is a reference to that further bid . 
(3)The Commission may disregard the requirement imposed by subs ection (1) and award the licence to an 
applicant who has not submitted the highest bid if it appears t o them that there are exceptional 
circumstances which make it appropriate for them to award the l icence to that applicant. 
(4)Without prejudice to the generality of subsection (3), the C ommission may regard the following 
circumstances as exceptional circumstances which make it approp riate to award the licence to an applicant 
who has not submitted the highest bid, namely where it appears to the Commission— 
(a)that the quality of the service proposed by such an applican t is exceptionally high; and 
(b)that the quality of that proposed service is substantially h igher than the quality of the service proposed— 
(i)by the applicant who has submitted the highest bid, or 
(ii)in a case falling within subsection (2), by each of the app licants who have submitted equal highest bids; 
and where it appears to the Commission, in the context of the l icence, that any circumstances are to be 
regarded as exceptional circumstances for the purposes of subse ction (3), those circumstances may be so 
regarded by them despite the fact that similar circumstances ha ve been so regarded by them in the context 
of any other licence or licences. 
(5)If it appears to the Commission, in the case of the applican t to whom (apart from this subsection) they 
would award the licence in accordance with the preceding provis ions of this section, that there are grounds 
for suspecting that any relevant source of funds is such that i t would not be in the public interest for the 
licence to be awarded to him— 
(a)they shall refer his application to the Secretary of State, together with— 
(i)a copy of all documents submitted to them by the applicant, and 
(ii)a summary of their deliberations on the application; and 
(b)they shall not award the licence to him unless the Secretary  of State has given his approval. (6)On such a reference the Secretary of State may only refuse t o give his approval to the licence being 
awarded to the applicant in question if he is satisfied that an y relevant source of funds is such that it would 
not be in the public interest for the licence to be so awarded.  
(7)In subsections (5) and (6) “relevant source of funds”, in re lation to an applicant, means any source of 
funds to which he might (directly or indirectly) have recourse for the purpose of— 
(a)paying any amounts payable by him by virtue of section 19(1) , or 
(b)otherwise financing the provision of his proposed service. 
(8)In a case where any requirement such as is mentioned in sect ion 5(1)(b) operates to preclude the 
Commission from awarding a licence to the applicant to whom (ap art from any such requirement) they 
would have awarded it in accordance with the preceding provisio ns of this section, they shall award the 
licence in accordance with rules made by them for regulating th e awarding of licences in such cases; and 
any such rules may provide for the awarding of licences by refe rence to orders of preference notified to the 
Commission by applicants at the time of making their applicatio ns. 
(9)Any such rules shall be published by the Commission in such manner as they consider appropriate, but 
shall not come into force unless they have been approved by the  Secretary of State. 
(10)Where the Commission are, by virtue of subsection (5), prec luded from awarding the licence to an 
applicant, the preceding provisions of this section shall (subj ect to subsection (14)) have effect as if that 
person had not made an application for the licence. 
(11)Where the Commission have awarded a Channel 3 licence to an y person in accordance with this 
section, they shall, as soon as reasonably practicable after aw arding the licence— 
(a)publish the matters specified in subsection (12) in such man ner as they consider appropriate; and 
(b)grant the licence to that person. 
(12)The matters referred to in subsection (11)(a) are— 
(a)the name of the person to whom the licence has been awarded and the amount of his cash bid; 
(b)the name of every other applicant in whose case it appeared to the Commission that his proposed 
service would comply with the requirements specified in section  16(2) or (3) (as the case may be); 
(c)where the licence has, by virtue of subsection (3) above, be en awarded to an applicant who has not 
submitted the highest cash bid, the Commission’s reasons for th e licence having been so awarded; and 
(d)such other information as the Commission consider appropriat e. 
(13)In a case where the licence has been awarded to any person by virtue of the operation of this section, 
in accordance with any provision of this Part, on the revocatio n of an earlier grant of the licence, subsection 
(12) shall have effect as if— 
(a)paragraph (b) were omitted; and (b)the matters specified in that subsection included an indicat ion of the circumstances in which the licence 
has been awarded to that person. 
(14)Subsections (1) to (9) shall not have effect as mentioned i n subsection (10) if the Commission decide 
that it would be desirable to publish a fresh notice under sect ion 15(1) in respect of the grant of the licence; 
and similarly, where any of the following provisions of this Pa rt provides, in connection with the revocation 
of a licence, for this section to have effect as if the former holder of the licence had not made an application 
for it, this section shall not so have effect if the Commission  decide that it would be desirable to publish a 
further notice under this Part in respect of the grant of a fur ther licence to provide the service in question. 
18Failure to begin providing licensed service and financial pen alties on revocation of licence 
(1)If at any time after a Channel 3 licence has been granted to  any person but before the licence has come 
into force— 
(a)that person indicates to the Commission that he does not int end to provide the service in question, or 
(b)the Commission for any other reason have reasonable grounds for believing that that person will not 
provide that service once the licence has come into force, 
then, subject to subsection (2)— 
(i)the Commission shall serve on him a notice revoking the lice nce as from the time the notice is served on 
him, and 
(ii)section 17 shall (subject to section 17(14)) have effect as  if he had not made an application for the 
licence. 
(2)Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection 
unless the Commission have served on him a notice stating their  grounds for believing that he will not 
provide the service in question once his licence has come into force; and they shall not serve such a notice 
on him unless they have given him a reasonable opportunity of m aking representations to them about the 
matters complained of. 
(3)Where the Commission revoke a Channel 3 licence under this s ection or under any other provision of 
this Part, they shall serve on the licence holder a notice requ iring him to pay to them, within a specified 
period, a financial penalty of the prescribed amount. 
(4)In subsection (3) “the prescribed amount” means— 
(a)where— 
(i)the licence is revoked under this section, or 
(ii)the first complete accounting period of the licence holder falling within the period for which the licence is 
in force has not yet ended, 7 per cent. of the amount which the Commission estimate would h ave been the qualifying revenue for that 
accounting period (as determined in accordance with section 19( 2) to (6)); and 
(b)in any other case, 7 per cent. of the qualifying revenue for  the last complete accounting period of the 
licence holder so falling (as so determined). 
(5)Any financial penalty payable by any body by virtue of subse ction (3) shall, in addition to being 
recoverable from that body as provided by section 68(5), be rec overable by the Commission as a debt due 
to them from any person who controls that body. 
19Additional payments to be made in respect of Channel 3 licenc es 
(1)A Channel 3 licence shall include conditions requiring the l icence holder to pay to the Commission (in 
addition to any fees required to be so paid by virtue of sectio n 4(1)(b))— 
(a)in respect of the first complete calendar year falling withi n the period for which the licence is in force, the 
amount specified in his cash bid; 
(b)in respect of each subsequent year falling wholly or partly within that period, the amount so specified as 
increased by the appropriate percentage; and 
(c)in respect of each accounting period of his falling within t he period referred to in paragraph (a), an 
amount representing such percentage of the qualifying revenue f or that accounting period as was specified 
in relation to the licence under section 15(1)(d)(ii). 
(2)For the purposes of subsection (1)(c) the qualifying revenue  for any accounting period of the licence 
holder shall (subject to subsection (6)) consist of all payment s received or to be received by him or by any 
connected person— 
(a)in consideration of the inclusion in the licensed service in  that period of advertisements or other 
programmes, or 
(b)in respect of charges made in that period for the reception of programmes included in that service. 
(3)If, in connection with the inclusion of any advertisements o r other programmes whose inclusion is paid 
for by payments falling within subsection (2)(a), any payments are made to the licence holder or any 
connected person to meet any payments payable by the licence ho lder by virtue of subsection (1)(c), those 
payments shall be regarded as made in consideration of the incl usion of the programmes in question. 
(4)In the case of an advertisement included under arrangements made between— 
(a)the licence holder or any connected person, and 
(b)a person acting as an advertising agent, 
the amount of any receipt by the licence holder or any connecte d person that represents a payment by the 
advertiser from which the advertising agent has deducted any am ount by way of commission shall, except in a case falling within subsection (5), be the amount of the paym ent by the advertiser after the deduction of 
the commission. 
(5)If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of 
the payment by the advertiser, the amount of the receipt in que stion shall be taken to be the amount of the 
payment less 15 per cent. 
(6)If, in any accounting period of the licence holder, the lice nce holder or any connected person derives, in 
relation to any programme to be included in the licensed servic e, any financial benefit (whether direct or 
indirect) from payments made by any person, by way of sponsorsh ip, for the purpose of defraying or 
contributing towards costs incurred or to be incurred in connec tion with that programme, the qualifying 
revenue for that accounting period shall be taken for the purpo ses of subsection (1)(c) to include the 
amount of the financial benefit so derived by the licence holde r or the connected person, as the case may 
be. 
(7)A Channel 3 licence may include conditions— 
(a)enabling the Commission to estimate before the beginning of an accounting period the amount due for 
that period by virtue of subsection (1)(c); and 
(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period. 
(8)Such a licence may in particular include conditions— 
(a)authorising the Commission to revise any estimate on one or more occasions, and to adjust the 
instalments payable by the licence holder to take account of th e revised estimate; 
(b)providing for the adjustment of any overpayment or underpaym ent. 
(9)Where— 
(a)the first complete accounting period of the licence holder f alling within the period referred to in 
subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or 
(b)the last complete accounting period of his falling within th e licence period does not end at the same time 
as that period, 
any reference in subsection (1)(c) to an accounting period of h is shall include a reference to such part of the 
accounting period preceding that first complete accounting peri od, or (as the case may be) following that last 
complete accounting period, as falls within the licence period;  and other references to accounting periods in 
this Part shall be construed accordingly. 
(10)In this Part “the appropriate percentage”, in relation to a ny year (“the relevant year”), means the 
percentage which corresponds to the percentage increase between — 
(a)the retail prices index for the month of November in the yea r preceding the first complete calendar year 
falling within the period for which the licence in question is in force; and (b)the retail prices index for the month of November in the yea r preceding the relevant year; 
and for this purpose “the retail prices index” means the genera l index of prices (for all items) published by 
the Central Statistical Office of the Chancellor of the Exchequ er. 
20Duration and renewal of Channel 3 licences 
(1)A Channel 3 licence shall (subject to the provisions of this  Part) continue in force for a period of ten 
years, and may (subject to the following provisions of this sec tion) be renewed on one or more occasions 
for a period of ten years beginning with the date of renewal. 
(2)An application for the renewal of a Channel 3 licence under subsection (1) may be made by the licence 
holder not earlier than four years before the date on which it would otherwise cease to be in force and not 
later than the relevant date. 
(3)Where any such application is made before the relevant date,  the Commission may postpone the 
consideration of it by them for as long as they think appropria te having regard to subsection (8). 
(4)Where an application for the renewal of a Channel 3 licence has been duly made to the Commission, 
they may only (subject to subsection (5)) refuse the applicatio n if— 
(a)they are not satisfied that the applicant would, if his lice nce were renewed, provide a service which 
complied— 
(i)with the conditions included in the licence in pursuance of subsection (1) of section 33 (whether as 
originally imposed or as varied under subsection (3) of that se ction), and 
(ii)with the requirements specified in section 16(2) or (3) (as  the case may be); or 
(b)they propose to grant a fresh Channel 3 licence for the prov ision of a service which would differ from that 
provided by the applicant under his licence as respects either—  
(i)the area for which it would be provided, or 
(ii)the times of the day or days of the week between or on whic h it would be provided, 
or both. 
(5)Section 17(5) to (7) shall apply in relation to an applicant  for the renewal of a Channel 3 licence as those 
provisions apply in relation to such an applicant as is mention ed in section 17(5), but as if any reference to 
the awarding of such a licence to the applicant were a referenc e to the renewal of the applicant’s licence 
under this section. 
(6)On the grant of any such application the Commission— 
(a)shall determine an amount which is to be payable to the Comm ission by the applicant in respect of the 
first complete calendar year falling within the period for whic h the licence is to be renewed; and (b)may specify a different percentage from that specified under  section 15(1)(d)(ii) as the percentage of 
qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of 
section 19(1)(c) during the period for which the licence is to be renewed. 
(7)The amount determined by the Commission under subsection (6) (a) in connection with the renewal of a 
licence shall be such amount as would, in their opinion, be pay able to them by virtue of section 19(1)(a) if 
they were granting a fresh licence to provide the Channel 3 ser vice in question. 
(8)Where the Commission have granted a person’s application und er this section they shall formally renew 
his licence not later than the relevant date or, if that is not  reasonably practicable, as soon after that date as 
is reasonably practicable; and they shall not so renew his lice nce unless they have notified him of— 
(a)the amount determined by them under subsection (6)(a), and 
(b)any percentage specified by them under subsection (6)(b), 
and he has, within such period as is specified in that notifica tion, notified them that he consents to the licence 
being renewed on those terms. 
(9)Where a Channel 3 licence has been renewed under this sectio n— 
(a)any conditions included in it in pursuance of section 19 sha ll have effect during the period for which the 
licence has been renewed— 
(i)as if the amount determined by the Commission under subsecti on (6)(a) above were an amount specified 
in a cash bid submitted by the licence holder, and 
(ii)subject to any determination made under subsection (6)(b) a bove; 
(b)(subject to paragraph (a)) that section shall have effect in  relation to the period for which the licence has 
been renewed as it has effect in relation to the period for whi ch a Channel 3 licence is originally in force; 
and 
(c)the reference in section 42(4) to the end of the period for which a Channel 3 licence is to continue in 
force shall, in relation to the licence, be construed as a refe rence to the end of the period for which it has 
been renewed. 
(10)In this section “the relevant date”, in relation to a Chann el 3 licence, means the date which the 
Commission determine to be that by which they would need to pub lish a notice under section 15(1) if they 
were to grant, as from the date on which that licence would exp ire if not renewed, a fresh licence to provide 
the Channel 3 service formerly provided under that licence. 
21Restriction on changes in control over Channel 3 licence hold er 
(1)Where— 
(a)any change in the persons having control over— (i)a body to which a Channel 3 licence has been awarded or tran sferred in accordance with this Part of this 
Act, or 
(ii)an associated programme provider, 
takes place within the relevant period, and 
(b)that change takes place without having been previously appro ved for the purposes of this section by the 
Commission, 
then (subject to subsection (4)) the Commission may, if the lic ence has not yet been granted, refuse to grant 
it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a 
notice revoking it. 
(2)In subsection (1)— 
• “associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, 
means any body which is connecte d with that body and appears to  the Commission to be, or to be likely to be, 
involved to any extent i n the provision of programmes for inclu sion in the licensed service; and 
• “the relevant period”, in relation to a Channel 3 licence, mean s the period beginning with the date of the award of 
the licence and  ending on the first annive rsary of the date of its coming into force; 
and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as if 
a body to which a Channel 3 licence has been awarded but not ye t granted were the holder of such a licence. 
(3)The Commission shall refuse to approve for the purposes of t his section such a change as is mentioned 
in subsection (1)(a)— 
(a)if it appears to them that the change would be prejudicial t o the provision under the licence, by the body 
referred to in subsection (1)(a)(i), of a service which accords  with the proposals submitted under section 
15(3)(b) by that body (or, as the case may be, by the person to  whom the licence was originally awarded), 
or 
(b)it appears to them that the change would be prejudicial to t he provision of Channel 3 as such a 
nationwide system of services as is mentioned in section 14(1);  
and the Commission may refuse so to approve any such change if,  in any circumstances not falling within 
paragraph (a) or (b) above, they consider it appropriate to do so. 
(4)The Commission shall not under subsection (1) refuse to gran t a licence to, or serve a notice on, any 
body unless they have given it a reasonable opportunity of maki ng representations to them about the 
matters complained of. 
(5)Where under subsection (1) the Commission refuse to grant a licence to any body, section 17 shall 
(subject to section 17(14)) have effect as if that body had not  made an application for the licence; and, 
where under that subsection they serve on any body a notice rev oking its licence, subsections (6) and (7) of section 42 shall apply in relation to that notice as they ap ply in relation to a notice served under 
subsection (3) of that section. 
22Temporary provision of regional Channel 3 service for additio nal area 
(1)Where it appears to the Commission— 
(a)that (whether as a result of the revocation of an existing r egional Channel 3 licence or for any other 
reason) there will be, in the case of a particular area determi ned under section 14(2), a temporary lack of 
any regional Channel 3 service licensed to be provided for that  area, but 
(b)that it would be reasonably practicable for the holder of a licence to provide a regional Channel 3 service 
for any other such area to provide his licensed service for the  area referred to in paragraph (a) as well, 
the Commission may invite the holder of that licence temporaril y to provide his licensed service for that 
additional area. 
(2)If the holder of that licence agrees so to provide his licen sed service, the Commission shall authorise the 
provision of that service for the additional area in question, during such period as they may determine, by 
means of a variation of the licence to that effect. 
Channel 4  
23The Channel Four Television Corporation 
(1)There shall be a corporation to be called the Channel Four T elevision Corporation (in this Part referred 
to as “the Corporation”). 
(2)The Corporation shall consist of— 
(a)a chairman and a deputy chairman appointed by the Commission ; and 
(b)such number of other members, not being less than eleven nor  more than thirteen, as the Commission 
may from time to time determine. 
(3)The other members referred to in subsection (2)(b) shall con sist of— 
(a)persons appointed by the Commission; and 
(b)ex-officio members of the Corporation; 
and the total number of members appointed by the Commission und er subsection (2)(a) and paragraph (a) 
above shall exceed the number of ex-officio members. 
(4)Any appointment made by the Commission under subsection (2)( a) or (3)(a) shall require the approval of 
the Secretary of State. 
(5)For the purposes of subsection (3) the following persons sha ll be ex-officio members of the Corporation, 
namely— 
(a)the chief executive of the Corporation; and (b)such other employees of the Corporation as may for the time being be nominated by the chief executive 
and the chairman of the Corporation acting jointly. 
(6)Schedule 3 to this Act shall have effect with respect to the  Corporation. 
24Channel 4 to be provided by Corporation as licensed service 
(1)The function of the Corporation shall be to secure the conti nued provision (subject to and in accordance 
with the provisions of this Part) of the television broadcastin g service known as Channel 4. 
(2)All the shares in the body corporate referred to in section 12(2) of the 1981 Act (activities to be carried 
on by subsidiary of Independent Broadcasting Authority) shall v est in the Corporation on 1st January 1993. 
(3)Channel 4 shall be provided by the Corporation under a licen ce granted to them by the Commission, and 
shall be so provided for so much of England, Scotland and North ern Ireland as may from time to time be 
reasonably practicable. 
(4)The licence to be granted to the Corporation by the Commissi on in pursuance of subsection (3) shall 
continue in force for a period of ten years beginning with 1st January 1993, and may be renewed by the 
Commission on one or more occasions for a period of ten years b eginning with the date of renewal. 
25Conditions to be included in Channel 4 licence 
(1)The licence granted to the Corporation in pursuance of secti on 24(3) shall include such conditions as 
appear to the Commission to be appropriate for securing not onl y that Channel 4 complies with the 
requirements specified in subsection (2) but also— 
(a)that Channel 4 programmes contain a suitable proportion of m atter calculated to appeal to tastes and 
interests not generally catered for by Channel 3, and 
(b)that innovation and experiment in the form and content of th ose programmes are encouraged, 
and generally that Channel 4 is given a distinctive character o f its own. 
(2)The requirements referred to in subsection (1) are— 
(a)that Channel 4 is provided as a public service for dissemina ting information, education and 
entertainment; 
(b)that Channel 4 programmes maintain— 
(i)a high general standard in all respects (and, in particular,  in respect of their content and quality), and 
(ii)a wide range in their subject matter, having regard both to  the programmes as a whole and also to the 
days of the week on which, and the times of the day at which, t he programmes are broadcast; 
(c)(without prejudice to so much of paragraph (a) as relates to  the dissemination of education) that a 
suitable proportion of Channel 4 programmes are of an education al nature; 
(d)that a sufficient amount of time is given in Channel 4 progr ammes to news programmes and current 
affairs programmes which are of high quality; (e)that a proper proportion of the matter included in Channel 4  programmes is of European origin; and 
(f)that in each year not less than the prescribed percentage of  the total amount of time allocated to the 
broadcasting of qualifying programmes on Channel 4 is allocated  to the broadcasting of a range and 
diversity of independent productions. 
(3)In applying subsection (2)(e) the Commission shall have rega rd to such of the international obligations of 
the United Kingdom as the Secretary of State may notify to them  for the purposes of this subsection. 
(4)In subsection (2)(f)— 
(a)“qualifying programmes” and “independent productions” have t he same meaning as in section 16(2)(h), 
and “the prescribed percentage” means the percentage for the ti me being specified in section 16(2)(h); and 
(b)the reference to a range of independent productions is a ref erence to a range of such productions in 
terms of cost of acquisition as well as in terms of the types o f programme involved. 
(5)The licence referred to in subsection (1) shall also include  conditions requiring the Corporation not to be 
involved in the making of programmes to be broadcast on Channel  4 except to such extent as the 
Commission may allow. 
(6)In this section “programme” does not include an advertisemen t. 
26Revenue deficits of Corporation to be funded by Channel 3 lic ensees 
(1)The Commission shall, before the beginning of the year 1993 and each subsequent year— 
(a)estimate the amount of the Corporation’s qualifying revenue for that year; 
(b)estimate the amount of the total television revenues for tha t year; and 
(c)estimate the Corporation’s prescribed minimum income for tha t year; 
and the Commission may, on one or more occasions, revise any es timate made by them under this 
subsection. 
(2)For the purposes of this section— 
(a)the Corporation’s prescribed minimum income for any year sha ll be 14 per cent. of the total television 
revenues for that year; and 
(b)“total television revenues” means, in relation to any year, the aggregate of the qualifying revenues for 
that year of the following, namely— 
(i)all holders of Channel 3 or Channel 5 licences; 
(ii)the Welsh Authority; and 
(iii)the Corporation itself. 
(3)If, in the case of any year, the aggregate of the following amounts, namely— (a)the amount of the Corporation’s qualifying revenue for that year as estimated by the Commission under 
subsection (1), and 
(b)any amount which, at the beginning of that year, is for the time being standing to the credit of any such 
reserve fund as is mentioned in section 27(3), 
is less than the amount of the Corporation’s prescribed minimum  income for that year as estimated by the 
Commission under subsection (1), then (subject to subsection (4 )) the amount of the difference shall be 
raised by the Commission by means of a levy imposed on all pers ons who are for the time being holders of 
Channel 3 licences. 
(4)The aggregate amount payable by virtue of any levy under sub section (3) shall not exceed 2 per cent. of 
the amount estimated by the Commission for the year in question  under subsection (1)(b); and the amount 
to be paid by each of the persons subject to the levy shall be such proportion of that aggregate amount as 
is determined by the Commission in relation to him (and differe nt proportions may be so determined in 
relation to different persons). 
(5)Every Channel 3 licence shall include conditions— 
(a)requiring the holder of the licence to pay to the Commission , by monthly instalments, any amount which 
he is liable to pay by virtue of subsections (3) and (4); 
(b)authorising the Commission to adjust the instalments payable  by the holder of the licence to take 
account of any revised estimate made by them under subsection ( 1); and 
(c)providing for the adjustment of any overpayment or underpaym ent. 
(6)Any amount received by the Commission by virtue of subsectio n (5)(a) shall be transmitted by them to 
the Corporation. 
(7)Where, in respect of any year— 
(a)the Commission have imposed a levy under subsection (3), and  
(b)the aggregate amount transmitted by them to the Corporation under subsection (6) exceeds the relevant 
amount, 
the Commission shall notify the Corporation of that fact; and t he Corporation shall, as soon as reasonably 
practicable after receiving such a notification, repay to the C ommission the amount of that excess. 
(8)In subsection (7) “the relevant amount” means the amount by which the aggregate of the following 
amounts, namely— 
(a)the Corporation’s qualifying revenue for the year in questio n, and 
(b)any such amount as is mentioned in subsection (3)(b), 
is less than the Corporation’s prescribed minimum income for th at year. (9)Section 19(2) to (6) shall have effect, with any necessary m odifications, for the purpose of enabling the 
Commission to estimate or determine a person’s qualifying reven ue for any year for the purposes of this 
section. 
(10)The Secretary of State may by order amend subsection (2) or  (4) above by substituting a different 
percentage for the percentage for the time being specified ther e; but no such order may be made before 
the end of the year 1997. 
(11)An order shall not be made under subsection (10) unless a d raft of it has been laid before and 
approved by a resolution of each House of Parliament. 
27Application of excess reve nues of Corporation 
(1)Where the qualifying revenue of the Corporation for any year  exceeds the Corporation’s prescribed 
minimum income for that year, the Corporation shall— 
(a)pay one half of the excess to the Commission; and 
(b)apply the other half in accordance with subsection (3). 
(2)Where the Commission receive any amount under subsection (1) (a) in respect of any year, they shall 
distribute that amount (“the relevant amount”) between the hold ers of Channel 3 licences in such a way that 
each of them receives such proportion of the relevant amount as  corresponds to the proportion of the 
aggregate amount referred to in subsection (4) of section 26 wh ich he would, in the opinion of the 
Commission, have been required to pay if a levy had been impose d for that year under subsection (3) of 
that section. 
(3)Where subsection (1)(b) has effect in relation to any amount — 
(a)half of that amount shall be carried by the Corporation to t he credit of a reserve fund established by 
them under this subsection, and 
(b)the other half may be applied by the Corporation towards mee ting current expenditure incurred by them 
in connection with the provision of Channel 4, but to the exten t that it is not so applied shall be carried to 
the credit of that fund; 
and (subject to the following provisions of this section) the m anagement and application of that fund shall be 
as the Corporation may determine. 
(4)Subject to subsection (5), no part of that fund shall be app lied otherwise than for the purposes of 
Channel 4; and no direction may be given by the Secretary of St ate under that subsection with respect to 
the application of any amount for the time being standing to th e credit of that fund which has been taken 
into account by the Commission for the purposes of section 26(3 )(b) or (8)(b). 
(5)The Secretary of State may, with the approval of the Treasur y, give to the Corporation such directions as 
he thinks fit with respect to the management and application of  that fund (including directions requiring the whole or part of it to be paid into the Consolidated Fund); and  the Corporation shall comply with any such 
directions. 
(6)In subsection (1) above the reference to the Corporation’s p rescribed minimum income for any year shall 
be construed in accordance with section 26(2); and subsections (2) to (6) of section 19 shall have effect for 
determining the Corporation’s qualifying revenue for any year f or the purposes of subsection (1) above as 
they have effect for determining a person’s qualifying revenue for any accounting period of his for the 
purposes of subsection (1)(c) of that section. 
Channel 5  
28Channel 5 
(1)The Commission shall do all that they can to secure the prov ision of a television broadcasting service for 
any such minimum area of the United Kingdom as may be determine d by them in accordance with 
subsection (2); and any such service shall be known as Channel 5. 
(2)In determining the minimum area of the United Kingdom for wh ich Channel 5 is to be provided the 
Commission shall have regard to the following consideration, na mely that the service should, so far as is 
reasonably practicable, make the most effective use of the freq uencies on which it is to be provided. 
(3)If the Commission so determine, Channel 5 shall be provided under a particular licence only between 
such times of the day or on such days of the week (or both) as they may determine. 
(4)Where the Commission have granted a licence to provide Chann el 5, they may, if it appears to them to 
be appropriate to do so in view of any lack of facilities avail able for transmitting the service, dispense with 
any requirement to provide the service for such part of the are a referred to in subsection (2) as they may 
determine; and any such dispensation shall have effect for such  period as they may determine. 
29Application to Channel 5 of provisions relating to Channel 3 
(1)Subject to subsections (2) and (3), sections 15 to 21 shall apply in relation to a Channel 5 licence as 
they apply in relation to a regional Channel 3 licence. 
(2)In its application in relation to a Channel 5 licence— 
(a)section 15(1)(b)(i) shall be read as referring to any such m inimum area of the United Kingdom as is 
determined by the Commission in accordance with section 28(2); and 
(b)section 16(2) shall (except where subsection (3) below appli es) have effect with the omission of 
paragraphs (c) and (d). 
(3)Where the Commission make a determination under section 28(3 ), section 16(2) shall, in its application 
in relation to each Channel 5 licence, have effect to such exte nt as they may determine to be appropriate 
having regard to the nature of the service to be provided under  that licence. 
30Initial Channel 5 licensee required to retune equipment susce ptible to interference (1)A Channel 5 licence which is in force at the commencement of  the provision of Channel 5 shall include 
conditions— 
(a)requiring the holder of the licence to make arrangements for  any relevant equipment to be retuned or 
otherwise modified— 
(i)at the request of the person by whom the equipment is kept ( being a request made before such date as 
is specified in the conditions), and 
(ii)without charge to that person, 
so far as is necessary to prevent the equipment from suffering interference caused by the transmission of 
Channel 5; 
(b)requiring all work falling to be carried out under the arran gements— 
(i)to be carried out in a proper manner, and 
(ii)to be completed within such period as is specified in the c onditions; and 
(c)enabling the Commission to determine whether work carried ou t under the arrangements is carried out in 
a proper manner. 
(2)Any such Channel 5 licence shall also include conditions req uiring the holder of the licence to publicise, 
in such manner as may be approved by the Commission, informatio n with respect to— 
(a)the likelihood of different kinds of equipment suffering int erference caused by the transmission of 
Channel 5; 
(b)the arrangements which the holder of the licence is required  to make by virtue of conditions imposed in 
pursuance of subsection (1); and 
(c)the kinds of equipment in relation to which those arrangemen ts are to be so made. 
(3)The holder of a Channel 5 licence shall not be required, by virtue of conditions imposed in pursuance of 
subsection (1), to make any such arrangements as are mentioned in that subsection in relation to any 
relevant equipment— 
(a)unless the equipment— 
(i)is, on the date of the making of such a request as is referr ed to in paragraph (a)(i) of that subsection, kept 
by the person in question wholly or mainly for domestic purpose s, and 
(ii)was so kept by that person on the commencement date (if tha t date occurred before the date mentioned 
in sub-paragraph (i) above); or 
(b)if the equipment would not be liable to suffer interference caused by the transmission of Channel 5 but 
for the installation at the place where the equipment is kept o f any apparatus for enabling that service to be 
received there; and, where any relevant equipment has been retuned or otherwise  modified in accordance with any such 
conditions, the holder of such a licence shall not be required by virtue of any such conditions to make 
arrangements on any subsequent occasion for the retuning or oth er modification of that equipment. 
(4)Any dispute as to when the commencement date occurred in the  case of any relevant equipment shall 
be determined by the Commission. 
(5)Where— 
(a)in accordance with section 28(3), more than one Channel 5 li cence is in force at the same time, and 
(b)each of the licences includes such conditions as are mention ed in subsections (1) and (2), 
the holders of the licences shall each comply with those condit ions to such extent as the Commission may 
determine in relation to him. 
(6)Where the holder of a Channel 5 licence is required, by virt ue of conditions imposed in pursuance of 
subsection (1), to make any such arrangements as are mentioned in that subsection in relation to any 
relevant equipment, those conditions shall be taken as requirin g him in addition to make arrangements for 
any television set connected to that equipment to be retuned— 
(a)at the request of the person by whom the equipment is kept, and 
(b)without charge to that person, 
so far as is necessary to enable it to be used in conjunction w ith the equipment (as retuned or otherwise 
modified); and subsections (1)(b) and (c) and (2)(b) shall have  effect in relation to those arrangements as 
they have effect in relation to any such arrangements as are me ntioned in subsection (1)(a). 
(7)In this section— 
• “the commencement date”, in relat ion to any relevant equipment,  means the date when Channel 5 began to be 
provided for reception in an area which includes the place wher e the equipment is kept on the date of the making 
of such a request as is referr ed to in subsection (1)(a)(i); an d 
• “relevant equipment” means any equ ipment which is capable of tr ansmitting self-generated electromagnetic signals 
for reception by a television set connected to it and which is liable, if used without being retuned or otherwise 
modified, to suffer interferenc e caused by the transmission of Channel 5. 
Provision of news programmes  
31Provision of news on Channels 3 and 5 
(1)A Channel 3 or Channel 5 licence shall include conditions re quiring the licence holder— 
(a)to broadcast in the licensed service news programmes of high  quality dealing with national and 
international matters; and 
(b)to broadcast such programmes in that service at intervals th roughout the period for which the service is 
provided, and in particular (except in the case of a national C hannel 3 licence) at peak viewing times. (2)A regional Channel 3 licence shall, in addition, include con ditions requiring the news programmes 
broadcast by the licence holder in compliance with conditions i mposed in pursuance of subsection (1) to be 
programmes provided by a nominated news provider which are— 
(a)presented live, and 
(b)broadcast simultaneously with the broadcasts of news program mes provided by the same nominated 
news provider which are made by other holders of regional Chann el 3 licences in compliance with 
conditions so imposed. 
(3)In subsection (2) “nominated news provider” means a body cor porate for the time being nominated for 
the purposes of that subsection under section 32. 
32Nomination of bodies to provide news for regional Channel 3 s ervices 
(1)With a view to enabling them to nominate bodies corporate as  nominated news providers for the 
purposes of section 31(2), the Commission shall invite bodies c orporate appearing to them to be qualified 
for nomination to make applications to be so nominated; and any  such invitations shall be issued at a time 
that is, in their opinion, appropriate for securing that at lea st one such body is so nominated by the time the 
first notice is published by them under section 15(1). 
(2)Where a body corporate— 
(a)applies to the Commission (whether in pursuance of any such invitation or not) to be nominated under 
this section as a nominated news provider, and 
(b)appears to the Commission to be qualified for nomination, 
the Commission shall so nominate that body unless they are sati sfied that to do so would be likely, in view 
of the number of bodies already so nominated, to be prejudicial  to the provision of high quality news 
programmes for broadcasting in regional Channel 3 services (tak en as a whole). 
(3)Subject to subsections (4) and (5), any nomination made by t he Commission under this section shall 
remain in force for a period of ten years, and at the end of th at period may be renewed by the Commission 
for a further period of ten years. 
(4)Where the Commission have refused to nominate a body corpora te under this section on the ground that 
they are satisfied as mentioned in subsection (2), the Commissi on shall from time to time thereafter, at 
such intervals as they may determine, review the performance as  nominated news providers of all of the 
bodies for the time being nominated under this section; and if on any such review they are satisfied, in the 
case of such body so nominated as they may determine, that anot her body corporate which— 
(a)is not a nominated news provider, but 
(b)appears to them to be qualified for nomination, would offer a better service than the first-mentioned body as r espects the provision of high quality news 
programmes for broadcasting in regional Channel 3 services, the y shall (subject to subsection (6)) by notice 
terminate that body’s nomination, and shall nominate the other body under this section in its place. 
(5)If at any time the Commission— 
(a)are for any reason dissatisfied in the case of any nominated  news provider with the performance of that 
body as a nominated news provider, and 
(b)are satisfied that to terminate that body’s nomination would  not be prejudicial to the provision of high 
quality news programmes for broadcasting in regional Channel 3 services (taken as a whole), 
they shall (subject to subsection (6)) by notice terminate that  body’s nomination. 
(6)The Commission shall not terminate a body’s nomination under  subsection (4) unless they have given 
the body a reasonable opportunity of making representations to them about the proposed termination of its 
nomination; and they shall not terminate a body’s nomination un der subsection (5) unless they have given 
the body a reasonable opportunity of making representations to them about the matters complained of. 
(7)Before nominating, or terminating the nomination of, any bod y under this section the Commission shall 
consult every person who is the holder of a licence to provide a regional Channel 3 service. 
(8)Any instrument by which a body is nominated under this secti on shall include conditions— 
(a)imposing limits on the extent to which persons of any specif ied class or description may be participants 
in the nominated news provider; 
(b)requiring that body to provide the Commission with such info rmation as they may reasonably require for 
the purpose of determining whether any of those limits has been  exceeded; and 
(c)enabling the Commission to terminate that body’s nomination if satisfied that any of those limits has 
been exceeded; 
and any such instrument may provide for any of those limits to apply only after the expiry of a specified period. 
(9)The limits imposed in pursuance of subsection (8) shall secu re— 
(a)that no person is a participant with more than a 20 per cent . interest in the nominated news provider; 
and 
(b)that any participants in the nominated news provider who are  holders of licences to provide regional 
Channel 3 services, when taken together— 
(i)hold or are beneficially entitled to less than 50 per cent. of the shares in that body; and 
(ii)possess less than 50 per cent. of the voting power in it. 
(10)Any limit imposed in accordance with subsection (9)(a) shal l have effect in relation to a particular 
participant as if he and every person connected with him were o ne person; and for this purpose the 
following persons shall be treated as connected with a particul ar participant, namely— (a)a person who controls the participant; 
(b)an associate of the participant or of a person falling withi n paragraph (a); and 
(c)a body which is controlled by the participant or by any asso ciate of the participant. 
(11)Subject to the provisions of subsections (9) and (10), the limits imposed in pursuance of subsection (8) 
shall be such as the Commission may determine. 
(12)A body corporate shall be disqualified for being nominated under this section if, by virtue of any 
provision in Part II of Schedule 2 to this Act, it would be a d isqualified person in relation to any description 
of licence granted by the Commission; and any reference in this  section to a body corporate appearing to 
the Commission to be qualified for nomination is a reference to  a body corporate appearing to them to be 
both— 
(a)effectively equipped and adequately financed to provide high  quality news programmes for broadcasting 
in regional Channel 3 services; and 
(b)not disqualified for being nominated under this section by v irtue of this subsection. 
(13)In this section— 
(a)references to a nominated news provider are references to a body corporate for the time being 
nominated under this section; and 
(b)references to nomination under this section are references t o nomination under this section for the 
purposes of section 31(2); 
and subsections (8) to (10) shall be construed in accordance wi th Part I of Schedule 2 to this Act. 
Miscellaneous provisions relating to Channels 3, 4 and 5  
33Conditions requiring holder of Channel 3 or Channel 5 licence  to deliver promised service 
(1)Any Channel 3 or Channel 5 licence shall include such condit ions as appear to the Commission to be 
appropriate for securing— 
(a)that the service provided under the licence accords with the  proposals submitted by the licence holder 
under subsection (3)(b) of section 15; and 
(b)the implementation of the proposals submitted by him under s ubsection (3)(c) and (d), or (as the case 
may) subsection (3)(c) to (e), of that section. 
(2)In subsection (1) the reference to section 15 is, in relatio n to a Channel 5 licence, a reference to that 
section as applied by section 29. 
(3)Any conditions imposed in pursuance of subsection (1) may be  varied by the Commission with the 
consent of the licence holder (and section 3(4)(b) shall accord ingly not apply to any such variation). 
34Schools programmes (1)The Commission shall do all that they can to secure that a s uitable proportion of the programmes which 
are included in Channel 3 services and Channels 4 and 5 (taken as a whole) are schools programmes. 
(2)Accordingly, any Channel 3 licence or licence to provide Cha nnel 4 or 5 may include— 
(a)conditions requiring the licence holder to produce, or finan ce the production of, schools programmes; 
(b)conditions requiring the licence holder to acquire schools p rogrammes provided by other persons; 
(c)conditions requiring the licence holder to ensure that schoo ls programmes included in the licensed 
service— 
(i)are of high quality, and 
(ii)are suitable to meet the needs of schools in the area or ar eas in the United Kingdom for which the 
service is provided; 
(d)conditions specifying the minimum number of hours in term ti me or within normal school hours that are 
to be allocated to the broadcasting of schools programmes in th e licensed service; 
(e)conditions requiring the licence holder to provide such mate rial for use in connection with the schools 
programmes broadcast by him as may be necessary to secure that effective use is made of those 
programmes in schools; and 
(f)conditions requiring the licence holder from time to time to  consult such bodies or other persons who are 
concerned with, or have an interest in, schools or the producti on of schools programmes as the 
Commission think fit. 
(3)In this section “schools programmes” means programmes which are intended for use in schools. 
35Subtitling for the deaf 
(1)A Channel 3 or Channel 5 licence shall include— 
(a)conditions— 
(i)specifying the relevant minimum number of hours in a week fo r the purposes of this section, and 
(ii)requiring programmes with subtitling to be broadcast in the  licensed service during not less than that 
number of hours in each week; and 
(b)conditions requiring the holder of the licence to attain suc h technical standards relating to the provision 
of subtitling as are specified in the conditions. 
(2)Subject to subsections (3) and (4), the relevant minimum num ber of hours in a week for the purposes of 
this section is— 
(a)in relation to Channel 3 services— 
(i)for the year which includes the commencement of this section , such number of hours in a week as the 
Commission shall determine in order to achieve an increase of a t least ten per cent. over the average number of hours in a week during which programmes with subtitli ng were, during the year immediately 
preceding that year, broadcast on ITV (as defined by section 10 (2) of the 1981 Act); and 
(ii)for each successive year, such number of hours in a week as  the Commission shall determine, being a 
number greater than that for the previous year; and 
(b)in relation to Channel 5— 
(i)for the year which includes the commencement of the provisio n of Channel 5, such number of hours in a 
week as the Commission shall determine in order to secure that the proportion of the programmes 
broadcast on Channel 5 in a week which is represented by progra mmes with subtitling is the same as that 
achieved in relation to Channel 3 services by virtue of paragra ph (a)(i); and 
(ii)for each successive year, such number of hours in a week as  the Commission shall determine, being a 
number greater than that for the previous year. 
(3)The Commission shall make such determinations under subsecti on (2) as are appropriate to secure that, 
subject to subsection (4), the relevant minimum number of hours  in a week for the purposes of this section 
represents— 
(a)in the case of Channel 3 services— 
(i)for the year 1998, 50 per cent. of the average number of hou rs in a week during which programmes 
were, during the year 1997, broadcast on Channel 3; and 
(ii)for the year 1999 and each successive year, the greatest nu mber of hours in a week that appears to the 
Commission to be reasonably practicable; and 
(b)in the case of Channel 5— 
(i)for the year which includes the fifth anniversary of the dat e of the commencement of the provision of 
Channel 5, 50 per cent. of the average number of hours in a wee k during which programmes were, during 
the year preceding that year, broadcast on Channel 5; and 
(ii)for the year following that year and each successive year, the greatest number of hours in a week that 
appears to the Commission to be reasonably practicable. 
(4)In the case of— 
(a)a Channel 3 service provided as mentioned in section 14(4) o r (5), or 
(b)a Channel 5 service provided as mentioned in section 28(3), 
the relevant minimum number of hours in a week for the purposes  of this section shall for any year be such 
number of hours in a week as the Commission shall determine, be ing such proportion of the number of hours 
in a week determined by the Commission for that year under subs ection (2)(a) or (b) (as the case may be) 
as appears to them to be appropriate. (5)As soon as the Commission have made any determination under this section (other than under 
subsection (2)(a)(i) or (b)(i))— 
(a)they shall notify the holder of every licence to which the d etermination relates of the determination; and 
(b)every such licence shall have effect as if for the number fo r the time being specified in the conditions 
included in the licence in pursuance of subsection (1)(a)(i) th ere were substituted the new number 
determined by the Commission. 
(6)Where any week falls— 
(a)partly within one year to which subsection (2)(a) or (b) app lies, and 
(b)partly within another such year, 
that week shall be treated for the purposes of this section as falling wholly within the earlier of those years. 
(7)The holder of a Channel 3 or Channel 5 licence shall not imp ose charges for providing subtitling in 
respect of any programme broadcast in his licensed service. 
(8)In this section— 
• “on Channel 3” means in Channel 3 services taken as a whole; 
• “on Channel 5” means in the televi sion broadcasting service ref erred to in section 28 (1), taken as a whole; 
• “subtitling” means subtitling fo r the deaf, whether provided by  means of a teletext service or otherwise. 
36Party political broadcasts 
(1)Subject to subsection (2), any regional Channel 3 licence or  licence to provide Channel 4 or 5 shall 
include— 
(a)conditions requiring the licence holder to include party pol itical broadcasts in the licensed service; and 
(b)conditions requiring the licence holder to observe such rule s with respect to party political broadcasts as 
the Commission may determine. 
(2)Where any determination under section 28(3) is in force, a l icence to provide Channel 5 may (but need 
not) include any such conditions as are mentioned in subsection  (1)(a) and (b). 
(3)Without prejudice to the generality of paragraph (b) of subs ection (1), the Commission may determine 
for the purposes of that subsection— 
(a)the political parties on whose behalf party political broadc asts may be made; and 
(b)in relation to any political party on whose behalf such broa dcasts may be made, the length and 
frequency of such broadcasts. 
(4)Any rules made by the Commission for the purposes of this se ction may make different provision for 
different cases or circumstances. 
37Announcements of programme schedules (1)Any Channel 3 licence or licence to provide Channel 4 may in clude conditions requiring the licence 
holder to include in the licensed service such announcements co ncerning relevant programme schedules 
as the Commission may determine. 
(2)In this section “relevant programme schedules” means— 
(a)in relation to a Channel 3 licence, programme schedules for programmes to be broadcast on Channel 4 
and, where any part of the area for which the licensed service is to be provided is in Wales, programme 
schedules for programmes to be broadcast on S4C; and 
(b)in relation to the licence to provide Channel 4, programme s chedules for programmes to be included in 
any Channel 3 service. 
38Promotion of equal opportunities in relation to employment by  licence holder 
(1)Any Channel 3 licence or licence to provide Channel 4 or Cha nnel 5 shall include conditions requiring 
the licence holder— 
(a)to make arrangements for promoting, in relation to employmen t by him, equality of opportunity between 
men and women and between persons of different racial groups; a nd 
(b)to review those arrangements from time to time. 
(2)In subsection (1) “racial group” has the same meaning as in the [1976 c. 74.] Race Relations Act 1976. 
39Networking arrangements between holders of regional Channel 3  licences 
(1)This section has effect with respect to the making of arrang ements which— 
(a)apply to all the holders of regional Channel 3 licences, and  
(b)provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders 
of such licences to be available for broadcasting in all region al Channel 3 services, 
being arrangements made for the purpose of enabling regional Ch annel 3 services (taken as a whole) to be 
a nationwide system of such services which is able to compete e ffectively with other television programme 
services provided in the United Kingdom; and any such arrangeme nts are referred to in this section as 
“networking arrangements”. 
(2)Any application for a regional Channel 3 licence shall, in a ddition to being accompanied by any such 
proposals as are mentioned in section 15(3)(b) to (e), be accom panied by the applicant’s proposals for 
participating in networking arrangements made under this sectio n; and— 
(a)where a person has duly made such an application, the Commis sion— 
(i)shall, as soon as reasonably practicable after the closing d ate for applications for the licence, send 
details of his proposals for participating in such arrangements  to the Director General of Fair Trading, and (ii)(without prejudice to the operation of section 16(1)) shall  not proceed to consider whether to award him 
the licence as mentioned in that provision unless it appears to  the Commission that any such proposals are 
satisfactory; and 
(b)section 33 shall apply to any such proposals as it applies t o the proposals submitted by the applicant 
under section 15(3)(c) to (e). 
(3)The Commission may publish, in such manner as they consider appropriate, general guidance to 
applicants for a regional Channel 3 licence as to the kinds of proposals which they would consider 
satisfactory for the purposes of subsection (2)(a); but before doing so the Commission— 
(a)shall consult the Director General of Fair Trading, and 
(b)if he requests them to make any change in the guidance, shal l incorporate the change in the guidance. 
(4)Each regional Channel 3 licence shall include conditions req uiring the licence holder to do all that he can 
to secure— 
(a)(in the case of a licence granted before the relevant date) that, by that date, networking arrangements 
have been made which— 
(i)have been entered into by all the holders of regional Channe l 3 licences, and 
(ii)have been approved by the Commission; and 
(b)(in any case) that, so long as he provides his licensed serv ice, there are in force networking 
arrangements which have been so entered into and approved (unle ss there are for the time being in force 
any arrangements made by the Commission under subsection (5)). 
(5)If— 
(a)no such arrangements as are mentioned in subsection (4)(a) a re made by the relevant date, or 
(b)any such arrangements are so made but cease to be in force a t any time before 1st January 1995, 
the Commission may themselves draw up such networking arrangeme nts as they consider appropriate; and, 
if they do so— 
(i)they shall notify all the holders of regional Channel 3 lice nces of those arrangements, and 
(ii)those arrangements shall (subject to subsection (6)) come i nto force on a date determined by the 
Commission; 
and each regional Channel 3 licence shall include conditions re quiring the licence holder to give effect to any 
arrangements made by the Commission under this subsection as fo r the time being in force. 
(6)No arrangements made by the Commission under subsection (5) shall come into force at any time after 
31st December 1994. 
(7)Where— (a)any such arrangements have come into force in accordance wit h subsection (6), but 
(b)any networking arrangements are subsequently— 
(i)entered into by all the holders of regional Channel 3 licenc es, and 
(ii)approved by the Commission, 
the arrangements referred to in paragraph (a) shall cease to ha ve effect on the coming into force of the 
arrangements referred to in paragraph (b). 
(8)Where any arrangements have been approved by the Commission under subsection (4) or (7)(b), no 
modification of those arrangements shall be made by the holders  of regional Channel 3 licences unless it 
too has been so approved. 
(9)Where any arrangements have been made by the Commission unde r subsection (5), they may (whether 
before or after the date specified in subsection (6)) make such  modification of those arrangements as they 
consider appropriate; and, if they do so— 
(a)they shall notify all the holders of regional Channel 3 lice nces of the modification, and 
(b)the modification shall come into force on a date determined by the Commission. 
(10)Without prejudice to the generality of their power to refus e to approve any arrangements or 
modification under subsection (4), (7)(b) or (8), the Commissio n shall refuse to do so if they are not 
satisfied that the arrangements in question, or (as the case ma y be) those arrangements as proposed to be 
modified, would be appropriate for the purpose mentioned in sub section (1). 
(11)Where the Commission have— 
(a)approved any arrangements or modification under subsection ( 4), (7)(b) or (8), or 
(b)given with respect to any arrangements or modification the n otification required by subsection (5)(i) or 
(9)(a), 
they shall, as soon as reasonably practicable after giving thei r approval or (as the case may be) that 
notification— 
(i)publish details of the arrangements or modification in such manner as they consider appropriate, and 
(ii)comply with the appropriate requirement specified in subsec tion (12)(a) or (b). 
(12)The appropriate requirement referred to in paragraph (ii) o f subsection (11) is— 
(a)in the case of any such arrangements as are referred to in p aragraph (a) or (b) of that subsection, to 
refer those arrangements to the Director General of Fair Tradin g, and 
(b)in the case of any such modification as is so referred to, t o inform him of that modification; and Schedule 4 to this Act shall have effect with respect to an y reference made under paragraph (a) above 
and matters arising out of any such reference, including the su bsequent modification of the arrangements to 
which it relates. 
(13)In this section “the relevant date” means the date which th e Commission determine to be that by which 
any such arrangements as are mentioned in subsection (4) would need to have been made by the holders 
of regional Channel 3 licences in order for the arrangements to  be fully in operation at the time when those 
persons begin to provide their licensed services. 
Enforcement of licences  
40Power to direct licensee to br oadcast correction or apology o r not to repeat programme 
(1)If the Commission are satisfied— 
(a)that the holder of a Channel 3 or Channel 5 licence has fail ed to comply with any condition of the 
licence, and 
(b)that that failure can be appropriately remedied by the inclu sion in the licensed service of a correction or 
apology (or both) under this subsection, 
they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction 
or apology (or both) in such form, and at such time or times, a s they may determine. 
(2)The Commission shall not give any person a direction under s ubsection (1) unless they have given him 
a reasonable opportunity of making representations to them abou t the matters complained of. 
(3)Where the holder of a licence includes a correction or apolo gy in the licensed service in pursuance of a 
direction under subsection (1), he may announce that he is doin g so in pursuance of such a direction. 
(4)If the Commission are satisfied that the inclusion by the ho lder of a Channel 3 or Channel 5 licence of 
any programme in the licensed service involved a failure by him  to comply with any condition of the licence, 
they may direct him not to include that programme in that servi ce on any future occasion. 
(5)This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a 
reference to the licence to provide Channel 4. 
41Power to impose financial penalty or shorten licence period 
(1)If the Commission are satisfied that the holder of a Channel  3 or Channel 5 licence has failed to comply 
with any condition of the licence or with any direction given b y the Commission under or by virtue of any 
provision of this Part, they may (subject to the following prov isions of this section) serve on him— 
(a)a notice requiring him to pay, within a specified period, a specified financial penalty to the Commission; 
or 
(b)a notice reducing the period for which the licence is to be in force by a specified period not exceeding 
two years. (2)The amount of any financial penalty imposed on any person in  pursuance of subsection (1)(a)— 
(a)shall, if such a penalty has not previously been so imposed on that person during any period for which 
his licence has been in force (“the relevant period”), not exce ed 3 per cent. of the qualifying revenue for his 
last complete accounting period (as determined in accordance wi th section 19(2) to (6)); and 
(b)shall, in any other case, not exceed 5 per cent. of the qual ifying revenue for that accounting period (as 
so determined); 
and in relation to a person whose first complete accounting per iod falling within the relevant period has not 
yet ended, paragraphs (a) and (b) above shall be construed as r eferring to 3, or (as the case may be) 5, per 
cent. of the amount which the Commission estimate to be the qua lifying revenue for that accounting period 
(as so determined). 
(3)The Commission shall not serve on any person such a notice a s is mentioned in subsection (1)(a) or (b) 
unless they have given him a reasonable opportunity of making r epresentations to them about the matters 
complained of. 
(4)Where a licence is due to expire on a particular date by vir tue of a notice served on any person under 
subsection (1)(b), the Commission may, on the application of th at person, revoke that notice by a further 
notice served on him at any time before that date, if they are satisfied that, since the date of the earlier 
notice, his conduct in relation to the operation of the license d service has been such as to justify the 
revocation of that notice. 
(5)It is hereby declared that any exercise by the Commission of  their powers under subsection (1) of this 
section in respect of any failure to comply with any condition of a licence shall not preclude any exercise by 
them of their powers under section 40 in respect of that failur e. 
(6)This section shall apply in relation to Channel 4 as if— 
(a)any reference to a Channel 3 licence were a reference to the  licence to provide Channel 4; and 
(b)subsection (1)(b) were omitted. 
42Power to revoke Channel 3 or 5 licence 
(1)If the Commission are satisfied— 
(a)that the holder of a Channel 3 or Channel 5 licence is faili ng to comply with any condition of the licence 
or with any direction given by them under or by virtue of any p rovision of this Part, and 
(b)that that failure is such that, if not remedied, it would ju stify the revocation of the licence, 
they shall (subject to subsection (8)) serve on the holder of t he licence a notice under subsection (2). 
(2)A notice under this subsection is a notice— 
(a)stating that the Commission are satisfied as mentioned in su bsection (1); (b)specifying the respects in which, in their opinion, the lice nce holder is failing to comply with any such 
condition or direction as is there mentioned; and 
(c)stating that, unless the licence holder takes, within such p eriod as is specified in the notice, such steps 
to remedy the failure as are so specified, the Commission will revoke his licence under subsection (3). 
(3)If at the end of the period specified in a notice under subs ection (2) the Commission are satisfied— 
(a)that the person on whom the notice was served has failed to take the steps specified in it, and 
(b)that it is necessary in the public interest to revoke his li cence, 
they shall (subject to subsection (8)) serve on that person a n otice revoking his licence. 
(4)If the Commission are satisfied in the case of any Channel 3  or Channel 5 licence— 
(a)that the holder of the licence has ceased to provide the lic ensed service before the end of the period for 
which the licence is to continue in force, and 
(b)that it is appropriate for them to do so, 
they shall (subject to subsection (8)) serve on him a notice re voking his licence. 
(5)If the Commission are satisfied— 
(a)that the holder of a Channel 3 or Channel 5 licence provided  them, in connection with his application for 
the licence, with information which was false in a material par ticular, or 
(b)that, in connection with his application for the licence, th e holder of such a licence withheld any material 
information with the intention of causing them to be misled, 
they may (subject to subsection (8)) serve on him a notice revo king his licence. 
(6)Subject to subsection (7), any notice served under subsectio n (3), (4) or (5) shall take effect as from the 
time when it is served on the licence holder. 
(7)If it appears to the Commission to be appropriate to do so f or the purpose of preserving continuity in the 
provision of the service in question, they may provide in any s uch notice for it to take effect as from a date 
specified in it. 
(8)The Commission shall not serve any notice on a person under this section unless they have given him a 
reasonable opportunity of making representations to them about the matters complained of. 
CHAPTER IIISATELLITE TELEVISION SERVICES  
43Domestic and non-domestic satellite services 
(1)In this Part “domestic satellite service” means a television  broadcasting service where the television 
programmes included in the service are transmitted by satellite  from a place in the United Kingdom— 
(a)on an allocated frequency, and 
(b)for general reception in the United Kingdom. (2)In this Part “non-domestic satellite service” means— 
(a)a service which consists in the transmission of television p rogrammes by satellite— 
(i)otherwise than on an allocated frequency, and 
(ii)for general reception in the United Kingdom or in any presc ribed country (or both), 
where the programmes are transmitted from a place in the United  Kingdom; or 
(b)a service which consists in the transmission of television p rogrammes by satellite— 
(i)from a place which is neither in the United Kingdom nor in a ny prescribed country, but 
(ii)for such reception as is mentioned in paragraph (a) (ii), 
if and to the extent that the programmes included in it consist  of material provided by a person in the United 
Kingdom who is in a position to determine what is to be include d in the service (so far as it consists of 
programme material provided by him). 
(3)For the purposes of this Part non-domestic satellite service s shall be regarded as provided by the 
following persons— 
(a)a service falling within subsection (2)(a)— 
(i)shall, if and to the extent that the programmes included in it consist of material provided by a person in 
the United Kingdom who is in a position to determine what is to  be included in the service (so far as it 
consists of programme material provided by him), be regarded as  provided by that person (whether the 
programmes are transmitted by him or not), but 
(ii)shall otherwise be regarded as provided by the person by wh om the programmes are transmitted; and 
(b)a service falling within subsection (2)(b) shall be regarded  as provided by the person by whom the 
programme material in question is provided as mentioned in that  provision. 
(4)In this section— 
• “allocated frequency” means a fr equency allocated to the United  Kingdom for broadcasting by satellite; 
• “prescribed country” means any country specified in an order ma de by the Secretary of State for the purposes of 
this subsection. 
44Licensing etc. of domestic satellite services 
(1)The Commission may grant such licences to provide domestic s atellite services as they may determine. 
(2)Without prejudice to the generality of section 3(2), a licen ce to provide a domestic satellite service may 
authorise the provision of a service which to any extent consis ts in the simultaneous transmission of 
different programmes on different frequencies. 
(3)Subject to subsection (4), the following provisions, namely—  (a)sections 15 to 20, 
(b)section 33, and 
(c)sections 38 and 40 to 42, 
shall apply in relation to a licence to provide a domestic sate llite service as they apply in relation to a licence 
to provide a Channel 3 service. 
(4)In its application in relation to a licence to provide a dom estic satellite service— 
(a)section 15(1) shall have effect with the omission of paragra ph (b); 
(b)section 16 shall have effect as if the licence were a licenc e to provide a regional Channel 3 licence, but 
with the omission of paragraphs (a) to (f) of subsection (2); 
(c)section 18 shall have effect with the omission of subsection s (3) to (5); and 
(d)section 20 shall have effect— 
(i)with the substitution in subsection (1) of “fifteen years” f or “ten years” in both places where those words 
occur, and 
(ii)with the omission of subsection (4)(b). 
45Licensing etc. of non-domestic satellite services 
(1)An application for a licence to provide a non-domestic satel lite service shall— 
(a)be made in such manner as the Commission may determine; and 
(b)be accompanied by such fee (if any) as they may determine. 
(2)Where such an application is duly made to the Commission, th ey may only refuse to grant the licence 
applied for if it appears to them that the service which would be provided under the licence would not 
comply with the requirements of section 6(1). 
(3)Section 44(2) shall apply to a licence to provide a non-dome stic satellite service as it applies to a licence 
to provide a domestic satellite service. 
(4)Any licence granted by the Commission to provide a non-domes tic satellite service shall (subject to the 
provisions of this Part) continue in force for a period of ten years. 
(5)Subject to subsections (6) and (7), sections 40 to 42 shall apply in relation to such a licence as they 
apply in relation to a licence to provide a Channel 3 service. 
(6)In its application in relation to a licence to provide a non -domestic satellite service, section 41 shall have 
effect with the omission of subsection (2); and the maximum amo unt which the holder of such a licence 
may be required to pay by way of a financial penalty imposed in  pursuance of subsection (1)(a) of that 
section shall instead be £50,000. 
(7)Section 42 shall apply in relation to such a licence with th e omission of subsection (7). (8)The Secretary of State may by order amend subsection (6) by substituting a different sum for the sum 
for the time being specified there. 
(9)Any order under subsection (8) shall be subject to annulment  in pursuance of a resolution of either 
House of Parliament. 
CHAPTER IVLICENSABLE PROGRAMME SERVICES  
46Licensable programme services 
(1)In this Part “licensable programme service” means (subject t o subsection (2)) a service consisting in the 
provision by any person of relevant programmes with a view to t heir being conveyed by means of a 
telecommunication system— 
(a)for reception in two or more dwelling-houses in the United K ingdom otherwise than for the purpose of 
being received there by persons who have a business interest in  receiving them, or 
(b)for reception at any place, or for simultaneous reception at  two or more places, in the United Kingdom 
for the purpose of being presented there either to members of t he public or to a group or groups of persons 
some or all of whom do not have a business interest in receivin g them, 
whether the telecommunication system is run by the person so pr oviding the programmes or by some other 
person, and whether the programmes are to be so conveyed as men tioned in paragraph (a) for simultaneous 
reception or for reception at different times in response to re quests made by different users of the service. 
(2)Subsection (1) does not apply to— 
(a)a service where the programmes are provided for transmission  in the course of the provision of a 
television broadcasting service or a non-domestic satellite ser vice; 
(b)a service where the running of the telecommunication system does not require to be licensed under Part 
II of the [1984 c. 12.] Telecommunications Act 1984; or 
(c)a two-way service, that is to say a service of which it is a n essential feature that while visual images or 
sounds (or both) are being conveyed by the person providing the  service there will or may be sent from 
each place of reception, by means of the same telecommunication  system or (as the case may be) the part 
of it by means of which they are conveyed, visual images or sou nds (or both) for reception by the person 
providing the service or other persons receiving it (other than  signals sent for the operation or control of the 
service). 
(3)It is hereby declared that the person who does either or bot h of the following things, that is to say— 
(a)uses a telecommunication system for conveying relevant progr ammes as mentioned in subsection (1), 
or 
(b)runs a telecommunication system which is so used, is not to be regarded as providing a licensable programme servi ce in respect of any such programmes except 
to the extent that they are provided by that person with a view  to their being so conveyed by means of that 
system. 
(4)It is hereby also declared that where— 
(a)any service constitutes such a service as is mentioned in su bsection (1), and 
(b)the relevant programmes in respect of which the service is p rovided are provided for transmission in the 
course of the provision of any additional service, 
that service is licensable under section 47 as a licensable pro gramme service, and not otherwise; and in this 
subsection “additional service” means an additional service wit hin the meaning of this Part or Part III. 
(5)In this section “relevant programme” means a television prog ramme other than one consisting wholly or 
mainly of non-representational images (within the meaning of se ction 2(6)); and for the purposes of this 
section a person has a business interest in receiving programme s if he has an interest in receiving them for 
the purposes of his business, trade, profession or employment. 
47Licensing etc. of licensable programme services 
(1)An application for a licence to provide a licensable program me service shall— 
(a)be made in such manner as the Commission may determine; and 
(b)be accompanied by such fee (if any) as they may determine. 
(2)Where such an application is duly made to the Commission, th ey may only refuse to grant the licence 
applied for if it appears to them that the service which would be provided under the licence would not 
comply with the requirements of section 6(1) (whether the Commi ssion were to make a determination 
under subsection (4) below or not). 
(3)Any licence granted by the Commission to provide a licensabl e programme service shall (subject to the 
provisions of this Part) continue in force for such period not exceeding ten years as may be specified in the 
licence. 
(4)If the Commission— 
(a)are satisfied that a particular licensable programme service  is to be provided with a view to its 
programmes being conveyed for reception only in a particular ar ea or locality in the United Kingdom, and 
(b)consider that it is appropriate to do so, 
they may, when licensing the service, determine that section 6 shall, in its application in relation to that 
service, have effect subject to the modifications specified in subsection (5). 
(5)The modifications of section 6 are as follows— 
(a)the following paragraph shall be substituted for paragraph ( c) of subsection (1)— “(c)that undue prominence is not given in its programmes to the  views and opinions of particular persons or 
bodies on matters of political or industrial controversy or rel ating to current public policy;”; 
(b)the following subsection shall be substituted for subsection  (2)— 
“(2)In applying subsection (1)(c) to any licensed service, the programmes included in that service shall be 
taken as a whole.”; 
and 
(c)the following provisions shall be omitted, namely— 
(i)subsections (3) and (5) to (7), and 
(ii)in subsection (4), the words from the beginning to “subsect ion (1),”. 
(6)The Commission shall— 
(a)draw up, and from time to time review, a code giving guidanc e as to the rules to be observed in 
connection with the application of section 6(1)(c) (as substitu ted by subsection (5) above) in relation to a 
service in respect of which a determination under subsection (4 ) above is in force; and 
(b)do all that they can to secure that the provisions of the co de are observed in the provision of any such 
service. 
(7)The Commission shall publish the code drawn up under subsect ion (6), and every revision of it, in such 
manner as they consider appropriate. 
(8)Subject to subsections (9) and (10), sections 40 to 42 shall  apply in relation to a licence to provide a 
licensable programme service as they apply in relation to a lic ence to provide a Channel 3 service. 
(9)In its application in relation to such a licence, section 41  shall have effect with the omission of subsection 
(2); and the maximum amount which the holder of such a licence may be required to pay by way of a 
financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000. 
(10)Section 42 shall apply in relation to such a licence with t he omission of subsection (7). 
(11)The Secretary of State may by order amend subsection (9) ab ove by substituting a different sum for the 
sum for the time being specified there. 
(12)Any order under subsection (11) shall be subject to annulme nt in pursuance of a resolution of either 
House of Parliament. 
CHAPTER VADDITIONAL SERVICES PROVIDED ON TELEVISION BROADCASTING FREQUENCIES  
48Additional services 
(1)In this Part “additional service” means any service which co nsists in the sending of telecommunication 
signals for transmission by wireless telegraphy by means of the  use of the spare capacity within the signals 
carrying any television broadcasting service provided— (a)on any frequency assigned under section 65(1) (other than a frequency which, in pursuance of section 
73(2), is assigned by the Commission to a local delivery servic e within the meaning of Part II), or 
(b)on any other allocated frequency notified to the Commission by the Secretary of State. 
(2)For the purposes of this Part the spare capacity within the signals carrying any such broadcasting 
service shall be taken to be— 
(a)where the service is provided on a frequency falling within subsection (1)(a) above, any part of those 
signals which is not required for the purposes of the provision  of that service and is determined by the 
Commission to be available for the provision of additional serv ices; 
(b)where the service is provided on a frequency notified to the  Commission under subsection (1)(b) above, 
such part of those signals as the Secretary of State may specif y when making the notification; 
and references in this Part to spare capacity shall be construe d accordingly. 
(3)The Commission shall, when determining under subsection (2)( a) the extent and nature of the spare 
capacity available for the provision of additional services in the case of any frequency, have regard— 
(a)if it is a frequency on which a Channel 3 service or Channel  5 is provided, to the obligations of the 
person providing that service as respects the provision of subt itling in accordance with conditions imposed 
in pursuance of section 35; 
(b)if it is a frequency on which Channel 4 is provided, to the need for subtitling to be provided in connection 
with programmes on Channel 4; and 
(c)if it is a frequency falling within either of paragraphs (a)  and (b), to any need of the person providing the 
service in question to be able to use part of the signals carry ing it for providing services (other than 
subtitling) which are ancillary to programmes included in the s ervice and directly related to their contents. 
(4)A person holding a licence to provide a Channel 3 service or  Channel 4 or 5 shall be taken for the 
purposes of this Part to be authorised by his licence— 
(a)to provide subtitling as mentioned in subsection (3)(a) or ( b); and 
(b)to provide any such services as are mentioned in subsection (3)(c). 
(5)The Secretary of State may, when making any notification und er subsection (1)(b), specify a date 
beyond which the frequency in question is not to be used for th e provision of additional services; and any 
such notification shall accordingly cease to have effect on tha t date. 
(6)In this section— 
• “allocated frequency” means a frequency allocated to the United  Kingdom for the provision of television 
broadcasting services; 
• “subtitling” means subtitling for  the deaf provided by means of  a teletext s ervice; and • “telecommunication signals” means anything falling within parag raphs (a) to (d) of section 4(1) of the [1984 c. 
12.] Telecommunications Act 1984 (meaning of “te lecommunication  system”). 
49Licensing of additional services 
(1)Subject to subsection (2), the Commission shall do all that they can to secure that, in the case of each of 
the following frequencies, namely— 
(a)any frequencies falling within section 48(1)(a) on which tel evision broadcasting services are provided, 
and 
(b)any frequencies notified to the Commission under section 48( 1)(b), 
all of the spare capacity available for the provision of additi onal services on that frequency is used for the 
provision of such services under additional services licences g ranted by the Commission in accordance with 
this section. 
(2)The Commission shall do all that they can to secure, in rela tion to the combined spare capacity available 
for the provision of additional services on frequencies on whic h Channel 3 services and Channel 4 are 
respectively provided, that a single teletext service is provid ed on that spare capacity; but any such service 
shall be provided only on so much of that spare capacity as the  Secretary of State may approve. 
(3)In relation to so much of any such service as is provided fo r reception wholly or mainly in Wales, 
references in subsection (2) to any such combined spare capacit y as is there mentioned shall be construed 
as references to the spare capacity available for the provision  of additional services on frequencies on 
which S4C is provided; and the Secretary of State shall exercis e his powers under section 48(1)(b) and 
(2)(b) in such manner as he considers appropriate to take accou nt of this subsection. 
(4)An additional services licence may relate to the use of spar e capacity within more than one frequency; 
and two or more additional services licences may relate to the use of spare capacity within the same 
frequency where it is to be used at different times, or in diff erent areas, in the case of each of those 
licences. 
(5)An additional services licence may include provisions enabli ng the licence holder, subject to and in 
accordance with such conditions as the Commission may impose, t o authorise any person to whom this 
subsection applies to provide any additional service on the spa re capacity allocated by the licence. 
(6)Subsection (5) applies to any person who is not a disqualifi ed person in relation to an additional services 
licence by virtue of Part II of Schedule 2 to this Act. 
(7)Any conditions included in an additional services licence sh all apply in relation to the provision of 
additional services by a person authorised as mentioned in subs ection (5) as they apply in relation to the 
provision of such services by the licence holder; and any failu re by such a person to comply with any such 
conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to 
comply with those conditions. (8)Every licence under this Part to provide a television broadc asting service shall include such conditions 
as appear to the Commission to be appropriate for securing that  the licence holder grants— 
(a)to any person who holds a licence to provide additional serv ices on the frequency on which that 
broadcasting service is provided, and 
(b)to any person who is authorised by any such person as mentio ned in subsection (5) to provide additional 
services on that frequency, 
access to facilities reasonably required by that person for the  purposes of, or in connection with, the provision 
of any such additional services. 
(9)Any person who grants to any other person access to faciliti es in accordance with conditions imposed 
under subsection (8) may require that other person to pay a rea sonable charge in respect thereof; and any 
dispute as to the amount of any such charge shall be determined  by the Commission. 
(10)In this Part “additional services licence” means a licence to provide additional services. 
50Applications for additional services licences 
(1)Where the Commission propose to grant a licence to provide a dditional services they shall publish, in 
such manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying— 
(i)the television broadcasting service or services on whose fre quency or frequencies the services are to be 
provided, and 
(ii)(subject to the approval of the Secretary of State) the ext ent and nature of the spare capacity which is to 
be allocated by the licence; 
(c)inviting applications for the licence and specifying the clo sing date for such applications; and 
(d)specifying— 
(i)the fee payable on any application made in pursuance of the notice, and 
(ii)the percentage of qualifying revenue for each accounting pe riod that would be payable by an applicant in 
pursuance of section 52(1)(c) if he were granted the licence. 
(2)The Commission may, if they think fit, specify under subsect ion (1)(d)(ii)— 
(a)different percentages in relation to different accounting pe riods falling within the period for which the 
licence would be in force; 
(b)a nil percentage in relation to any accounting period so fal ling. 
(3)Any application made in pursuance of a notice under this sec tion must be in writing and accompanied 
by— (a)the fee specified in the notice under subsection (1)(d)(i); 
(b)a technical plan indicating— 
(i)the nature of any additional services which the applicant pr oposes to provide, and 
(ii)so far as known to the applicant, the nature of any additio nal services which any other person proposes 
to provide in accordance with section 49(5); 
(c)the applicant’s cash bid in respect of the licence; and 
(d)such information as the Commission may reasonably require as  to the applicant’s present financial 
position and his projected financial position during the period  for which the licence would be in force. 
(4)At any time after receiving such an application and before d etermining it the Commission may require 
the applicant to furnish additional information under subsectio n (3)(b) or (d). 
(5)Any information to be furnished to the Commission under this  section shall, if they so require, be in such 
form or verified in such manner as they may specify. 
(6)The Commission shall, as soon as reasonably practicable afte r the date specified in a notice under this 
section as the closing date for applications, publish in such m anner as they consider appropriate— 
(a)the name of every person who has made an application to them  in pursuance of the notice; 
(b)particulars of the technical plan submitted by him under sub section (3)(b); and 
(c)such other information connected with his application as the  Commission consider appropriate. 
(7)The provisions of this section and sections 51 and 53 shall,  in relation to the teletext service referred to 
in section 49(2), have effect subject to the provisions of Sche dule 5 to this Act. 
51Procedure to be followed by Commission in connection with con sideration of applications for, 
and awarding of, licences 
(1)Where a person has made an application for an additional ser vices licence in accordance with section 
50, the Commission shall not proceed to consider whether to awa rd him the licence on the basis of his 
cash bid in accordance with subsections (3) and (4) below unles s it appears to them— 
(a)that the technical plan submitted under section 50(3)(b) is,  so far as it involves the use of any 
telecommunication system, acceptable to the relevant licensing authorities; and 
(b)that the services proposed to be provided under the licence would be capable of being maintained 
throughout the period for which the licence would be in force; 
and any reference to an applicant in section 17 (as applied by subsection (3) below) is accordingly a reference 
to an applicant in whose case it appears to the Commission that  the requirements of paragraphs (a) and (b) 
above are satisfied. 
(2)Before forming any view as to whether the requirement specif ied in subsection (1)(a) is satisfied in the 
case of an applicant the Commission shall consult the relevant licensing authorities. (3)Subject to subsection (4), section 17 shall apply in relatio n to an additional services licence as it applies 
in relation to a Channel 3 licence. 
(4)In the application of section 17 in relation to an additiona l services licence— 
(a)the provisions of subsection (4) down to the end of paragrap h (b) shall be omitted; 
(b)in subsection (7)(a), the reference to section 19(1) shall b e construed as a reference to section 52(1); 
and 
(c)subsection (12) shall have effect with the substitution of t he following paragraph for paragraph (b)— 
“(b)the name of every other applicant in whose case it appeared  to the Commission that the requirement 
specified in section 51(1)(a) was satisfied;”. 
(5)If at any time after an additional services licence has been  granted to any person but before the licence 
has come into force— 
(a)that person indicates to the Commission that none of the ser vices in question will be provided once the 
licence has come into force, or 
(b)the Commission for any other reason have reasonable grounds for believing that none of those services 
will be so provided, 
then, subject to subsection (6)— 
(i)the Commission shall serve on him a notice revoking the lice nce as from the time the notice is served on 
him, and 
(ii)section 17 (as applied by subsection (3) above) shall, subj ect to section 17(14), have effect as if he had 
not made an application for the licence. 
(6)Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection 
unless the Commission have served on him a notice stating their  grounds for believing that none of the 
services in question will be provided once his licence has come  into force; and they shall not serve such a 
notice on him unless they have given him a reasonable opportuni ty of making representations to them 
about the matters complained of. 
(7)In this section “the relevant licensing authorities” means t he Secretary of State and the Director General 
of Telecommunications. 
52Additional payments to be made in respect of additional servi ces licences 
(1)An additional services licence shall include conditions requ iring the licence holder to pay to the 
Commission (in addition to any fees required to be so paid by v irtue of section 4(1)(b))— 
(a)in respect of the first complete calendar year falling withi n the period for which the licence is in force, the 
amount specified in his cash bid; (b)in respect of each subsequent year falling wholly or partly within that period, the amount so specified as 
increased by the appropriate percentage; and 
(c)in respect of each accounting period of his falling within t he period referred to in paragraph (a), an 
amount representing such percentage of the qualifying revenue f or that accounting period as was specified 
in relation to the licence under section 50(1)(d)(ii). 
(2)For the purposes of subsection (1)(c) the qualifying revenue  for any accounting period of the licence 
holder shall consist of all amounts which are received or to be  received by him or by any connected person 
and are referable to the right under his licence to use, or to authorise any other person to use, in that period 
the spare capacity allocated by the licence. 
(3)An additional services licence may include conditions— 
(a)enabling the Commission to estimate before the beginning of an accounting period the amount due for 
that period by virtue of subsection (1)(c); and 
(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period. 
(4)Such a licence may in particular include conditions— 
(a)authorising the Commission to revise any estimate on one or more occasions, and to adjust the 
instalments payable by the licence holder to take account of th e revised estimate; 
(b)providing for the adjustment of any overpayment or underpaym ent. 
(5)Where— 
(a)the first complete accounting period of the licence holder f alling within the period referred to in 
subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or 
(b)the last complete accounting period of his falling within th e licence period does not end at the same time 
as that period, 
any reference in subsection (1)(c) to an accounting period of h is shall include a reference to such part of the 
accounting period preceding that first complete accounting peri od, or (as the case may be) following that last 
complete accounting period, as falls within the licence period;  and other references to accounting periods in 
this Part shall be construed accordingly. 
53Duration of licences, and renewal of licences for provision o f services on assigned frequencies 
(1)A licence for the provision of additional services on a freq uency notified to the Commission under 
section 48(1)(b) shall not continue in force beyond such date a s may be specified by the Secretary of State 
in relation to that frequency under section 48(5); and a licenc e for the provision of such services on a 
frequency assigned under section 65(1)— 
(a)shall, subject to the provisions of this Part, continue in f orce for a period of ten years, and (b)may (subject to the following provisions of this section) be  renewed on one or more occasions for a 
period of ten years beginning with the date of renewal. 
(2)An application for the renewal of a licence under subsection  (1) may be made by the licence holder not 
earlier than four years before the date on which it would other wise cease to be in force and not later than 
the relevant date. 
(3)In its application to a licence for the provision of additio nal services on a frequency used for the 
broadcasting of a domestic satellite service— 
(a)subsection (1) shall have effect with the substitution of “f ifteen years” for “ten years” in both places 
where those words occur; and 
(b)subsection (2) shall have effect with the substitution of “f ive years” for “four years”. 
(4)Where an application is made for the renewal of a licence un der subsection (1) before the relevant date, 
the Commission may postpone the consideration of it by them for  as long as they think appropriate having 
regard to subsection (9). 
(5)Where an application for the renewal of an additional servic es licence has been duly made to the 
Commission, they may only (subject to subsection (6)) refuse th e application if— 
(a)they are not satisfied that any additional service specified  in the technical plan submitted under section 
50(3)(b) would, if the licence were renewed, be provided as pro posed in that plan, or 
(b)they propose to grant a fresh additional services licence fo r the provision of any additional service which 
would differ in any material respect from any such service auth orised to be provided under the applicant’s 
licence, or 
(c)they propose to determine that all or part of the spare capa city allocated by the licence is to cease to be 
available for the provision of additional services in order tha t it may be used by any relevant person for the 
purpose of enhancing the technical quality of his television br oadcasting service; 
and in paragraph (c) “relevant person” means the person providi ng a television broadcasting service on 
whose frequency the licensed service has been provided. 
(6)Section 17(5) to (7) shall apply in relation to an applicant  for the renewal of an additional services licence 
as those provisions apply in relation to such an applicant as i s mentioned in section 17(5), but as if— 
(a)any reference to the awarding of a Channel 3 licence to the applicant were a reference to the renewal of 
the applicant’s licence under this section; and 
(b)in section 17(7), the reference to section 19(1) were a refe rence to section 52(1). 
(7)On the grant of any such application the Commission— 
(a)shall determine an amount which is to be payable to the Comm ission by the licence holder in respect of 
the first complete calendar year falling within the period for which the licence is to be renewed; and (b)may specify a different percentage from that specified under  section 50(1)(d)(ii) as the percentage of 
qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of 
section 52(1)(c) during the period for which the licence is to be renewed; 
and the Commission may specify under paragraph (b) either of th e things mentioned in section 50(2). 
(8)The amount determined by the Commission under subsection (7) (a) in connection with the renewal of a 
licence shall be such amount as would, in their opinion, be pay able to them by virtue of section 52(1)(a) if 
they were granting a fresh licence to provide the additional se rvices in question. 
(9)Where the Commission have granted a person’s application und er this section they shall formally renew 
his licence not later than the relevant date or, if that is not  reasonably practicable, as soon after that date as 
is reasonably practicable; and they shall not so renew his lice nce unless they have notified him of— 
(a)the amount determined by them under subsection (7)(a), and 
(b)any percentage specified by them under subsection (7)(b), 
and he has, within such period as is specified in that notifica tion, notified them that he consents to the licence 
being renewed on those terms. 
(10)Where an additional services licence is renewed under this section— 
(a)any conditions included in it in pursuance of section 52 sha ll have effect during the period for which the 
licence has been renewed— 
(i)as if the amount determined by the Commission under subsecti on (7)(a) above were an amount specified 
in a cash bid submitted by the licence holder, and 
(ii)subject to any determination made under subsection (7)(b) a bove; and 
(b)(subject to paragraph (a)) that section shall have effect in  relation to the period for which the licence has 
been renewed as it has effect in relation to the period for whi ch an additional services licence is originally in 
force. 
(11)In this section “the relevant date”, in relation to an addi tional services licence, means the date which 
the Commission determine to be that by which they would need to  publish a notice under section 50 if they 
were to grant, as from the date on which that licence would exp ire if not renewed, a fresh licence to provide 
the additional services formerly provided under that licence. 
54Additional services not to interfere with other transmissions  
(1)An additional services licence may include such conditions a s the Commission consider appropriate for 
securing that the provision of any additional service under the  licence does not cause any interference 
with— 
(a)the television broadcasting serv ice or services on whose fre quency or frequencies it is provided, or 
(b)any other wireless telegraphy transmissions. (2)Before imposing any conditions in pursuance of subsection (1 ) the Commission shall consult the 
relevant licensing authorities (within the meaning of section 5 1). 
55Enforcement of additional services licences 
(1)If the Commission are satisfied that the holder of an additi onal services licence has failed to comply with 
any condition of the licence or with any direction given by the  Commission under or by virtue of any 
provision of this Part, they may (subject to subsection (3)) se rve on him a notice requiring him to pay, within 
a specified period, a specified financial penalty to the Commis sion. 
(2)The amount of any financial penalty imposed on any person in  pursuance of subsection (1)— 
(a)shall, if such a penalty has not previously been so imposed on that person during any period for which 
his licence has been in force (“the relevant period”), not exce ed 3 per cent. of the qualifying revenue for his 
last complete accounting period falling within the relevant per iod (as determined in accordance with section 
52(2)); and 
(b)shall, in any other case, not exceed 5 per cent. of the qual ifying revenue for that accounting period (as 
so determined); 
and, in relation to a person whose first complete accounting pe riod falling within the relevant period has not 
yet ended, paragraphs (a) and (b) above shall be construed as r eferring to 3, or (as the case may be) 5, per 
cent. of the amount which the Commission estimate to be the qua lifying revenue for that accounting period 
(as so determined). 
(3)The Commission shall not serve on any person a notice under subsection (1) unless they have given 
him a reasonable opportunity of making representations to them about the matters complained of. 
(4)Section 42 shall apply in relation to an additional services  licence as it applies in relation to a licence to 
provide a Channel 3 service, but with the omission of subsectio n (7). 
CHAPTER VITELEVISION BROADCASTING BY WELSH AUTHORITY  
56Welsh Authority to continue in existence as Sianel Pedwar Cym ru 
(1)The authority which at the commencement of this section is c alled the Welsh Fourth Channel Authority 
shall continue in existence as a body corporate but— 
(a)shall be known as Sianel Pedwar Cymru (or S4C); and 
(b)shall be constituted in accordance with, and have the functi ons conferred by, this Act; 
and in this Act references to the Welsh Authority are reference s to that authority. 
(2)The Welsh Authority shall consist of— 
(a)a chairman appointed by the Secretary of State; and 
(b)such number of other members appointed by the Secretary of S tate, not being less than four nor more 
than eight, as he may from time to time determine. (3)Schedule 6 to this Act shall have effect with respect to the  Welsh Authority. 
57Function and duties of Welsh Authority 
(1)The function of the Welsh Authority shall be to provide a te levision broadcasting service of high quality 
for reception wholly or mainly in Wales to be known as Sianel P edwar Cymru (or S4C); and in this Part 
references to S4C are references to that service. 
(2)It shall be the duty of the Welsh Authority— 
(a)to provide S4C as a public service for disseminating informa tion, education and entertainment; 
(b)to ensure that a substantial proportion of the programmes br oadcast on S4C are in Welsh and that the 
programmes broadcast on S4C between 6.30 pm and 10 pm consist m ainly of programmes in Welsh; and 
(c)to ensure that the programmes in Welsh which are broadcast o n S4C maintain— 
(i)a high general standard in all respects (and, in particular,  in respect of their content and quality), and 
(ii)a wide range in their subject matter, having regard both to  the programmes as a whole and also to the 
days of the week on which, and the times of the day at which, t he programmes are broadcast. 
(3)The Welsh Authority shall secure that, during any period all ocated by them to the broadcasting of a 
programme not in Welsh, the programme broadcast by them on S4C is normally a programme which is 
being, has been or is to be broadcast on Channel 4. 
(4)The Welsh Authority may use part of the signals carrying S4C  to provide— 
(a)subtitling in connection with programmes on S4C, and 
(b)other services which are ancillary to such programmes and di rectly related to their contents; 
and in this subsection “subtitling” means any subtitling provid ed by means of a teletext service. 
(5)In this section and section 58 “programme” does not include an advertisement. 
58Sources of programmes for S4C 
(1)For the purpose of enabling the Welsh Authority to comply wi th their duty under section 57(2)(b) it shall 
be the duty of the BBC to provide the Authority (free of charge ) with sufficient television programmes in 
Welsh to occupy not less than ten hours' transmission time per week, and to do so in a way which meets 
the reasonable requirements of the Authority. 
(2)It shall be the duty of the Channel Four Television Corporat ion— 
(a)to provide the Welsh Authority with programme schedules for the programmes broadcast on Channel 4, 
including information as to the periods available for the broad casting of advertisements, far enough in 
advance to enable the Welsh Authority to comply with section 57 (3); and 
(b)to provide the Welsh Authority (free of charge) with any pro grammes which are required by the Authority 
for the purpose of complying with that provision. (3)The programmes broadcast on S4C may, to the extent that they  are not provided under subsection (1) 
or (2), be obtained by the Welsh Authority from such persons as  they think fit. 
(4)Where any programmes provided under subsection (2) each form  part of a series of programmes, the 
Welsh Authority shall ensure that the intervals between those p rogrammes when broadcast on S4C 
normally correspond to the intervals between them when broadcas t on Channel 4. 
(5)The Welsh Authority shall publish, in such manner as they co nsider appropriate, advance notice of the 
programme schedules for the programmes to be broadcast on S4C. 
59Requirements to be complied with in relation to S4C programme s 
(1)The Welsh Authority shall ensure that the following requirem ents are complied with in relation to S4C, 
namely— 
(a)that nothing is included in its programmes which offends aga inst good taste or decency or is likely to 
encourage or incite to crime or to lead to disorder or to be of fensive to public feeling; 
(b)that any news given (in whatever form) in its programmes is presented with due accuracy and 
impartiality; 
(c)that due impartiality is preserved on the part of the Author ity as respects matters of political or industrial 
controversy or relating to current public policy; 
(d)that due responsibility is exercised with respect to the con tent of any of its programmes which are 
religious programmes, and that in particular any such programme s do not involve— 
(i)any improper exploitation of any susceptibilities of those w atching the programmes, or 
(ii)any abusive treatment of the religious views and beliefs of  those belonging to a particular religion or 
religious denomination; and 
(e)that its programmes do not include any technical device whic h, by using images of very brief duration or 
by any other means, exploits the possibility of conveying a mes sage to, or otherwise influencing the minds 
of, persons watching the programmes without their being aware, or fully aware, of what has occurred. 
(2)In applying subsection (1)(c) a series of programmes may be considered as a whole. 
(3)Without prejudice to the generality of subsection (1), the W elsh Authority shall ensure that there are 
excluded from the programmes broadcast on S4C all expressions o f the views and opinions of the 
Authority on matters (other than broadcasting) which are of pol itical or industrial controversy or relate to 
current public policy. 
(4)The code referred to in section 6(3) shall have effect in re lation to the application of subsection (1)(c) 
above in relation to S4C as it has effect in relation to the ap plication of section 6(1)(c) in relation to a 
licensed service; and the code referred to in section 7 shall h ave effect in relation to S4C as it has effect in 
relation to a licensed service. (5)The Welsh Authority shall observe the provisions of those co des (as they have effect in accordance with 
subsection (4)) in the provision of S4C. 
60Advertising on S4C 
(1)The Welsh Authority shall ensure that the following rules ar e complied with in relation to S4C, namely— 
(a)S4C must not include— 
(i)any advertisement which is inserted by or on behalf of any b ody whose objects are wholly or mainly of a 
political nature, 
(ii)any advertisement which is directed towards any political e nd, or 
(iii)any advertisement which has any relation to any industrial  dispute (other than an advertisement of a 
public service nature inserted by, or on behalf of, a governmen t department); 
(b)in the acceptance of advertisements for inclusion in S4C the re must be no unreasonable discrimination 
either against or in favour of any particular advertiser; and 
(c)(except in the case of any programme to which the Welsh Auth ority determine that this paragraph is not 
to apply) S4C must not include a programme which is sponsored b y any person whose business consists, 
wholly or mainly, in the manufacture or supply of a product, or  in the provision of a service, which the 
Welsh Authority are prohibited from advertising by virtue of su bsection (2) or (4) below. 
(2)The code under section 9 shall have effect in relation to ad vertisements broadcast on S4C as it has 
effect in relation to advertisements broadcast on Channel 4; an d the Welsh Authority shall observe the 
provisions of that code (as it so has effect) in the provision of S4C. 
(3)Where the Commission give any directions under subsection (7 ) of that section to the Channel Four 
Television Corporation, they shall send a copy of those directi ons to the Welsh Authority; and, so long as 
the directions remain in force, the Welsh Authority shall, in b roadcasting advertisements on S4C, give 
effect to the provisions of the directions as if they were prov isions regulating the times when 
advertisements are to be allowed to be broadcast on S4C. 
(4)The Welsh Authority shall— 
(a)from time to time consult the Secretary of State as to the c lasses and descriptions of advertisements 
which must not be broadcast on S4C and the methods of advertisi ng or sponsorship which must not be 
employed in, or in connection with, the provision of S4C; and 
(b)carry out any directions which he may give to them in respec t of such matters. 
(5)The Welsh Authority shall not act as an advertising agent. 
(6)After consultation with the Welsh Authority the Secretary of  State may make regulations amending, 
repealing or adding to the rules specified in subsection (1); b ut no such regulations shall be made unless a 
draft of the regulations has been laid before and approved by a  resolution of each House of Parliament. 61Funding of Welsh Authority 
(1)The Secretary of State shall, for the year 1993 and each sub sequent year, pay to the Welsh Authority an 
amount representing 32 per cent. of the total television revenu es for the preceding year. 
(2)The Commission shall, before the beginning of each of those years (“the relevant year”)— 
(a)estimate the amount of the total television revenues for the  preceding year; and 
(b)notify the Secretary of State of that estimated amount; 
and the Secretary of State shall at the beginning of the releva nt year pay to the Welsh Authority, by way of 
an interim payment for that year, an amount representing 32 per  cent. of that estimated amount. 
(3)Once the Commission have finally determined the amount of th e total television revenues for a particular 
year, they shall notify the Secretary of State of the amount so  determined by them; and on receiving any 
such notification the Secretary of State shall, in respect of t he year following that year— 
(a)pay to the Welsh Authority any amount payable by him by virt ue of subsection (1), after taking into 
account the interim payment made for that year under subsection  (2), or 
(b)notify the Welsh Authority of the amount of any overpayment made by him by means of any such interim 
payment. 
(4)The Welsh Authority shall, as soon as reasonably practicable  after receiving any notification under 
subsection (3)(b), pay to the Secretary of State the amount spe cified in the notification. 
(5)In this section “total television revenues”— 
(a)in relation to the year 1992, means the aggregate of the qua lifying revenues for that year of— 
(i)the TV programme contractors (as defined by section 10(2) of  the 1981 Act), and 
(ii)the body corporate referred to in section 12(2) of that Act ; and 
(b)in relation to any subsequent year, has the meaning given by  section 26(2); 
and section 19(2) to (6) shall have effect, with any necessary modifications, for the purpose of enabling the 
Commission to estimate or determine a person’s qualifying reven ue for any year for the purposes of this 
subsection. 
(6)Any sums required by the Secretary of State under this secti on shall be paid out of money provided by 
Parliament. 
(7)The Secretary of State may, after consulting the Commission and the Welsh Authority, by order amend 
each of subsections (1) and (2) by substituting a different per centage for the percentage for the time being 
specified there; but no such order may be made before the end o f the year 1997 unless the Secretary of 
State is satisfied that it is necessary to make the order havin g regard to the cost to the Authority of 
transmitting S4C. (8)An order shall not be made under subsection (7) unless a dra ft of it has been laid before and approved 
by a resolution of each House of Parliament. 
62Information to be supplied to Commission by Welsh Authority 
The Welsh Authority shall provide the Commission with such fore casts, estimates, information and 
documents as the Commission may reasonably require for the purp ose of enabling them to perform their 
functions under sections 26 and 61. 
63Government control over S4C 
(1)If it appears to him to be necessary or expedient to do so i n connection with his functions as such, the 
Secretary of State or any other Minister of the Crown may at an y time by notice require the Welsh Authority 
to broadcast, at such times as may be specified in the notice, any announcement specified in the notice, 
with or without visual images of any picture, scene or object m entioned in the announcement; and it shall 
be the duty of the Authority to comply with the notice. 
(2)Where the Welsh Authority broadcast any announcement in purs uance of a notice under subsection (1), 
they may announce that they are doing so in pursuance of such a  notice. 
(3)The Secretary of State may at any time by notice require the  Welsh Authority to refrain from 
broadcasting any matter or classes of matter specified in the n otice; and it shall be the duty of the Authority 
to comply with the notice. 
(4)Where the Secretary of State has given the Welsh Authority a  notice under subsection (3), the Authority 
may broadcast an announcement of the giving of the notice or, w hen it has been revoked or has expired, of 
its revocation or expiration. 
(5)The powers conferred by this section are in addition to any power specifically conferred on the Secretary 
of State by any other provision of this Act. 
64Audience research by Welsh Authority 
(1)The Welsh Authority shall make arrangements for ascertaining — 
(a)the state of public opinion concerning programmes broadcast on S4C; 
(b)any effects of such programmes on the attitudes or behaviour  of persons who watch them; and 
(c)the types of programme that members of the public would like  to be broadcast on S4C. 
(2)Those arrangements shall— 
(a)secure that, so far as is reasonably practicable, any resear ch undertaken in pursuance of the 
arrangements is undertaken by persons who are neither members n or employees of the Welsh Authority; 
and 
(b)include provision for full consideration by the Authority of  the results of any such research. 
CHAPTER VIISUPPLEMENTAL  
65Assignment of frequencies by Secretary of State (1)The Secretary of State may by notice assign to the Commissio n, for the purpose of the provision of 
services falling to be licensed by them under this Part or Part  II, such frequencies as he may determine; 
and any frequency so assigned shall be taken to be so assigned for the purpose only of being used for the 
provision of one or more of those services. 
(2)Any frequency assigned by the Secretary of State under subse ction (1) may be so assigned for use only 
in such area or areas as may be specified by the Secretary of S tate when making the assignment. 
(3)The Secretary of State may by notice assign to the Welsh Aut hority for the purpose of the provision of 
S4C such frequencies as he may determine; and any such frequenc ies shall be taken to be so assigned for 
the purpose only of being used for the provision of that servic e and any services which they are authorised 
to provide by virtue of section 57(4). 
(4)The Secretary of State may by notice revoke the assignment u nder subsection (1) or (3) of any 
frequency specified in the notice, and (in the case of a freque ncy assigned to the Commission) may do so 
whether or not the frequency is for the time being one on which  there is being provided a service licensed 
under this Part or Part II. 
66Requirements relating to transmission and distribution of ser vices 
(1)During such period as the Secretary of State may by order sp ecify, all Channel 3 services shall be 
broadcast for general reception by a single person under arrang ements made with him by the persons 
licensed to provide those services; and every Channel 3 licence  shall include such conditions as appear to 
the Commission to be appropriate— 
(a)for securing that result and 
(b)for securing that the costs incurred in respect of the broad casting of those services (taken as a whole) 
during that period in accordance with those arrangements are sh ared by those persons in such manner as 
may be approved by the Secretary of State. 
(2)Any Channel 3 licence shall include such conditions as appea r to the Commission to be appropriate for 
securing that the costs incurred in respect of the distribution  of Channel 3 services (taken as a whole) 
during such period as the Secretary of State may by order speci fy are shared by the persons licensed to 
provide those services in such manner as may be approved by the  Secretary of State. 
In this subsection “distribution”, in relation to Channel 3 ser vices, means the conveyance of those services 
(by whatever means and whether directly or indirectly) to the b roadcasting stations from which they are 
broadcast for general reception. 
(3)The Secretary of State may, at any time during the period re ferred to in subsection (1) or (2), by order 
provide for that period to be extended by such further period a s is specified in the order; and any conditions 
included in a Channel 3 licence in pursuance of that subsection  shall accordingly, in any such case, have 
effect in relation to that period as so extended. (4)Any Channel 3 licence or licence to provide Channel 4 or 5 s hall include such conditions as appear to 
the Commission to be appropriate for requiring the signals carr ying the licensed service to attain high 
standards in terms of technical quality and reliability through out so much of the relevant area as is for the 
time being reasonably practicable. 
(5)Before imposing any conditions in pursuance of subsection (4 ) the Commission shall consult the 
Secretary of State as to how much of the relevant area is to be  specified in the conditions as the area 
throughout which the required standards are to be attained. 
(6)In subsections (4) and (5) “the relevant area”— 
(a)in relation to a Channel 3 or Channel 5 licence, means the a rea for which the licensed service is to be 
provided; and 
(b)in relation to the licence to provide Channel 4, means Engla nd, Scotland and Northern Ireland. 
(7)The Welsh Authority shall do all that they can to ensure tha t the signals carrying S4C attain high 
standards in terms of technical quality and reliability through out so much of Wales as is for the time being 
reasonably practicable. 
(8)Any order under this section shall be subject to annulment i n pursuance of a resolution of either House 
of Parliament. 
67Computation of qualifying revenue 
Part I of Schedule 7 (which contains provisions relating to the  computation of qualifying revenue for the 
purposes of this Part and Part II) shall have effect. 
68Certain receipts of Commission to be paid into Consolidated F und 
(1)Where, in respect of any licence granted under this Part or Part II, the Commission receive any of the 
amounts specified in subsection (2), that amount shall not form  part of the revenues of the Commission but 
shall— 
(a)if the licence is for the provision of a service for any are a in Great Britain, be paid into the Consolidated 
Fund of the United Kingdom; 
(b)if the licence is for the provision of a service for Norther n Ireland, be paid into the Consolidated Fund of 
Northern Ireland; or 
(c)if the licence is for the provision of a service for the who le or part of Great Britain and for the whole or 
part of Northern Ireland, be paid into both of those Funds in s uch proportions as the Commission consider 
appropriate. 
(2)The amounts referred to in subsection (1) are— 
(a)any amount payable to the Commission by virtue of section 19 (1), 52(1) or 77(1); 
(b)any amount payable to them by virtue of section 18(3); and (c)any amount payable to them by virtue of section 41(1)(a) or 55(1). 
(3)Any reference in subsection (2)(a), (b) or (c) to any provis ion of this Part includes a reference to that 
provision as applied by any other provision of this Part or Par t II. 
(4)Subsection (1) shall not be construed as applying to any amo unt which is required by the Commission 
for the making of an adjustment in respect of an overpayment ma de by any person. 
(5)Any amount payable by any person to the Commission under or by virtue of this Part or Part II shall be 
recoverable by them as a debt due to them from that person; and , where any amount is so payable by a 
person as the holder of a licence granted under this Part or Pa rt II, his liability to pay it shall not be affected 
by his licence ceasing (for any reason) to be in force. 
(6)The Commission shall, in respect of each financial year, pre pare an account showing— 
(a)all such amounts falling within subsection (1) as have been received by them, and 
(b)the sums paid into the Consolidated Funds of the United King dom and Northern Ireland respectively 
under that subsection in respect of those amounts, 
and shall send that account to the Comptroller and Auditor Gene ral not later than the end of the month of 
November following the financial year to which it relates; and the Comptroller and Auditor General shall 
examine, certify and report on the account and lay copies of it , together with his report, before each House 
of Parliament. 
69Frequency planning and research and development 
(1)The Commission may make arrangements for such work relating to frequency planning to be carried out 
as they consider appropriate in connection with the discharge o f their functions. 
(2)Any such work shall be directed towards securing that the fr equencies assigned to the Commission 
under this Act are used as efficiently as is reasonably practic able. 
(3)The Commission may— 
(a)make arrangements for such research and development work to be carried out as they consider 
appropriate in connection with the discharge of their functions ; 
(b)promote the carrying out by other persons of research and de velopment work relating to television 
broadcasting. 
(4)The Commission shall consult the persons holding licences un der this Part or Part II as to the 
arrangements to be made by the Commission in pursuance of subse ction (3)(a). 
(5)The Commission shall secure that, so far as is reasonably pr acticable— 
(a)any work carried out under arrangements made in pursuance of  subsection (1) or (3) is carried out, 
under the supervision of the Commission, by persons who are nei ther members nor employees of the 
Commission; and (b)any work carried out under arrangements made in pursuance of  subsection (3)(a) is to a substantial 
extent financed by persons other than the Commission. 
70Representation by Commission of G overnment and other interest s in connection with 
broadcasting matters 
The functions of the Commission shall include representing, at the request of the Secretary of State— 
(a)Her Majesty’s Government in the United Kingdom, and 
(b)persons providing television programme services, 
on bodies concerned with the regulation (whether nationally or internationally) of matters relating to television 
broadcasting. 
71Interpretation of Part I 
(1)In this Part (unless the context otherwise requires)— 
• “the 1981 Act” means t he [1981 c. 68.] Bro adcasting Act 1981; 
• “additional service” and “additi onal services licence” have the  meaning given by section 48(1) and section 49(10) 
respectively; 
• “the appropriate percentage”, in relation to any year, has the meaning given by section 19(10); 
• “cash bid”, in relation to a lic ence, has the meaning given by section 15(7); 
• “Channel 3” means the system of television broadcasting service s established by the Commission under section 
14, and “a Channel 3 licence” means  a licence to provide one of  the services comprised within that system; 
• “Channel 4” means the television broadcasting service referred to in section 24(1), and “on Channel 4” means in 
that service; 
• “Channel 5” means the television broadcasting service referred to in section 28(1), and “a Channel 5 licence” 
means a licence to provide that service; 
• “the Commission” means the Indepen dent Television Commission es tablished by section 1; 
• “the Corporation” means the Channe l Four Television Corporation  established by section 23; 
• “domestic satellite service” h as the meaning given by section 4 3(1); 
• “licence” means a licence under  this Part, and “licensed” shall  be construed accordingly; 
• “licensable programme service” has the meaning given by section  46(1); 
• “national Channel 3 service” has the meaning given by section 1 4(6), and “a national Channel 3 licence” means a 
licence to provide a national Channel 3 service; 
• “non-domestic satellite service” has the meaning given by secti on 43(2); 
• “regional Channel 3 service” has  the meaning given by section 1 4(6), and “a regional Cha nnel 3 licence” means a 
licence to provide a regional Channel 3 service; • “S4C” means the television broadc asting service referred to in section 57(1), and “on S4 C” means in that service; 
• “spare capacity” shall be constr ued in accordance with section 48(2); 
• “television broadcasting service ” has the meaning given by sect ion 2(5); 
• “television programme service” has the meaning given by section  2(4). 
(2)Where the person who is for the time being the holder of any  licence (“the present licence holder”) is not 
the person to whom the licence was originally granted, any refe rence in this Part (however expressed) to 
the holder of the licence shall be construed, in relation to an y time falling before the date when the present 
licence holder became the holder of it, as including a referenc e to a person who was previously the holder 
of the licence. 
PART IILOCAL DELIVERY SERVICES  
Preliminary  
72Local delivery services 
(1)In this Part “local delivery service” means a service provid ed by any person which— 
(a)consists in the use of a telecommunication system (whether r un by that or any other person) for the 
purpose of the delivery of one or more of the services specifie d in subsection (2) for simultaneous reception 
in two or more dwelling-houses in the United Kingdom; and 
(b)is of a class or description specified in an order made by t he Secretary of State. 
(2)The services referred to in subsection (1)(a) are— 
(a)any television broadcasting service (within the meaning of P art I of this Act) whether provided by the 
holder of a licence under that Part or by the BBC or the Welsh Authority; 
(b)any non-domestic satellite service (within the meaning of th at Part); 
(c)any licensable programme service (within the meaning of that  Part); 
(d)any sound broadcasting service to which section 84 applies o r which is provided by the BBC; and 
(e)any licensable sound programme service (as defined by sectio n 112(1)). 
(3)Without prejudice to the generality of subsection (1)(b) any  class or description of service specified in an 
order under that provision may be framed by reference to— 
(a)the nature of the telecommunication system by means of which  the service is provided, or 
(b)the nature of the programmes, or any of the programmes, deli vered by the service. 
(4)Any order under subsection (1)(b) shall be subject to annulm ent in pursuance of a resolution of either 
House of Parliament. 
(5)In this Part— 
• “the Commission” means the Indepen dent Television Commission; • “licence” means (unless the cont ext otherwise requires) a licen ce under this Part; 
• “local delivery licence” means a  licence to provide a local del ivery service. 
Licensing of local delivery services  
73Licensing of local delivery services 
(1)The Commission may grant such licences to provide local deli very services as they may determine. 
(2)Local delivery licences shall authorise the provision of loc al delivery services for such areas in the 
United Kingdom as the Commission may determine; and, where such  licences authorise the provision of 
such services to any extent by wireless telegraphy, they shall be so provided on frequencies assigned to 
those services by the Commission. 
(3)Subject to subsection (4), sections 3, 4 and 5 shall apply t o local delivery licences as they apply to 
licences granted by the Commission under Part I of this Act. 
(4)In the application of those sections to local delivery licen ces— 
(a)section 3(1) shall have effect as if the words “or Part II” were added at the end; 
(b)any reference in any other provision of those sections to Pa rt I of this Act shall be construed as including 
a reference to this Part of this Act; and 
(c)section 3(5) shall have effect as if the first reference to section 19(1) included a reference to section 
77(1). 
(5)A local delivery licence may include provisions enabling the  licence holder, subject to and in accordance 
with such conditions as the Commission may impose, to authorise  any person to whom this subsection 
applies to undertake to any extent the provision of the license d service on behalf of the licence holder. 
(6)Subsection (5) applies to any person who is not a disqualifi ed person in relation to a local delivery 
licence by virtue of Part II of Schedule 2 to this Act. 
(7)Any conditions included in a local delivery licence shall ap ply in relation to the provision of the licensed 
service to any extent by a person authorised as mentioned in su bsection (5) as they apply in relation to the 
provision of the service by the licence holder; and any failure  by such a person to comply with any such 
conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to 
comply with those conditions. 
74Applications for local delivery licences 
(1)Where the Commission propose to grant a licence to provide a  local delivery service they shall publish, 
in such manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying— 
(i)the area in the United Kingdom for which the service is to b e provided, and (ii)any frequencies that would be available for it to be provid ed by wireless telegraphy should it be desired 
so to provide it; 
(c)inviting applications for the licence and specifying the clo sing date for such applications; and 
(d)specifying— 
(i)the fee payable on any application made in pursuance of the notice, and 
(ii)the percentage of qualifying revenue for each accounting pe riod that would be payable by an applicant in 
pursuance of section 77(1)(c) if he were granted the licence. 
(2)The Commission may, if they think fit, specify under subsect ion (1)(d)(ii)— 
(a)different percentages in relation to different accounting pe riods falling within the period for which the 
licence would be in force; 
(b)a nil percentage in relation to any accounting period so fal ling. 
(3)Any application made in pursuance of a notice under this sec tion must be in writing and accompanied 
by— 
(a)the fee specified in the notice under subsection (1)(d)(i); 
(b)a technical plan relating to the service which the applicant  proposes to provide and indicating— 
(i)the parts of the area specified under subsection (1)(b)(i) w hich would be covered by that service, 
(ii)the timetable in accordance with which that coverage would be achieved, 
(iii)the technical means by which it would be achieved, and 
(iv)the extent (if any) to which he proposes that the provision  of the service should be undertaken by some 
other person in accordance with section 73(5); 
(c)the applicant’s cash bid in respect of the licence; 
(d)such information as the Commission may reasonably require as  to the applicant’s present financial 
position and his projected financial position during the period  for which the licence would be in force; and 
(e)such other information as the Commission may reasonably requ ire for the purpose of considering the 
application. 
(4)At any time after receiving such an application and before d etermining it the Commission may require 
the applicant to furnish additional information under subsectio n (3)(b), (d) or (e). 
(5)Any information to be furnished to the Commission under this  section shall, if they so require, be in such 
form or verified in such manner as they may specify. 
(6)The Commission shall, as soon as reasonably practicable afte r the date specified in a notice under this 
section as the closing date for applications, publish in such m anner as they consider appropriate— (a)the name of every person who has made an application to them  in pursuance of the notice; 
(b)particulars of the technical plan submitted by him under sub section (3)(b); and 
(c)such other information connected with his application as the  Commission consider appropriate. 
(7)In this Part— 
(a)“cash bid”, in relation to a local delivery licence, means a n offer to pay to the Commission a specified 
amount of money in respect of the first complete calendar year falling within the period for which the licence 
is in force (being an amount which, as increased by the appropr iate percentage, is also to be payable in 
respect of subsequent years falling wholly or partly within tha t period); and 
(b)“the appropriate percentage”, in relation to any year, has t he meaning given by section 19(10). 
75Procedure to be followed by Co mmission in connection with con sideration of applications for 
licences 
(1)Where a person has made an application for a local delivery licence in accordance with section 74, the 
Commission shall not proceed to consider whether to award him t he licence on the basis of his cash bid in 
accordance with section 76 unless it appears to them— 
(a)that any telecommunication system proposed to be used by the  applicant in the provision of his 
proposed service would be acceptable to the relevant licensing authorities and would be capable of being 
established in accordance with the timetable indicated by him i n the technical plan submitted under section 
74(3)(b); and 
(b)that he would be able to maintain that service throughout th e period for which the licence would be in 
force; 
and any reference to an applicant in section 76 (except in subs ection (12)(b)) is accordingly a reference to 
an applicant in whose case it appears to the Commission that th e requirements of paragraphs (a) and (b) 
above are satisfied. 
(2)Before forming any view as to whether the requirements of su bsection (1)(a) are satisfied in the case of 
an applicant the Commission shall consult the relevant licensin g authorities; and in that provision and this 
subsection “the relevant licensing authorities” means— 
(a)where any telecommunication system proposed to be used as me ntioned in that provision would be 
required to be licensed under the [1949 c. 54.] Wireless Telegr aphy Act 1949, the Secretary of State; and 
(b)where any telecommunication system proposed to be so used wo uld be required to be licensed under 
Part II of the [1984 c. 12.] Telecommunications Act 1984, the S ecretary of State and the Director General of 
Telecommunications. 
76Award of licence to person submitting highest cash bid (1)Subject to the following provisions of this section, the Com mission shall, after considering all the cash 
bids submitted by the applicants for a local delivery licence, award the licence to the applicant who 
submitted the highest bid. 
(2)Where two or more applicants for a particular licence have s ubmitted cash bids specifying an identical 
amount which is higher than the amount of any other cash bid su bmitted in respect of the licence, then 
(unless they propose to exercise their power under subsection ( 3) in relation to the licence) the 
Commission shall invite those applicants to submit further cash  bids in respect of that licence; and, in 
relation to any person who has submitted a further cash bid in pursuance of this subsection, any reference 
in this Part to his cash bid is a reference to that further bid . 
(3)The Commission may disregard the requirement imposed by subs ection (1) and award the licence to an 
applicant who has not submitted the highest bid if it appears t o them that there are exceptional 
circumstances which make it appropriate for them to award the l icence to that applicant. 
(4)Without prejudice to the generality of subsection (3), the C ommission may regard the following 
circumstances as exceptional circumstances which make it approp riate to award the licence to an applicant 
who has not submitted the highest bid, namely where it appears to them that the coverage proposed to be 
achieved by such an applicant, as indicated in the technical pl an submitted by him under section 74(3)(b), 
is substantially greater than that proposed to be achieved— 
(a)by the applicant who submitted the highest bid, or 
(b)in a case falling within subsection (2), by each of the appl icants who have submitted equal highest bids, 
as indicated in the technical plan submitted by him under that provision; and where it appears to the 
Commission, in the context of the licence, that any circumstanc es are to be regarded as exceptional 
circumstances for the purposes of subsection (3), those circums tances may be so regarded by them despite 
the fact that similar circumstances have been so regarded by th em in the context of any other licence or 
licences. 
(5)If it appears to the Commission, in the case of the applican t to whom (apart from this subsection) they 
would award the licence in accordance with the preceding provis ions of this section, that there are grounds 
for suspecting that any relevant source of funds is such that i t would not be in the public interest for the 
licence to be awarded to him— 
(a)they shall refer his application to the Secretary of State, together with— 
(i)a copy of all documents submitted to them by the applicant, and 
(ii)a summary of their deliberations on the application; and 
(b)they shall not award the licence to him unless the Secretary  of State has given his approval. (6)On such a reference the Secretary of State may only refuse t o give his approval to the licence being 
awarded to the applicant in question if he is satisfied that an y relevant source of funds is such that it would 
not be in the public interest for the licence to be so awarded.  
(7)In subsections (5) and (6) “relevant source of funds”, in re lation to an applicant, means any source of 
funds to which he might (directly or indirectly) have recourse for the purpose of— 
(a)paying any amounts payable by him by virtue of section 77(1) , or 
(b)otherwise financing the provision of his proposed service. 
(8)In a case where any requirement such as is mentioned in sect ion 5(1)(b) (as it applies by virtue of 
section 73(3)) operates to preclude the Commission from awardin g a licence to the applicant to whom 
(apart from any such requirement) they would have awarded it in  accordance with the preceding provisions 
of this section, they shall award the licence in accordance wit h rules made by them for regulating the 
awarding of licences in such cases; and any such rules may prov ide for the awarding of licences by 
reference to orders of preference notified to the Commission by  applicants at the time of making their 
applications. 
(9)Any such rules shall be published by the Commission in such manner as they consider appropriate, but 
shall not come into force unless they have been approved by the  Secretary of State. 
(10)Where the Commission are, by virtue of subsection (5), prec luded from awarding the licence to an 
applicant, the preceding provisions of this section shall (subj ect to subsection (16)) have effect as if that 
person had not made an application for the licence. 
(11)Where the Commission have awarded a local delivery licence to any person in accordance with this 
section, they shall, as soon as reasonably practicable after aw arding the licence— 
(a)publish the matters specified in subsection (12) in such man ner as they consider appropriate; and 
(b)grant the licence to that person. 
(12)The matters referred to in subsection (11)(a) are— 
(a)the name of the applicant to whom the licence has been award ed and the amount of his cash bid; 
(b)the name of every other applicant in whose case it appeared to the Commission that the requirements of 
section 75(1)(a) were satisfied; 
(c)where the licence has, by virtue of subsection (3) above, be en awarded to an applicant who has not 
submitted the highest cash bid, the Commission’s reasons for th e licence having been so awarded; and 
(d)such other information as the Commission consider appropriat e. 
(13)If at any time after a local delivery licence has been gran ted to any person but before the licence has 
come into force— 
(a)that person indicates to the Commission that he does not int end to provide the service in question, or (b)the Commission for any other reason have reasonable grounds for believing that that person will not 
provide that service once the licence has come into force, 
then, subject to subsections (14) and (16)— 
(i)the Commission shall serve on him a notice revoking the lice nce as from the time the notice is served on 
him, and 
(ii)this section shall have effect as if he had not made an app lication for the licence. 
(14)Subsection (13) shall not apply in the case of any person b y virtue of paragraph (b) of that subsection 
unless the Commission have served on him a notice stating their  grounds for believing that he will not 
provide the service in question once his licence has come into force; and they shall not serve such a notice 
on him unless they have given him a reasonable opportunity of m aking representations to them about the 
matters complained of. 
(15)In a case where a local delivery licence has been awarded t o any person by virtue of the operation of 
this section, in accordance with any provision of this Part, on  the revocation of an earlier grant of the 
licence, subsection (12) shall have effect as if— 
(a)paragraph (b) were omitted; and 
(b)the matters specified in that subsection included an indicat ion of the circumstances in which the licence 
has been awarded to that person. 
(16)Subsections (1) to (9) shall not have effect as mentioned i n subsection (10) if the Commission decide 
that it would be desirable to publish a fresh notice under sect ion 74 in respect of the grant of the licence; 
and similarly this section shall not have effect as mentioned i n subsection (13) if the Commission decide 
that it would be desirable to publish such a notice in respect of the grant of a further licence to provide the 
local delivery service in question. 
77Additional payments to be made in respect of local delivery l icences 
(1)A local delivery licence shall include conditions requiring the licence holder to pay to the Commission (in 
addition to any fees required to be so paid by virtue of sectio n 4(1)(b), as applied by section 73(3))— 
(a)in respect of the first complete calendar year falling withi n the period for which the licence is in force, the 
amount specified in his cash bid; 
(b)in respect of each subsequent year falling wholly or partly within that period, the amount so specified as 
increased by the appropriate percentage; and 
(c)in respect of each accounting period of his falling within t he period referred to in paragraph (a), an 
amount representing such percentage of the qualifying revenue f or that accounting period as was specified 
in relation to the licence under section 74(1)(d)(ii). 
(2)For the purposes of subsection (1)(c) the qualifying revenue  for any accounting period of the licence 
holder shall consist of all payments which are received or to b e received by him, or by any person connected with him, and are derived from the delivery in that p eriod, in accordance with his licence, of 
services falling within section 72(2) (whether their delivery i s undertaken by him or by any person 
authorised by him as mentioned in section 73(5)). 
(3)A local delivery licence may include conditions— 
(a)enabling the Commission to estimate before the beginning of an accounting period the amount due for 
that period by virtue of subsection (1)(c); and 
(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period. 
(4)Such a licence may in particular include conditions— 
(a)authorising the Commission to revise any estimate on one or more occasions, and to adjust the 
instalments payable by the licence holder to take account of th e revised estimate; 
(b)providing for the adjustment of any overpayment or underpaym ent. 
(5)Where— 
(a)the first complete accounting period of the licence holder f alling within the period referred to in 
subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or 
(b)the last complete accounting period of his falling within th e licence period does not end at the same time 
as that period, 
any reference in subsection (1)(c) to an accounting period of h is shall include a reference to such part of the 
accounting period preceding that first complete accounting peri od, or (as the case may be) following that last 
complete accounting period, as falls within the licence period;  and other references to accounting periods in 
this Part shall be construed accordingly. 
(6)Part I of Schedule 7 has effect for the purposes of this sec tion. 
78Duration and renewal of local delivery licences 
(1)A local delivery licence shall, subject to the provisions of  this Part, continue in force for a period of fifteen 
years, and may (subject to the following provisions of this sec tion) be renewed on one or more occasions 
for a period of fifteen years beginning with the date of renewa l. 
(2)An application for the renewal of a local delivery licence u nder subsection (1) may be made by the 
licence holder not earlier than five years before the date on w hich it would otherwise cease to be in force 
and not later than the relevant date. 
(3)Where any such application is made before the relevant date,  the Commission may postpone the 
consideration of it by them for as long as they think appropria te having regard to subsection (8). 
(4)Where an application for the renewal of a local delivery lic ence has been duly made to the Commission, 
they may only (subject to subsection (5)) refuse the applicatio n if— (a)they propose to grant a fresh local delivery licence for the  provision of a service which would be provided 
for a different area from that for which the applicant’s servic e is provided under his licence; or 
(b)in the case of an applicant who has not achieved the coverag e set out in the technical plan submitted 
under section 74(3)(b), either— 
(i)they are not satisfied that he would, if his licence were re newed, be able to achieve that coverage in 
accordance with the timetable indicated in the plan, or 
(ii)the period within which it was to be achieved has expired. 
(5)Section 76(5) to (7) shall apply in relation to an applicant  for the renewal of a local delivery licence as 
those provisions apply in relation to such an applicant as is m entioned in section 76(5), but as if any 
reference to the awarding of such a licence to the applicant we re a reference to the renewal of the 
applicant’s licence under this section. 
(6)On the grant of any such application the Commission— 
(a)shall determine an amount which is to be payable to the Comm ission by the applicant in respect of the 
first complete calendar year falling within the period for whic h the licence is to be renewed; and 
(b)may specify a different percentage from that specified under  section 74(1)(d)(ii) as the percentage of 
qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of 
section 77(1)(c) during the period for which the licence is to be renewed; 
and the Commission may specify under paragraph (b) either of th e things mentioned in section 74(2). 
(7)The amount determined by the Commission under subsection (6) (a) in connection with the renewal of a 
licence shall be such amount as would, in their opinion, be pay able to them by virtue of section 77(1)(a) if 
they were granting a fresh licence to provide the local deliver y service in question. 
(8)Where the Commission have granted a person’s application und er this section they shall formally renew 
his licence not later than the relevant date or, if that is not  reasonably practicable, as soon after that date as 
is reasonably practicable; and they shall not so renew his lice nce unless they have notified him of— 
(a)the amount determined by them under subsection (6)(a), and 
(b)any percentage specified by them under subsection (6)(b), 
and he has, within such period as is specified in that notifica tion, notified them that he consents to the licence 
being renewed on those terms. 
(9)Where a local delivery licence is renewed under this section — 
(a)any conditions included in it in pursuance of section 77 sha ll have effect during the period for which the 
licence has been renewed— 
(i)as if the amount determined by the Commission under subsecti on (6)(a) above were an amount specified 
in a cash bid submitted by the licence holder, and (ii)subject to any determination made under subsection (6)(b) a bove; and 
(b)(subject to paragraph (a)) that section shall have effect in  relation to the period for which the licence has 
been renewed as it has effect in relation to the period for whi ch a local delivery licence is originally in force. 
(10)In this section “the relevant date”, in relation to a local  delivery licence, means the date which the 
Commission determine to be that by which they would need to pub lish a notice under section 74 if they 
were to grant, as from the date on which that licence would exp ire if not renewed, a fresh licence to provide 
the local delivery service formerly provided under that licence . 
Regulation of delivery of certain programmes  
79Regulation of delivery of programmes provided by licence hold er and foreign satellite 
programmes 
(1)Without prejudice to the generality of section 3(2) or (as t he case may be) section 86(2), a licence to 
provide such a service as is mentioned in section 72(2)(c) or ( e) may, where it is granted to the holder of a 
local delivery licence, authorise the provision by that person of programmes for delivery on all or any of the 
channels on which his local delivery service is provided. 
(2)Where any licensed local delivery service consists in or inc ludes relaying (complete and unchanged) any 
foreign satellite programmes, the following provisions, namely—  
(a)section 6(1) so far as relating to the requirements specifie d in paragraphs (a), (d) and (e) of that 
provision, and 
(b)section 7, 
shall have effect as if the delivery of those programmes consti tuted the provision of a service licensed under 
Part I of this Act. 
(3)Accordingly, any reference in those provisions to programmes  included in a licensed service shall, 
where those provisions have effect as mentioned in subsection ( 2) above, be construed as a reference to 
any such programmes as are mentioned in that subsection. 
(4)The holder of a local delivery licence shall be taken to be authorised by his licence to include in the 
licensed service advertisements which are inserted by him and a re not included in any service falling within 
section 72(2); but, if any such advertisements are so included by him, sections 8 and 9 shall have effect as 
if the delivery of those advertisements constituted the provisi on of a service licensed under Part I of this Act 
and he were the holder of a licence in force under that Part. 
(5)In subsection (2) “foreign satellite programme” means a prog ramme transmitted by satellite from a place 
outside the United Kingdom, other than a programme so transmitt ed from within any country specified in an 
order made by the Secretary of State for the purposes of this s ubsection. 
80Directions requiring licence holder to cease relaying foreign  television programmes (1)If the Commission are satisfied that it is appropriate to do  so in pursuance of any international 
agreement to which the United Kingdom is for the time being a p arty, they may give to the holder of a local 
delivery licence a direction requiring him not to relay televis ion programmes which— 
(a)are transmitted from a place outside the United Kingdom, and  
(b)are included in any service specified or described in the di rection. 
(2)Any direction under this section may describe a service for the purposes of subsection (1)(b) by 
reference to such matters as the Commission think fit. 
(3)Any such direction shall, according to its terms, have effec t either during a specified period or for an 
indefinite period. 
Enforcement of licences  
81Enforcement of local delivery licences 
(1)Subject to subsections (2) and (4), sections 41 and 42 shall  apply in relation to a local delivery licence as 
they apply in relation to a licence to provide a Channel 3 serv ice. 
(2)In its application in relation to a local delivery licence— 
(a)section 41 shall have effect— 
(i)with the substitution in subsection (2) of “section 77(2)” f or “section 19(2) to (6)”, and 
(ii)with the omission of subsection (5); and 
(b)section 42 shall have effect with the omission of subsection  (7); 
and the reference to Part I of this Act in subsection (1) of ea ch of those sections shall be construed as 
including a reference to this Part of this Act. 
(3)A local delivery licence shall include a condition requiring  the licensed service to be established by the 
licence holder in accordance with the timetable indicated in th e technical plan submitted under section 
74(3)(b). 
(4)The Commission shall not revoke any local delivery licence u nder section 42 (as applied by subsection 
(1) above) by reason of the failure of the licence holder to co mply with any such condition as is mentioned 
in subsection (3) above unless they are satisfied, after consul ting the Secretary of State and the Director 
General of Telecommunications, that it would have been reasonab ly practicable for the licence holder to 
comply with it. 
Prohibition on providing unlicensed local delivery services  
82Prohibition on providing local delivery services without a li cence 
(1)Any person who provides any local delivery service without b eing authorised to do so by or under a 
licence under this Part shall be guilty of an offence. (2)A person guilty of an offence under this section shall be li able— 
(a)on summary conviction, to a fine not exceeding the statutory  maximum; 
(b)on conviction on indictment, to a fine. 
(3)No proceedings in respect of an offence under this section s hall be instituted— 
(a)in England and Wales, except by or with the consent of the D irector of Public Prosecutions; 
(b)in Northern Ireland, except by or with the consent of the Di rector of Public Prosecutions for Northern 
Ireland. 
(4)Without prejudice to subsection (2) above, compliance with t his section shall be enforceable by civil 
proceedings by the Crown for an injunction or interdict or for any other appropriate relief. 
PART IIIINDEPENDENT RADIO SERVICES  
CHAPTER IREGULATION BY AUTHORITY OF INDEPENDENT RADIO SERVICES GENERALLY  
Establishment of Radio Authority  
83The Radio Authority 
(1)There shall be an authority to be called the Radio Authority  (in this Part referred to as “the Authority”). 
(2)The Authority shall consist of— 
(a)a chairman and a deputy chairman appointed by the Secretary of State; and 
(b)such number of other members appointed by the Secretary of S tate, not being less than four nor more 
than ten, as he may from time to time determine. 
(3)Schedule 8 to this Act shall have effect with respect to the  Authority. 
Function of Authority  
84Regulation by Authority of independent radio services 
(1)It shall be the function of the Authority to regulate, in ac cordance with this Part, the provision of the 
following services, namely— 
(a)sound broadcasting services to which this section applies an d which are provided from places in the 
United Kingdom; 
(b)licensable sound programme services (as defined by section 1 12(1)) which are provided from places in 
the United Kingdom by persons other than the BBC; and 
(c)additional services (as defined by section 114(1)) which are  provided from places in the United Kingdom; 
and in this Part “independent radio service” means a service fa lling within paragraph (a), (b) or (c) above. 
(2)This section applies to— (a)any sound broadcasting service which is provided, on a frequ ency or frequencies assigned to the 
Authority under subsection (4)— 
(i)for any such minimum area of the United Kingdom as the Autho rity may determine in accordance with 
section 98(2) (a “national service”), or 
(ii)for a particular area or locality in the United Kingdom (a “local service”), or 
(iii)for a particular establishment or other defined location, or a particular event, in the United Kingdom (a 
“restricted service”); and 
(b)any sound broadcasting service (other than one provided by t he BBC) which consists— 
(i)in the transmission of sound programmes by satellite from a place in the United Kingdom for general 
reception there, or 
(ii)in the transmission of such programmes by satellite from a place outside the United Kingdom for general 
reception there, if and to the extent that the programmes inclu ded in the service consist of material 
provided by a person in the United Kingdom who is in a position  to determine what is to be included in the 
service (so far as it consists of programme material provided b y him), 
and any such service is referred to in this Part as a “satellit e service”. 
(3)For the purposes of this Part satellite services shall be re garded as provided by the following persons— 
(a)a service falling within subsection (2)(b)(i)— 
(i)shall, if and to the extent that the programmes included in it consist of material provided by a person in 
the United Kingdom who is in a position to determine what is to  be included in the service (so far as it 
consists of programme material provided by him), be regarded as  provided by that person (whether the 
programmes are transmitted by him or not), but 
(ii)shall otherwise be regarded as provided by the person by wh om the programmes are transmitted; and 
(b)a service falling within subsection (2)(b)(ii) shall be rega rded as provided by the person by whom the 
programme material in question is provided as mentioned in that  provision. 
(4)For the purposes of this Part the Secretary of State may by notice assign to the Authority such 
frequencies as he may determine; and any frequency so assigned shall be taken to be so assigned for the 
purpose only of being used for the provision of one or more ind ependent radio services. 
(5)Any frequency assigned by the Secretary of State under subse ction (4) may be so assigned for use only 
in such area or areas as may be specified by the Secretary of S tate when making the assignment. 
(6)The Secretary of State may by notice revoke the assignment u nder subsection (4) of any frequency 
specified in the notice, and may do so whether or not that freq uency is for the time being one on which an 
independent radio service is being provided. 
85Licensing functions of Authority (1)Subject to subsection (2), the Authority may, in accordance with the following provisions of this Part, 
grant such licences to provide independent radio services as th ey may determine. 
(2)The Authority shall do all that they can to secure the provi sion within the United Kingdom of— 
(a)a diversity of national services each catering for tastes an d interests different from those catered for by 
the others and of which— 
(i)one is a service the greater part of which consists in the b roadcasting of spoken material, and 
(ii)another is a service which consists, wholly or mainly, in t he broadcasting of music which, in the opinion 
of the Authority, is not pop music; and 
(b)a range and diversity of local services. 
(3)It shall be the duty of the Authority to discharge their fun ctions as respects the licensing of independent 
radio services in the manner which they consider is best calcul ated— 
(a)to facilitate the provision of licensed services which (take n as a whole) are of high quality and offer a 
wide range of programmes calculated to appeal to a variety of t astes and interests; and 
(b)to ensure fair and effective competition in the provision of  such services and services connected with 
them. 
(4)Subsection (3)(b) shall not be construed as affecting the di scharge by the Director General of Fair 
Trading, the Secretary of State or the Monopolies and Mergers C ommission of any of his or their functions 
in connection with competition. 
(5)The Secretary of State may by order make such amendments of subsection (2)(a) as he considers 
appropriate— 
(a)for including in that provision a requirement that one of th e national services there referred to should be 
a service of a particular description, or 
(b)for removing such a requirement from that provision; 
and (without prejudice to the generality of section 200(2)(b)) any such order may make such consequential 
amendments of section 98(1)(b)(iii) as the Secretary of State c onsiders appropriate. 
(6)In subsection (2)(a)(ii) “pop music” includes rock music and  other kinds of modern popular music which 
are characterised by a strong rhythmic element and a reliance o n electronic amplification for their 
performance (whether or not, in the case of any particular piec e of rock or other such music, the music in 
question enjoys a current popularity as measured by the number of recordings sold). 
(7)An order shall not be made under subsection (5) unless a dra ft of it has been laid before and approved 
by a resolution of each House of Parliament. 
General provisions about licences  
86Licences under Part III (1)A licence shall be in writing and (subject to the provisions  of this Part) shall continue in force for such 
period as may be specified in the licence. 
(2)A licence may be granted by the Authority for the provision of such a service as is specified in the 
licence or for the provision of a service of such a description  as is so specified; and (without prejudice to 
the generality of the preceding provision) a licence may be so granted for the provision of a service which 
to any extent consists in the simultaneous broadcasting of diff erent programmes on different frequencies. 
(3)The following licences, namely— 
(a)any licence to provide a national, local or satellite servic e, 
(b)any licence to provide a licensable sound programme service,  and 
(c)any licence to provide additional services, 
shall not continue in force for a period of more than eight yea rs. 
(4)The Authority— 
(a)shall not grant a licence to any person unless they are sati sfied that he is a fit and proper person to hold 
it; and 
(b)shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding 
a licence, that person does not remain the holder of the licenc e; 
and nothing in this Part shall be construed as affecting the op eration of this subsection or of section 88(1) or 
(2)(b) or (c) or 89(1). 
(5)The Authority may vary a licence by a notice served on the l icence holder if— 
(a)in the case of a variation of the period for which the licen ce is to continue in force, the licence holder 
consents; or 
(b)in the case of any other variation, the licence holder has b een given a reasonable opportunity of making 
representations to the Authority about the variation. 
(6)Paragraph (a) of subsection (5) does not affect the operatio n of section 110(1)(b); and that subsection 
shall not authorise the variation of any conditions included in  a licence in pursuance of section 102(1) or 
section 118(1). 
(7)A licence granted to any person under this Part shall not be  transferable to any other person without the 
previous consent in writing of the Authority. 
(8)Without prejudice to the generality of subsection (7), the A uthority shall not give their consent for the 
purposes of that subsection unless they are satisfied that any such other person would be in a position to 
comply with all of the conditions included in the licence which  would have effect during the period for which 
it is to be in force. (9)The holding by any person of a licence to provide any servic e shall not relieve him of any requirement to 
hold a licence under section 1 of the [1949 c. 54.] Wireless Te legraphy Act 1949 or section 7 of the [1984 c. 
12.] Telecommunications Act 1984 in connection with the provisi on of that service. 
87General licence conditions 
(1)A licence may include— 
(a)such conditions as appear to the Authority to be appropriate  having regard to any duties which are or 
may be imposed on them, or on the licence holder, by or under t his Act; 
(b)conditions enabling the Authority to supervise and enforce t echnical standards in connection with the 
provision of the licensed service; 
(c)conditions requiring the payment by the licence holder to th e Authority (whether on the grant of the 
licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees 
of an amount or amounts so determined; 
(d)conditions requiring the licence holder to furnish the Autho rity, in such manner and at such times as they 
may reasonably require, with such information as they may requi re for the purpose of exercising the 
functions assigned to them by or under this Act; 
(e)conditions requiring the licence holder, if found by the Aut hority to be in breach of any condition of his 
licence, to reimburse to the Authority, in such circumstances a s are specified in any conditions, any costs 
reasonably incurred by them in connection with the breach of th at condition; 
(f)conditions providing for such incidental and supplemental ma tters as appear to the Authority to be 
appropriate. 
(2)A licence may in particular include— 
(a)conditions requiring the licence holder— 
(i)to comply with any direction given by the Authority as to su ch matters as are specified in the licence or 
are of a description so specified, or 
(ii)(except to the extent that the Authority consent to his doi ng or not doing them) not to do or to do such 
things as are specified in the licence or are of a description so specified; and 
(b)conditions requiring the licence holder to permit— 
(i)any employee of, or person authorised by, the Authority, or 
(ii)any officer of, or person authorised by, the Secretary of S tate, 
to enter any premises which are used in connection with the bro adcasting of the licensed service and to 
inspect, examine, operate or test any equipment on the premises  which is used in that connection. 
(3)The fees required to be paid to the Authority by virtue of s ubsection (1)(c) shall be in accordance with 
such tariff as may from time to time be fixed by the Authority;  and the amount of any fee which is to be so paid by the holder of a licence of a particular class or descri ption shall be such as to represent what 
appears to the Authority to be the appropriate contribution of the holder of such a licence towards meeting 
the sums which the Authority regard as necessary in order to di scharge their duty under paragraph 12(1) of 
Schedule 8. 
(4)A tariff fixed under subsection (3) may specify different fe es in relation to different cases or 
circumstances; and the Authority shall publish every such tarif f in such manner as they consider 
appropriate. 
(5)Where the holder of any licence— 
(a)is required by virtue of any condition imposed under this Pa rt to provide the Authority with any 
information, and 
(b)in purported compliance with that condition provides them wi th any information which is false in a 
material particular, 
he shall be taken for the purposes of sections 110 and 111 to h ave failed to comply with that condition. 
(6)Nothing in this Act which authorises or requires the inclusi on in a licence of conditions relating to any 
particular matter or having effect for any particular purpose s hall be taken as derogating from the generality 
of subsection (1). 
88Restrictions on the holding of licences 
(1)The Authority shall do all that they can to secure— 
(a)that a person does not become or remain the holder of a lice nce if he is a person who is a disqualified 
person in relation to that licence by virtue of Part II of Sche dule 2 to this Act; and 
(b)that any requirements imposed by or under Parts III to V of that Schedule are complied with by or in 
relation to persons holding licences in relation to which those  requirements apply. 
(2)The Authority may accordingly— 
(a)require any applicant for a licence to provide them with suc h information as they may reasonably require 
for the purpose of determining— 
(i)whether he is such a disqualified person as is mentioned in subsection (1)(a), 
(ii)whether any such requirements as are mentioned in subsectio n (1)(b) would preclude them from 
granting a licence to him, and 
(iii)if so, what steps would be required to be taken by or in r elation to him in order for any such 
requirements to be complied with; 
(b)revoke the award of a licence to a body where a relevant cha nge takes place after the award, but before 
the grant, of the licence; (c)make the grant of a licence to any person conditional on the  taking of any specified steps that appear to 
them to be required to be taken as mentioned in paragraph (a)(i ii); 
(d)impose conditions in any licence enabling them to require th e licence holder, if a body corporate, to give 
to them advance notice of proposals affecting— 
(i)shareholdings in the body, or 
(ii)the directors of the body, 
where such proposals are known to the body; 
(e)impose conditions in any licence enabling them to give the l icence holder directions requiring him to 
take, or arrange for the taking of, any specified steps appeari ng to them to be required to be taken in order 
for any such requirements as are mentioned in subsection (1)(b)  to be complied with. 
(3)Where the Authority— 
(a)revoke the award of any licence in pursuance of subsection ( 2)(b), or 
(b)determine that any condition imposed by them in relation to any licence in pursuance of subsection 
(2)(c) has not been satisfied, 
any provisions of this Part relating to the awarding of licence s of the kind in question shall (subject to 
subsection (4)) have effect as if the person to whom the licenc e was awarded or granted had not made an 
application for it. 
(4)Those provisions shall not so have effect if the Authority d ecide that it would be desirable to publish a 
fresh notice under this Part in respect of the grant of a licen ce, or (as the case may be) a further licence, to 
provide the service in question. 
(5)Every licence shall include such conditions as the Authority  consider necessary or expedient to ensure 
that where— 
(a)the holder of the licence is a body, and 
(b)a relevant change takes place after the grant of the licence , 
the Authority may revoke the licence by notice served on the ho lder of the licence and taking effect forthwith 
or on a date specified in the notice. 
(6)The Authority shall not serve any such notice on the licence  holder unless they have given him a 
reasonable opportunity of making representations to them about the matters complained of. 
(7)In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, 
means— 
(a)any change affecting the nature or characteristics of the bo dy, or 
(b)any change in the persons having control over or interests i n the body, being (in either case) a change which is such that, if it fell to the Authority to determine whether to award the 
licence to the body in the new circumstances of the case, they would be induced by the change to refrain 
from so awarding it. 
89Disqualification for holding licence on grounds of conviction  for transmitting offence 
(1)Subject to subsection (2), a person shall be disqualified fo r holding a licence under this Part if within the 
last five years he has been convicted of— 
(a)an offence under section 1 of the [1949 c. 54.] Wireless Tel egraphy Act 1949 (licensing of wireless 
telegraphy) which involved the making of any transmission by wi reless telegraphy otherwise than under 
and in accordance with a licence under that section; 
(b)an offence under the [1967 c. 41.] Marine, &c., Broadcasting  (Offences) Act 1967; or 
(c)an offence under section 97 below. 
(2)Subsection (1)(a) and (b) do not apply to any offence commit ted before 1st January 1989. 
(3)Every licence granted under this Part shall include conditio ns requiring the holder of the licence to do all 
that he can to ensure that no person who is disqualified for ho lding a licence by virtue of subsection (1) is 
concerned in the operation of any station for wireless telegrap hy used in the provision of the licensed 
service. 
General provisions about licensed services  
90General requirements as to licensed services 
(1)The Authority shall do all that they can to secure that ever y licensed service complies with the following 
requirements, namely— 
(a)that nothing is included in its programmes which offends aga inst good taste or decency or is likely to 
encourage or incite to crime or to lead to disorder or to be of fensive to public feeling; 
(b)that any news given (in whatever form) in its programmes is presented with due accuracy and 
impartiality; and 
(c)that its programmes do not include any technique which explo its the possibility of conveying a message 
to, or otherwise influencing the minds of, persons listening to  the programmes without their being aware, or 
fully aware, of what has occurred. 
(2)The Authority shall, in the case of every licensed service w hich is a national, local, satellite or licensable 
sound programme service, do all that they can to secure that th e service complies with the following 
additional requirements, namely— 
(a)the appropriate requirement specified in subsection (3); 
(b)that (without prejudice to the generality of subsection (1)( b) or (3)(a)) there are excluded from its 
programmes all expressions of the views and opinions of the per son providing the service on matters (other than sound broadcasting) which are of political or industrial c ontroversy or relate to current public policy; 
and 
(c)that due responsibility is exercised with respect to the con tent of any of its programmes which are 
religious programmes, and that in particular any such programme s do not involve— 
(i)any improper exploitation of any susceptibilities of those l istening to the programmes, or 
(ii)any abusive treatment of the religious views and beliefs of  those belonging to a particular religion or 
religious denomination. 
(3)The appropriate requirement referred to in subsection (2)(a)  is— 
(a)where the licensed service is a national service, that due i mpartiality is preserved on the part of the 
person providing the service as respects matters of political o r industrial controversy or relating to current 
public policy; 
(b)where the licensed service is a local, satellite or licensab le sound programme service, that undue 
prominence is not given in its programmes to the views and opin ions of particular persons or bodies on 
such matters. 
(4)In applying subsection (3)(a) to a national service a series  of programmes may be considered as a 
whole; and in applying subsection (3)(b) to a local, satellite or licensable sound programme service the 
programmes included in that service shall be taken as a whole. 
(5)The Authority shall— 
(a)draw up, and from time to time review, a code giving guidanc e— 
(i)as to the rules to be observed in determining what constitut es a series of programmes for the purposes of 
subsection (4), 
(ii)as to the rules to be observed in other respects in connect ion with the application of subsection (3)(a) in 
relation to a national service, and 
(iii)as to the rules to be observed in connection with the appl ication of subsection (3)(b) in relation to a 
local, satellite or licensable sound programme service; and 
(b)do all that they can to secure that the provisions of the co de are observed in the provision of licensed 
services; 
and the Authority may make different provision in the code for different cases or circumstances. 
(6)The Authority shall publish the code drawn up under subsecti on (5), and every revision of it, in such 
manner as they consider appropriate. 
(7)Nothing in this section or in sections 91 to 96 has effect i n relation to any licensed service which is an 
additional service. 
91General code for programmes (1)The Authority shall draw up, and from time to time review, a  code giving guidance— 
(a)as to the rules to be observed with respect to the inclusion  in programmes of sounds suggestive of 
violence, particularly in circumstances such that large numbers  of children and young persons may be 
expected to be listening to the programmes; 
(b)as to the rules to be observed with respect to the inclusion  in programmes of appeals for donations; and 
(c)as to such other matters concerning standards and practice f or programmes as the Authority may 
consider suitable for inclusion in the code; 
and the Authority shall do all that they can to secure that the  provisions of the code are observed in the 
provision of licensed services. 
(2)In considering what other matters ought to be included in th e code in pursuance of subsection (1)(c), the 
Authority shall have special regard to programmes included in l icensed services in circumstances such that 
large numbers of children and young persons may be expected to be listening to the programmes. 
(3)Before drawing up or revising the code under this section th e Authority shall (to such extent as they 
consider it reasonably practicable to do so) consult every pers on who is the holder of a licence under this 
Part. 
(4)The Authority shall publish the code drawn up under this sec tion, and every revision of it, in such 
manner as they consider appropriate. 
92General provisions as to advertisements 
(1)The Authority shall do all that they can to secure that the rules specified in subsection (2) are complied 
with in relation to licensed services. 
(2)Those rules are as follows— 
(a)a licensed service must not include— 
(i)any advertisement which is inserted by or on behalf of any b ody whose objects are wholly or mainly of a 
political nature, 
(ii)any advertisement which is directed towards any political e nd, or 
(iii)any advertisement which has any relation to any industrial  dispute (other than an advertisement of a 
public service nature inserted by, or on behalf of, a governmen t department); 
(b)in the acceptance of advertisements for inclusion in a licen sed service there must be no unreasonable 
discrimination either against or in favour of any particular ad vertiser; and 
(c)a licensed service must not, without the previous approval o f the Authority, include a programme which 
is sponsored by any person whose business consists, wholly or m ainly, in the manufacture or supply of a 
product, or in the provision of a service, which the licence ho lder is prohibited from advertising by virtue of 
any provision of section 93. (3)Nothing in subsection (2) shall be construed as prohibiting the inclusion in a licensed service of any 
party political broadcast which complies with the rules (so far  as applicable) made by the Authority for the 
purposes of section 107. 
(4)After consultation with the Authority the Secretary of State  may make regulations amending, repealing, 
or adding to the rules specified in subsection (2); but no such  regulations shall be made unless a draft of 
the regulations has been laid before and approved by a resoluti on of each House of Parliament. 
(5)The Authority shall not act as an advertising agent. 
93Control of advertisements 
(1)It shall be the duty of the Authority— 
(a)after the appropriate consultation, to draw up, and from tim e to time review, a code— 
(i)governing standards and practice in advertising and in the s ponsoring of programmes, and 
(ii)prescribing the advertisements and methods of advertising o r sponsorship to be prohibited, or to be 
prohibited in particular circumstances; and 
(b)to do all that they can to secure that the provisions of the  code are observed in the provision of licensed 
services; 
and the Authority may make different provision in the code for different kinds of licensed services. 
(2)In subsection (1) “the appropriate consultation” means consu ltation with— 
(a)the Independent Television Commission, 
(b)such bodies or persons appearing to the Authority to represe nt each of the following, namely— 
(i)listeners, 
(ii)advertisers, and 
(iii)professional organisations qualified to give advice in rel ation to the advertising of particular products, 
as the Authority think fit, and 
(c)such other bodies or persons who are concerned with standard s of conduct in advertising as the 
Authority think fit, 
and (to the extent that the Authority consider such consultatio n to be reasonably practicable) consultation 
with every person who is the holder of a licence under this Par t. 
(3)The Authority shall publish the code drawn up under this sec tion, and every revision of it, in such 
manner as they consider appropriate. 
(4)The Authority shall— (a)from time to time consult the Secretary of State as to the c lasses and descriptions of advertisements 
which must not be included in licensed services and the methods  of advertising or sponsorship which must 
not be employed in, or in connection with, the provision of suc h services; and 
(b)carry out any directions which he may give to them in respec t of such matters. 
(5)The Authority may, in the discharge of a general responsibil ity with respect to advertisements and 
methods of advertising and sponsorship, impose requirements as to advertisements or methods of 
advertising or sponsorship which go beyond the requirements imp osed by the code. 
(6)The methods of control exercisable by the Authority for the purpose of securing that the provisions of the 
code are complied with, and for the purpose of securing complia nce with requirements imposed under 
subsection (5) which go beyond the requirements of the code, sh all include a power to give directions to 
the holder of a licence— 
(a)with respect to the classes and descriptions of advertisemen ts and methods of advertising or 
sponsorship to be excluded, or to be excluded in particular cir cumstances; or 
(b)with respect to the exclusion of a particular advertisement,  or its exclusion in particular circumstances. 
(7)Directions under this section may be, to any degree, either general or specific and qualified or 
unqualified. 
(8)The Authority shall, in drawing up or revising the code, tak e account of such of the international 
obligations of the United Kingdom as the Secretary of State may  notify to them for the purposes of this 
subsection. 
94Government control over licensed services 
(1)If it appears to him to be necessary or expedient to do so i n connection with his functions as such, the 
Secretary of State or any other Minister of the Crown may at an y time by notice require the Authority to 
direct the holders of any licences specified in the notice to p ublish in their licensed services, at such times 
as may be specified in the notice, such announcement as is so s pecified; and it shall be the duty of the 
Authority to comply with the notice. 
(2)Where the holder of a licence publishes any announcement in pursuance of a direction under subsection 
(1), he may announce that he is doing so in pursuance of such a  direction. 
(3)The Secretary of State may at any time by notice require the  Authority to direct the holders of any 
licences specified in the notice to refrain from including in t he programmes included in their licensed 
services any matter or classes of matter specified in the notic e; and it shall be the duty of the Authority to 
comply with the notice. 
(4)Where the Authority— 
(a)have given the holder of any licence a direction in accordan ce with a notice under subsection (3), or (b)in consequence of the revocation by the Secretary of State o f such a notice, have revoked such a 
direction, 
or where such a notice has expired, the holder of the licence i n question may publish in the licensed service 
an announcement of the giving or revocation of the direction or  of the expiration of the notice, as the case 
may be. 
(5)The powers conferred by this section are in addition to any power specifically conferred on the Secretary 
of State by any other provision of this Act. 
(6)In relation to any licensed service provided from a place in  Northern Ireland, the reference in subsection 
(1) to a Minister of the Crown includes a reference to the head  of any Northern Ireland department. 
95Monitoring by Authority of pr ogrammes included in licensed se rvices 
(1)For the purpose of maintaining supervision over the programm es included in licensed services the 
Authority may make and use recordings of those programmes or an y part of them. 
(2)A licence shall include conditions requiring the licence hol der— 
(a)to retain, for a period not exceeding 42 days, a recording o f every programme included in the licensed 
service; 
(b)at the request of the Authority, to produce to them any such  recording for examination or reproduction; 
(c)at the request of the Authority, to produce to them any scri pt or transcript of a programme included in the 
licensed service which he is able to produce to them. 
(3)Nothing in this Part shall be construed as requiring the Aut hority, in the discharge of their duties under 
this Part as respects licensed services and the programmes incl uded in them, to listen to such programmes 
in advance of their being included in such services. 
96Audience research 
(1)The Authority shall make arrangements— 
(a)for ascertaining the state of public opinion concerning prog rammes included in licensed services; and 
(b)for the purpose of assisting them to perform their functions  under Chapter II in connection with the 
programmes to be included in national and local services, for a scertaining the types of programme that 
members of the public would like to be included in licensed ser vices. 
(2)Those arrangements shall— 
(a)secure that, so far as is reasonably practicable, any resear ch undertaken in pursuance of the 
arrangements is undertaken by persons who are neither members n or employees of the Authority; and 
(b)include provision for full consideration by the Authority of  the results of any such research. 
Prohibition on providing unlicensed independent radio services  97Prohibition on providing independent radio services without a  licence 
(1)Subject to subsection (2), any person who provides any indep endent radio service without being 
authorised to do so by or under a licence under this Part shall  be guilty of an offence. 
(2)The Secretary of State may, after consultation with the Auth ority, by order provide that subsection (1) 
shall not apply to such services or descriptions of services as  are specified in the order. 
(3)A person guilty of an offence under this section shall be li able— 
(a)on summary conviction, to a fine not exceeding the statutory  maximum; 
(b)on conviction on indictment, to a fine. 
(4)No proceedings in respect of an offence under this section s hall be instituted— 
(a)in England and Wales, except by or with the consent of the D irector of Public Prosecutions; 
(b)in Northern Ireland, except by or with the consent of the Di rector of Public Prosecutions for Northern 
Ireland. 
(5)Without prejudice to subsection (3) above, compliance with t his section shall be enforceable by civil 
proceedings by the Crown for an injunction or interdict or for any other appropriate relief. 
(6)Any order under this section shall be subject to annulment i n pursuance of a resolution of either House 
of Parliament. 
CHAPTER IISOUND BROADCASTING SERVICES  
National services  
98Applications for national licences 
(1)Where the Authority propose to grant a licence to provide a national service, they shall publish, in such 
manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying— 
(i)the period for which the licence is to be granted, 
(ii)the minimum area of the United Kingdom for which the servic e is to be provided, 
(iii)if the service is to be one falling within section 85(2)(a )(i) or (ii), that the service is to be such a service, 
and 
(iv)if there is any existing licensed national service, that th e service is to be one which caters for tastes and 
interests different from those already catered for by any such service (as described in the notice); 
(c)inviting applications for the licence and specifying the clo sing date for such applications; and 
(d)specifying— (i)the fee payable on any application made in pursuance of the notice, and 
(ii)the percentage of qualifying revenue for each accounting pe riod that would be payable by an applicant in 
pursuance of section 102(1)(c) if he were granted the licence. 
(2)In determining the minimum area of the United Kingdom for wh ich a national service is to be provided 
the Authority shall have regard to the following considerations , namely— 
(a)that the service in question should, so far as is reasonably  practicable, make the most effective use of 
the frequency or frequencies on which it is to be provided; but  
(b)that the area for which it is to be provided should not be s o extensive that the costs of providing it would 
be likely to affect the ability of the person providing the ser vice to maintain it. 
(3)Any application made in pursuance of a notice under this sec tion must be in writing and accompanied 
by— 
(a)the applicant’s proposals for providing a service that would  both— 
(i)comply with any requirement specified in the notice under su bsection (1)(b)(iii) or (iv), and 
(ii)consist of a diversity of programmes calculated to appeal t o a variety of tastes and interests; 
(b)the fee specified in the notice under subsection (1)(d)(i); 
(c)the applicant’s proposals for training or retraining persons  employed or to be employed by him in order 
to help fit them for employment in, or in connection with, the making of programmes to be included in his 
proposed service; 
(d)the applicant’s cash bid in respect of the licence; 
(e)such information as the Authority may reasonably require— 
(i)as to the applicant’s present financial position and his pro jected financial position during the period for 
which the licence would be in force, and 
(ii)as to the arrangements which the applicant proposes to make  for, and in connection with, the 
transmission of his proposed service; and 
(f)such other information as the Authority may reasonably requi re for the purpose of considering the 
application. 
(4)At any time after receiving such an application and before d etermining it the Authority may require the 
applicant to furnish additional information under any of paragr aphs (a), (c), (e) and (f) of subsection (3). 
(5)Any information to be furnished to the Authority under this section shall, if they so require, be in such 
form or verified in such manner as they may specify. 
(6)The Authority shall, as soon as reasonably practicable after  the date specified in a notice under this 
section as the closing date for applications, publish in such m anner as they consider appropriate— (a)the name of every person who has made an application to them  in pursuance of the notice; 
(b)the proposals submitted by him under subsection (3)(a); and 
(c)such other information connected with his application as the  Authority consider appropriate. 
(7)In this section “programme” does not include an advertisemen t. 
(8)In this Part “cash bid”, in relation to a licence, means an offer to pay to the Authority a specified amount 
of money in respect of the first complete calendar year falling  within the period for which the licence is in 
force (being an amount which, as increased by the appropriate p ercentage, is also to be payable in respect 
of subsequent years falling wholly or partly within that period ). 
99Procedure to be followed by Au thority in connection with cons ideration of applications for 
national licences 
(1)Where a person has made an application for a national licenc e in accordance with section 98, the 
Authority shall not proceed to consider whether to award him th e licence on the basis of his cash bid in 
accordance with section 100 unless it appears to them— 
(a)that his proposed service would both— 
(i)comply with any requirement specified under subsection (1)(b )(iii) or (iv) of section 98, and 
(ii)consist of such a diversity of programmes as is mentioned i n subsection (3)(a) of that section; and 
(b)that he would be able to maintain that service throughout th e period for which the licence would be in 
force. 
(2)Any reference to an applicant in section 100 (except in sect ion 100(9)(b)) is accordingly a reference to 
an applicant in whose case it appears to the Authority that the  requirements of subsection (1)(a) and (b) 
above are satisfied. 
100Award of national licence to per son submitting highest cash bid 
(1)Subject to the following provisions of this section, the Aut hority shall, after considering all the cash bids 
submitted by the applicants for a national licence, award the l icence to the applicant who submitted the 
highest bid. 
(2)Where two or more applicants for a particular licence have s ubmitted cash bids specifying an identical 
amount which is higher than the amount of any other cash bid su bmitted in respect of the licence, then 
(unless they propose to exercise their power under subsection ( 3) in relation to the licence) the Authority 
shall invite those applicants to submit further cash bids in re spect of that licence; and, in relation to any 
person who has submitted a further cash bid in pursuance of thi s subsection, any reference in this Part to 
his cash bid is a reference to that further bid. 
(3)The Authority may disregard the requirement imposed by subse ction (1) and award the licence to an 
applicant who has not submitted the highest bid if it appears t o them that there are exceptional 
circumstances which make it appropriate for them to award the l icence to that applicant; and where it appears to the Authority, in the context of the licence, that a ny circumstances are to be regarded as 
exceptional circumstances for the purposes of this subsection, those circumstances may be so regarded by 
them despite the fact that similar circumstances have been so r egarded by them in the context of any other 
licence or licences. 
(4)If it appears to the Authority, in the case of the applicant  to whom (apart from this subsection) they would 
award the licence in accordance with the preceding provisions o f this section, that there are grounds for 
suspecting that any relevant source of funds is such that it wo uld not be in the public interest for the licence 
to be awarded to him— 
(a)they shall refer his application to the Secretary of State, together with— 
(i)a copy of all documents submitted to them by the applicant, and 
(ii)a summary of their deliberations on the application; and 
(b)they shall not award the licence to him unless the Secretary  of State has given his approval. 
(5)On such a reference the Secretary of State may only refuse t o give his approval to the licence being 
awarded to the applicant in question if he is satisfied that an y relevant source of funds is such that it would 
not be in the public interest for the licence to be so awarded.  
(6)In subsections (4) and (5) “relevant source of funds”, in re lation to an applicant, means any source of 
funds to which he might (directly or indirectly) have recourse for the purpose of— 
(a)paying any amounts payable by him by virtue of section 102(1 ), or 
(b)otherwise financing the provision of his proposed service. 
(7)Where the Authority are, by virtue of subsection (4), preclu ded from awarding the licence to an applicant, 
the preceding provisions of this section shall (subject to subs ection (11)) have effect as if that person had 
not made an application for the licence. 
(8)Where the Authority have awarded a national licence to any p erson in accordance with this section, they 
shall, as soon as reasonably practicable after awarding the lic ence— 
(a)publish the matters specified in subsection (9) in such mann er as they consider appropriate; and 
(b)grant the licence to that person. 
(9)The matters referred to in subsection (8)(a) are— 
(a)the name of the person to whom the licence has been awarded and the amount of his cash bid; 
(b)the name of every other applicant in whose case it appeared to the Authority that the requirement 
specified in section 99(1)(a) was satisfied; 
(c)where the licence has, by virtue of subsection (3) above, be en awarded to an applicant who has not 
submitted the highest cash bid, the Authority’s reasons for the  licence having been so awarded; and (d)such other information as the Authority consider appropriate . 
(10)In a case where the licence has been awarded to any person by virtue of the operation of this section, 
in accordance with any provision of this Part, on the revocatio n of an earlier grant of the licence, subsection 
(9) shall have effect as if— 
(a)paragraph (b) were omitted; and 
(b)the matters specified in that subsection included an indicat ion of the circumstances in which the licence 
has been awarded to that person. 
(11)Subsections (1) to (6) shall not have effect as mentioned i n subsection (7) if the Authority decide that it 
would be desirable to publish a fresh notice under section 98 i n respect of the grant of the licence; and 
similarly, where any of the following provisions of this Part p rovides, in connection with the revocation of a 
licence, for this section to have effect as if the former holde r of the licence had not made an application for 
it, this section shall not so have effect if the Authority deci de that it would be desirable to publish a fresh 
notice under this Part in respect of the grant of a further lic ence to provide the service in question. 
101Failure to begin providing licensed service and financial pe nalties on revocation of licence 
(1)If at any time after a national licence has been granted to any person but before the licence has come 
into force— 
(a)that person indicates to the Authority that he does not inte nd to provide the service in question, or 
(b)the Authority for any other reason have reasonable grounds f or believing that that person will not provide 
that service once the licence has come into force, 
then, subject to subsection (2)— 
(i)the Authority shall serve on him a notice revoking the licen ce as from the time the notice is served on 
him, and 
(ii)section 100 shall (subject to section 100(11)) have effect as if he had not made an application for the 
licence. 
(2)Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection 
unless the Authority have served on him a notice stating their grounds for believing that he will not provide 
the service in question once his licence has come into force; a nd they shall not serve such a notice on him 
unless they have given him a reasonable opportunity of making r epresentations to them about the matters 
complained of. 
(3)Where the Authority revoke a national licence under this sec tion or under any other provision of this 
Part, they shall serve on the licence holder a notice requiring  him to pay to them, within a specified period, 
a financial penalty of the prescribed amount. 
(4)In subsection (3) “the prescribed amount” means— (a)where— 
(i)the licence is revoked under this section, or 
(ii)the first complete accounting period of the licence holder falling within the period for which the licence is 
in force has not yet ended, 
7 per cent. of the amount which the Authority estimate would ha ve been the qualifying revenue for that 
accounting period (as determined in accordance with section 102 (2) to (6)); and 
(b)in any other case, 7 per cent. of the qualifying revenue for  the last complete accounting period of the 
licence holder so falling (as so determined). 
(5)Any financial penalty payable by any body by virtue of subse ction (3) shall, in addition to being 
recoverable from that body as provided by section 122(4), be re coverable by the Authority as a debt due to 
them from any person who controls that body. 
102Additional payments to be made in respect of national licenc es 
(1)A national licence shall include conditions requiring the li cence holder to pay to the Authority (in addition 
to any fees required to be so paid by virtue of section 87(1)(c ))— 
(a)in respect of the first complete calendar year falling withi n the period for which the licence is in force, the 
amount specified in his cash bid; 
(b)in respect of each subsequent year falling wholly or partly within that period, the amount so specified as 
increased by the appropriate percentage; and 
(c)in respect of each accounting period of his falling within t he period referred to in paragraph (a), an 
amount representing such percentage of the qualifying revenue f or that accounting period as was specified 
in relation to the licence under section 98(1)(d)(ii). 
(2)For the purposes of subsection (1)(c) the qualifying revenue  for any accounting period of the licence 
holder shall (subject to subsection (6)) consist of all payment s received or to be received by him or by any 
connected person— 
(a)in consideration of the inclusion in the licensed service in  that period of advertisements or other 
programmes, or 
(b)in respect of charges made in that period for the reception of programmes included in that service. 
(3)If, in connection with the inclusion of any advertisements o r other programmes whose inclusion is paid 
for by payments falling within subsection (2), any payments are  made to the licence holder or any 
connected person to meet any payments payable by the licence ho lder by virtue of subsection (1)(c), those 
payments shall be regarded as made in consideration of the incl usion of the programmes in question. 
(4)In the case of an advertisement included under arrangements made between— 
(a)the licence holder or any connected person, and (b)a person acting as an advertising agent, 
the amount of any receipt by the licence holder or any connecte d person that represents a payment by the 
advertiser from which the advertising agent has deducted any am ount by way of commission shall, except in 
a case falling within subsection (5), be the amount of the paym ent by the advertiser after the deduction of 
the commission. 
(5)If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of 
the payment by the advertiser, the amount of the receipt in que stion shall be taken to be the amount of the 
payment less 15 per cent. 
(6)If, in any accounting period of the licence holder, the lice nce holder or any connected person derives, in 
relation to any programme to be included in the licensed servic e, any financial benefit (whether direct or 
indirect) from payments made by any person, by way of sponsorsh ip, for the purpose of defraying or 
contributing towards costs incurred or to be incurred in connec tion with that programme, the qualifying 
revenue for that accounting period shall be taken for the purpo ses of subsection (1)(c) to include the 
amount of the financial benefit so derived by the licence holde r or the connected person, as the case may 
be. 
(7)A national licence may include conditions— 
(a)enabling the Authority to estimate before the beginning of a n accounting period the amount due for that 
period by virtue of subsection (1)(c); and 
(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period. 
(8)Such a licence may in particular include conditions— 
(a)authorising the Authority to revise any estimate on one or m ore occasions, and to adjust the instalments 
payable by the licence holder to take account of the revised es timate; 
(b)providing for the adjustment of any overpayment or underpaym ent. 
(9)Where— 
(a)the first complete accounting period of the licence holder f alling within the period referred to in 
subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or 
(b)the last complete accounting period of his falling within th e licence period does not end at the same time 
as that period, 
any reference in subsection (1)(c) to an accounting period of h is shall include a reference to such part of the 
accounting period preceding that first complete accounting peri od, or (as the case may be) following that last 
complete accounting period, as falls within the licence period;  and other references to accounting periods in 
this Part shall be construed accordingly. 
(10)In this Part “the appropriate percentage”, in relation to a ny year (“the relevant year”), means the 
percentage which corresponds to the percentage increase between — (a)the retail prices index for the month of November in the yea r preceding the first complete calendar year 
falling within the period for which the licence in question is in force; and 
(b)the retail prices index for the month of November in the yea r preceding the relevant year; 
and for this purpose “the retail prices index” means the genera l index of prices (for all items) published by 
the Central Statistical Office of the Chancellor of the Exchequ er. 
103Restriction on changes in contro l over holder of national li cence 
(1)Where— 
(a)any change in the persons having control over— 
(i)a body to which a national licence has been awarded or trans ferred in accordance with this Part of this 
Act, or 
(ii)an associated programme provider, 
takes place within the relevant period, and 
(b)that change takes place without having been previously appro ved for the purposes of this section by the 
Authority, 
then (subject to subsection (5)) the Authority may, if the lice nce has not yet been granted, refuse to grant it 
to the body referred to in paragraph (a)(i) above or, if it has  already been granted, serve on that body a notice 
revoking it. 
(2)In subsection (1)— 
• “associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, 
means any body which is connect ed with that body and appears to  the Authority to be, or to be likely to be, involved 
to any extent in the provision o f programmes for inclusion in t he licensed service; and 
• “the relevant period”, in relation to a national licence, means  the period beginning with the date of the award of the 
licence and ending on the first anniversary of the date of its coming into force; 
and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as if 
a body to which a national licence has been awarded but not yet  granted were the holder of such a licence. 
(3)The Authority shall refuse to approve for the purposes of th is section such a change as is mentioned in 
subsection (1)(a) if it appears to them that the change would b e prejudicial to the provision under the 
licence, by the body referred to in subsection (1)(a)(i), of a service which accords with the proposals 
submitted under section 98(3)(a) by that body (or, as the case may be, by the person to whom the licence 
was originally awarded). 
(4)The Authority may refuse so to approve any such change if, i n any circumstances not falling within 
subsection (3), they consider it appropriate to do so. (5)The Authority shall not under subsection (1) refuse to grant  a licence to, or serve a notice on, any body 
unless they have given it a reasonable opportunity of making re presentations to them about the matters 
complained of. 
(6)Where under subsection (1) the Authority refuse to grant a l icence to any body, section 100 shall 
(subject to section 100(11)) have effect as if that body had no t made an application for the licence; and, 
where under that subsection they serve on any body a notice rev oking its licence, subsections (6) and (7) 
of section 111 shall apply in relation to that notice as they a pply in relation to a notice served under 
subsection (3) of that section. 
Local and other services  
104Applications for other licences 
(1)Where the Authority propose to grant a licence to provide a local service, they shall publish, in such 
manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying the area or locality in the United Kingdom for wh ich the service is to be provided; 
(c)inviting applications for the licence and specifying the clo sing date for applications; and 
(d)stating the fee payable on any application made in pursuance  of the notice. 
(2)Any application made in pursuance of a notice under subsecti on (1) must be in writing and accompanied 
by— 
(a)the fee specified in the notice under paragraph (d) of that subsection; 
(b)the applicant’s proposals for providing a service that would — 
(i)cater for the tastes and interests of persons living in the area or locality for which it would be provided or 
for any particular tastes and interests of such persons, and 
(ii)broaden the range of programmes available by way of local s ervices to persons living in that area or 
locality; 
(c)such information as the Authority may reasonably require— 
(i)as to the applicant’s present financial position and his pro jected financial position during the period for 
which the licence would be in force, and 
(ii)as to the arrangements which the applicant proposes to make  for, and in connection with, the 
transmission of his proposed service; and 
(d)such other information as the Authority may reasonably requi re for the purpose of considering the 
application. (3)At any time after receiving such an application and before d etermining it the Authority may require the 
applicant to furnish additional information under subsection (2 )(b), (c) or (d). 
(4)The Authority shall, at the request of any person and on the  payment by him of such sum (if any) as the 
Authority may reasonably require, make available for inspection  by that person any information furnished 
under subsection (2)(b) by the applicants for a local licence. 
(5)Where the Authority propose, in the case of any local licenc e which is due to expire (otherwise than by 
virtue of section 110), to grant a further licence to provide t he service in question, they shall, in accordance 
with subsection (1), publish a notice under that subsection rel ating to the proposed grant of the further 
licence to provide that service, unless it appears to them that  to do so would not serve to broaden the 
range of programmes available by way of local services to perso ns living in the area or locality for which 
that service has been provided. 
(6)The following applications, namely— 
(a)an application to be granted a local licence in a case where , in accordance with subsection (5), no notice 
is to be published under subsection (1), or 
(b)an application for a licence to provide a satellite or restr icted service, 
shall be made in such manner as the Authority may determine, an d shall be accompanied by such fee (if 
any) as the Authority may determine. 
(7)In this section and sections 105 and 106 “programme” does no t include an advertisement. 
105Special requirements relating to grant of local licences 
Where the Authority have published a notice under section 104(1 ), they shall, in determining whether, or to 
whom, to grant the local licence in question, have regard to th e following matters, namely— 
(a)the ability of each of the applicants for the licence to mai ntain, throughout the period for which the 
licence would be in force, the service which he proposes to pro vide; 
(b)the extent to which any such proposed service would cater fo r the tastes and interests of persons living 
in the area or locality for which the service would be provided , and, where it is proposed to cater for any 
particular tastes and interests of such persons, the extent to which the service would cater for those tastes 
and interests; 
(c)the extent to which any such proposed service would broaden the range of programmes available by 
way of local services to persons living in the area or locality  for which it would be provided, and, in 
particular, the extent to which the service would cater for tas tes and interests different from those already 
catered for by local services provided for that area or localit y; and 
(d)the extent to which any application for the licence is suppo rted by persons living in that area or locality. 
Miscellaneous provisions relating to national and local services  
106Requirements as to character and coverage of national and lo cal services (1)A national or local licence shall include such conditions as  appear to the Authority to be appropriate for 
securing that the character of the licensed service, as propose d by the licence holder when making his 
application, is maintained during the period for which the lice nce is in force, except to the extent that the 
Authority consent to any departure on the grounds— 
(a)that it would not narrow the range of programmes available b y way of independent radio services to 
persons living in the area or locality for which the service is  licensed to be provided, or 
(b)that it would not substantially alter the character of the s ervice. 
(2)A national or local licence shall include conditions requiri ng the licence holder to secure that the licensed 
service serves so much of the area or locality for which it is licensed to be provided as is for the time being 
reasonably practicable. 
(3)A national licence shall include conditions enabling the Aut hority, where it appears to them to be 
reasonably practicable for the licensed service to be provided for any additional area falling outside the 
minimum area determined by them in accordance with section 98(2 ), to require the licence holder to 
provide the licensed service for any such additional area. 
(4)Subject to subsection (5), the Authority may, if they think fit, authorise the holder of a local licence, by 
means of a variation of his licence to that effect, to provide the licensed service for any additional area or 
locality adjoining the area or locality for which that service has previously been licensed to be provided. 
(5)The Authority shall only exercise the power conferred on the m by subsection (4) if it appears to them 
that to do so would not result in a substantial increase in the  area or locality for which the service in 
question is licensed to be provided. 
(6)As soon as practicable after the Authority have exercised th at power in relation to any service, they shall 
publish, in such manner as they consider appropriate, a notice—  
(a)stating that they have exercised that power in relation to t hat service; and 
(b)giving details of the additional area or locality for which that service is licensed to be provided. 
107Party political broadcasts 
(1)A national licence shall include— 
(a)conditions requiring the licence holder to include party pol itical broadcasts in the licensed service; and 
(b)conditions requiring the licence holder to observe such rule s with respect to party political broadcasts as 
the Authority may determine. 
(2)Without prejudice to the generality of paragraph (b) of subs ection (1), the Authority may determine for 
the purposes of that subsection— 
(a)the political parties on whose behalf party political broadc asts may be made; and (b)in relation to any political party on whose behalf such broa dcasts may be made, the length and 
frequency of such broadcasts. 
(3)Any rules made by the Authority for the purposes of this sec tion may make different provision for 
different cases or circumstances. 
108Promotion of equal opportuniti es in relation to employment b y holder of national licence 
(1)A national licence shall include conditions requiring the li cence holder— 
(a)to make arrangements for promoting, in relation to employmen t by him, equality of opportunity between 
men and women and between persons of different racial groups; a nd 
(b)to review those arrangements from time to time. 
(2)In subsection (1) “racial group” has the same meaning as in the [1976 c. 74.] Race Relations Act 1976. 
Enforcement of licences  
109Power to require scripts etc. or broadcasting of correction or apology 
(1)If the Authority are satisfied that the holder of a licence granted under this Chapter has failed to comply 
with any condition of the licence or with any direction given b y the Authority under or by virtue of any 
provision of this Part, they may serve on him a notice— 
(a)stating that the Authority are so satisfied as respects any specified condition or direction; 
(b)stating the effect of subsection (2); and 
(c)specifying for the purposes of that subsection a period not exceeding twelve months. 
(2)If, at any time during the period specified in a notice unde r subsection (1), the Authority are satisfied that 
the licence holder has again failed to comply with any such con dition or direction as is mentioned in that 
subsection (whether or not the same as the one specified in the  notice), the Authority may direct him— 
(a)to provide the Authority in advance with such scripts and pa rticulars of the programmes to be included in 
the licensed service as are specified in the direction; and 
(b)in relation to such of those programmes as will consist of o r include recorded matter, to produce to the 
Authority in advance for examination or reproduction such recor dings of that matter as are so specified; 
and a direction under this subsection shall have effect for suc h period, not exceeding six months, as is 
specified in the direction. 
(3)If the Authority are satisfied— 
(a)that the holder of a licence has failed to comply with any c ondition of the licence, and 
(b)that that failure can be appropriately remedied by the inclu sion in the licensed service of a correction or 
apology (or both) under this subsection, they may (subject to subsection (4)) direct the licence holder to include in the licensed service a correction 
or apology (or both) in such form, and at such time or times, a s they may determine. 
(4)The Authority shall not give any person a direction under su bsection (3) unless they have given him a 
reasonable opportunity of making representations to the Authori ty about the matters complained of. 
(5)Where the holder of a licence includes a correction or apolo gy in the licensed service in pursuance of a 
direction under subsection (3), he may announce that he is doin g so in pursuance of such a direction. 
110Power to impose financial penalty or suspend or shorten lice nce period 
(1)If the Authority are satisfied that the holder of a licence granted under this Chapter has failed to comply 
with any condition of the licence or with any direction given b y them under or by virtue of any provision of 
this Part, they may (subject to the following provisions of thi s section) serve on him— 
(a)a notice requiring him to pay, within a specified period, a specified financial penalty to the Authority; 
(b)a notice reducing the period for which the licence is to be in force by a specified period not exceeding 
two years; or 
(c)a notice suspending the licence for a specified period not e xceeding six months. 
(2)The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a 
national licence— 
(a)shall, if such a penalty has not previously been imposed on that person during any period for which his 
licence has been in force (“the relevant period”), not exceed 3  per cent. of the qualifying revenue for his last 
complete accounting period (as determined in accordance with se ction 102(2) to (6)); and 
(b)shall, in any other case, not exceed 5 per cent. of the qual ifying revenue for that accounting period (as 
so determined); 
and in relation to a person whose first complete accounting per iod falling within the relevant period has not 
yet ended, paragraphs (a) and (b) above shall be construed as r eferring to 3, or (as the case may be) 5, per 
cent. of the amount which the Authority estimate to be the qual ifying revenue for that accounting period (as 
so determined). 
(3)The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of any 
other licence shall not exceed £50,000. 
(4)The Authority shall not serve on any person such a notice as  is mentioned in subsection (1)(a), (b) or (c) 
unless they have given him a reasonable opportunity of making r epresentations to them about the matters 
complained of. 
(5)Where a licence is due to expire on a particular date by vir tue of a notice served on any person under 
subsection (1)(b), the Authority may, on the application of tha t person, revoke that notice by a further notice 
served on him at any time before that date, if they are satisfi ed that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service ha s been such as to justify the revocation of that 
notice. 
(6)It is hereby declared that any exercise by the Authority of their powers under subsection (1) of this 
section in respect of any failure to comply with any condition or direction shall not preclude any exercise by 
them of their powers under section 109 in respect of that failu re. 
(7)The Secretary of State may by order amend subsection (3) by substituting a different sum for the sum 
for the time being specified there; and any such order shall be  subject to annulment in pursuance of a 
resolution of either House of Parliament. 
111Power to revoke licences 
(1)If the Authority are satisfied— 
(a)that the holder of a licence granted under this Chapter is f ailing to comply with any condition of the 
licence or with any direction given by them under or by virtue of any provision of this Part, and 
(b)that that failure is such that, if not remedied, it would ju stify the revocation of the licence, 
they shall (subject to subsection (8)) serve on the holder of t he licence a notice under subsection (2). 
(2)A notice under this subsection is a notice— 
(a)stating that the Authority are satisfied as mentioned in sub section (1); 
(b)specifying the respects in which, in their opinion, the lice nce holder is failing to comply with any such 
condition or direction as is there mentioned; and 
(c)stating that, unless the licence holder takes, within such p eriod as is specified in the notice, such steps 
to remedy the failure as are so specified, the Authority will r evoke his licence under subsection (3). 
(3)If at the end of the period specified in a notice under subs ection (2) the Authority are satisfied— 
(a)that the person on whom the notice was served has failed to take the steps specified in it, and 
(b)that it is necessary in the public interest to revoke his li cence, 
they shall (subject to subsection (8)) serve on him a notice re voking his licence. 
(4)If the Authority are satisfied in the case of any national l icence— 
(a)that the holder of the licence has ceased to provide the lic ensed service before the end of the period for 
which the licence is to continue in force, and 
(b)that it is appropriate for them to do so, 
they shall (subject to subsection (8)) serve on him a notice re voking his licence. 
(5)If the Authority are satisfied— (a)that the holder of a licence granted under this Chapter prov ided them, in connection with his application 
for the licence, with information which was false in a material  particular, or 
(b)that, in connection with his application for the licence, th e holder of such a licence withheld any material 
information with the intention of causing them to be misled, 
they may (subject to subsection (8)) serve on him a notice revo king his licence. 
(6)Subject to subsection (7), any notice served under subsectio n (3), (4) or (5) shall take effect as from the 
time when it is served on the licence holder. 
(7)If it appears to the Authority to be appropriate to do so fo r the purpose of preserving continuity in the 
provision of the service in question, they may provide in any s uch notice for it to take effect as from a date 
specified in it. 
(8)The Authority shall not serve any notice on a person under t his section unless they have given him a 
reasonable opportunity of making representations to them about the matters complained of. 
CHAPTER IIILICENSABLE SOUND PROGRAMME SERVICES  
112Licensable sound programme services 
(1)In this Part “licensable sound programme service” means (sub ject to subsection (2)) a service consisting 
in the provision by any person of sound programmes with a view to their being conveyed, by means of a 
telecommunication system, for reception— 
(a)in two or more dwelling-houses in the United Kingdom, and 
(b)otherwise than for the purpose of being received there by pe rsons who have a business interest in 
receiving them, 
whether the telecommunication system is run by the person so pr oviding the programmes or by some other 
person, and whether the programmes are to be so conveyed for si multaneous reception or for reception at 
different times in response to requests made by different users  of the service. 
(2)Subsection (1) does not apply to— 
(a)a service where the programmes are provided for transmission  in the course of the provision of a sound 
broadcasting service; 
(b)a service where the running of the telecommunication system does not require to be licensed under Part 
II of the [1984 c. 12.] Telecommunications Act 1984; or 
(c)a two-way service (as defined by section 46(2)(c)). 
(3)It is hereby declared that the person who does either or bot h of the following things, that is to say— 
(a)uses a telecommunication system for conveying sound programm es as mentioned in subsection (1), or 
(b)runs a telecommunications system which is so used, is not to be regarded as providing a licensable sound programme  service in respect of any such programmes 
except to the extent that they are provided by that person with  a view to their being so conveyed by means 
of that system. 
(4)It is hereby also declared that where— 
(a)any service constitutes such a service as is mentioned in su bsection (1), and 
(b)the sound programmes in respect of which the service is prov ided are provided for transmission in the 
course of the provision of any additional service, 
that service is licensable under section 113 as a licensable so und programme service, and not otherwise; 
and in this subsection “additional service” means an additional  service within the meaning of this Part or Part 
I. 
(5)For the purposes of this section a person has a business int erest in receiving programmes if he has an 
interest in receiving them for the purposes of his business, tr ade, profession or employment. 
113Licensing etc. of licensable sound programme services 
(1)An application for a licence to provide a licensable sound p rogramme service shall— 
(a)be made in such manner as the Authority may determine; and 
(b)be accompanied by such fee (if any) as they may determine. 
(2)Where such an application is duly made to the Authority, the y may only refuse to grant the licence 
applied for if it appears to them that the service which would be provided under the licence would not 
comply with the requirements of section 90(1) and (2). 
(3)Subject to subsection (4), sections 109 to 111 shall apply i n relation to a licence to provide a licensable 
sound programme service as they apply in relation to a licence granted under Chapter II of this Part. 
(4)Section 111 shall apply in relation to such a licence with t he omission of subsection (7). 
CHAPTER IVADDITIONAL SERVICES PROVIDED ON SOUND BROADCASTING FREQUENCIES  
114Additional services 
(1)In this Part “additional service” means any service which co nsists in the sending of telecommunication 
signals for transmission by wireless telegraphy by means of the  use of the spare capacity within the signals 
carrying any sound broadcasting service provided— 
(a)on a frequency assigned under section 84(4), or 
(b)on any other allocated frequency notified to the Authority b y the Secretary of State. 
(2)For the purposes of this Part the spare capacity within the signals carrying any such broadcasting 
service shall be taken to be— (a)where the service is provided on a frequency assigned under section 84(4), any part of those signals 
which is not required for the purposes of the provision of that  service and is determined by the Authority to 
be available for the provision of additional services; 
(b)where the service is provided on a frequency notified to the  Authority under subsection (1)(b) above, 
such part of those signals as the Secretary of State may specif y when making the notification; 
and references in this Part to spare capacity shall be construe d accordingly. 
(3)The Authority shall, when determining under subsection (2)(a ) the extent and nature of the spare 
capacity available for the provision of additional services in the case of any frequency on which a national 
service is provided, have regard to any need of the person prov iding that service to be able to use part of 
the signals carrying it for providing services which are ancill ary to programmes included in the service. 
(4)A person holding a national licence shall be taken for the p urposes of this Part to be authorised by his 
licence to provide any such services as are mentioned in subsec tion (3). 
(5)The Secretary of State may, when making any notification und er subsection (1)(b), specify a date 
beyond which the frequency in question is not to be used for th e provision of additional services; and any 
such notification shall accordingly cease to have effect on tha t date. 
(6)In this section— 
• “allocated frequency” means a frequency allocated to the United  Kingdom for the provision of sound broadcasting 
services; 
• “telecommunication signals” means anything falling within parag raphs (a) to (d) of section 4(1) of the [1984 c. 
12.] Telecommunications Act 1984 (meaning of “te lecommunication  system”). 
115Licensing of additional services 
(1)The Authority shall do all that they can to secure that, in the case of each of the following frequencies, 
namely— 
(a)any frequencies assigned under section 84(4) and used for th e provision of a national service, and 
(b)any frequencies notified to the Authority under section 114( 1)(b), 
all of the spare capacity available for the provision of additi onal services on that frequency is used for the 
provision of such services under additional services licences g ranted by the Authority in accordance with this 
section. 
(2)An additional services licence may relate to the use of spar e capacity within more than one frequency; 
and two or more additional services licences may relate to the use of spare capacity within the same 
frequency where it is to be used at different times, or in diff erent areas, in the case of each of those 
licences. (3)An additional services licence may include provisions enabli ng the licence holder, subject to and in 
accordance with such conditions as the Authority may impose, to  authorise any person to whom this 
subsection applies to provide any additional service on the spa re capacity allocated by the licence. 
(4)Subsection (3) applies to any person who is not a disqualifi ed person in relation to an additional services 
licence by virtue of Part II of Schedule 2 to this Act. 
(5)Any conditions included in an additional services licence sh all apply in relation to the provision of 
additional services by a person authorised as mentioned in subs ection (3) as they apply in relation to the 
provision of such services by the licence holder; and any failu re by such a person to comply with any such 
conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to 
comply with those conditions. 
(6)Every licence to provide a national service shall include su ch conditions as appear to the Authority to be 
appropriate for securing that the licence holder grants— 
(a)to any person who holds a licence to provide additional serv ices on the frequency on which that national 
service is provided, and 
(b)to any person who is authorised by any such person as mentio ned in subsection (3) to provide additional 
services on that frequency, 
access to facilities reasonably required by that person for the  purposes of, or in connection with, the provision 
of any such additional services. 
(7)Any person who grants to any other person access to faciliti es in accordance with conditions imposed 
under subsection (6) may require that other person to pay a rea sonable charge in respect thereof; and any 
dispute as to the amount of any such charge shall be determined  by the Authority. 
(8)The holder of a licence to provide a local, restricted or sa tellite service shall be taken for the purposes of 
this Part to be authorised by his licence to provide, or to aut horise another person to provide, additional 
services on the frequency on which the licensed service is prov ided. 
(9)In this Part “additional services licence” means a licence t o provide additional services. 
116Applications for additional services licences 
(1)Where the Authority propose to grant a licence to provide ad ditional services they shall publish, in such 
manner as they consider appropriate, a notice— 
(a)stating that they propose to grant such a licence; 
(b)specifying— 
(i)the period for which the licence is to be granted, 
(ii)the sound broadcasting service or services on whose frequen cy or frequencies the services are to be 
provided, and (iii)(subject to the approval of the Secretary of State) the ex tent and nature of the spare capacity which is to 
be allocated by the licence; 
(c)inviting applications for the licence and specifying the clo sing date for such applications; and 
(d)specifying— 
(i)the fee payable on any application made in pursuance of the notice, and 
(ii)the percentage of qualifying revenue for each accounting pe riod that would be payable by an applicant in 
pursuance of section 118(1)(c) if he were granted the licence. 
(2)The Authority may, if they think fit, specify under subsecti on (1)(d)(ii)— 
(a)different percentages in relation to different accounting pe riods falling within the period for which the 
licence would be in force; 
(b)a nil percentage in relation to any accounting period so fal ling. 
(3)Any application made in pursuance of a notice under this sec tion must be in writing and accompanied 
by— 
(a)the fee specified in the notice under subsection (1)(d)(i); 
(b)a technical plan indicating— 
(i)the nature of any additional services which the applicant pr oposes to provide, and 
(ii)so far as known to the applicant, the nature of any additio nal services which any other person proposes 
to provide in accordance with section 115(3); 
(c)the applicant’s cash bid in respect of the licence; and 
(d)such information as the Authority may reasonably require as to the applicant’s present financial position 
and his projected financial position during the period for whic h the licence would be in force. 
(4)At any time after receiving such an application and before d etermining it the Authority may require the 
applicant to furnish additional information under subsection (3 )(b) or (d). 
(5)Any information to be furnished to the Authority under this section shall, if they so require, be in such 
form or verified in such manner as they may specify. 
(6)The Authority shall, as soon as reasonably practicable after  the date specified in a notice under this 
section as the closing date for applications, publish in such m anner as they consider appropriate— 
(a)the name of every person who has made an application to them  in pursuance of the notice; 
(b)particulars of the technical plan submitted by him under sub section (3)(b); and 
(c)such other information connected with his application as the  Authority consider appropriate. 
117Procedure to be followed by Authority in connection with con sideration of applications for, and 
awarding of, licences (1)Where a person has made an application for an additional ser vices licence in accordance with section 
116, the Authority shall not proceed to consider whether to awa rd him the licence on the basis of his cash 
bid in accordance with subsections (3) and (4) below unless it appears to them— 
(a)that the technical plan submitted under section 116(3)(b) is , so far as it involves the use of any 
telecommunication system, acceptable to the relevant licensing authorities; and 
(b)that the services proposed to be provided under the licence would be capable of being maintained 
throughout the period for which the licence would be in force; 
and any reference to an applicant in section 100 (as applied by  subsection (3) below) is accordingly a 
reference to an applicant in whose case it appears to the Autho rity that the requirements of paragraphs (a) 
and (b) above are satisfied. 
(2)Before forming any view as to whether the requirement specif ied in subsection (1)(a) is satisfied in the 
case of an applicant the Authority shall consult the relevant l icensing authorities. 
(3)Subject to subsection (4), section 100 shall apply in relati on to an additional services licence as it applies 
in relation to a national licence. 
(4)In the application of section 100 in relation to an addition al services licence— 
(a)subsection (6) shall have effect with the substitution in pa ragraph (a) of a reference to section 118(1) for 
the reference to section 102(1); and 
(b)subsection (9) shall have effect with the substitution in pa ragraph (b) of a reference to the requirement 
specified in subsection (1)(a) above for the reference to the r equirement specified in section 99(1)(a). 
(5)If at any time after an additional services licence has been  granted to any person but before the licence 
has come into force— 
(a)that person indicates to the Authority that none of the serv ices in question will be provided once the 
licence has come into force, or 
(b)the Authority for any other reason have reasonable grounds f or believing that none of those services will 
be so provided, 
then, subject to subsection (6)— 
(i)the Authority shall serve on him a notice revoking the licen ce as from the time the notice is served on 
him, and 
(ii)section 100 (as applied by subsection (3) above) shall, sub ject to section 100(11), have effect as if he 
had not made an application for the licence. 
(6)Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection 
unless the Authority have served on him a notice stating their grounds for believing that none of the 
services in question will be provided once his licence has come  into force; and they shall not serve such a notice on him unless they have given him a reasonable opportuni ty of making representations to them 
about the matters complained of. 
(7)In this section “the relevant licensing authorities” means t he Secretary of State and the Director General 
of Telecommunications. 
118Additional payments to be made in respect of additional serv ices licences 
(1)An additional services licence shall include conditions requ iring the licence holder to pay to the Authority 
(in addition to any fees required to be so paid by virtue of se ction 87(1)(c))— 
(a)in respect of the first complete calendar year falling withi n the period for which the licence is in force, the 
amount specified in his cash bid; 
(b)in respect of each subsequent year falling wholly or partly within that period, the amount so specified as 
increased by the appropriate percentage; and 
(c)in respect of each accounting period of his falling within t he period referred to in paragraph (a), an 
amount representing such percentage of the qualifying revenue f or that accounting period as was specified 
in relation to the licence under section 116(1)(d)(ii). 
(2)For the purposes of subsection (1)(c) the qualifying revenue  for any accounting period of the licence 
holder shall consist of all amounts which are received or to be  received by him or by any connected person 
and are referable to the right under his licence to use, or to authorise any other person to use, in that period 
the spare capacity allocated by the licence. 
(3)An additional services licence may include conditions— 
(a)enabling the Authority to estimate before the beginning of a n accounting period the amount due for that 
period by virtue of subsection (1)(c); and 
(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period. 
(4)Such a licence may in particular include conditions— 
(a)authorising the Authority to revise any estimate on one or m ore occasions, and to adjust the instalments 
payable by the licence holder to take account of the revised es timate; 
(b)providing for the adjustment of any overpayment or underpaym ent. 
(5)Where— 
(a)the first complete accounting period of the licence holder f alling within the period referred to in 
subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or 
(b)the last complete accounting period of his falling within th e licence period does not end at the same time 
as that period, 
any reference in subsection (1)(c) to an accounting period of h is shall include a reference to such part of the 
accounting period preceding that first complete accounting peri od, or (as the case may be) following that last complete accounting period, as falls within the licence period;  and other references to accounting periods in 
this Part shall be construed accordingly. 
119Additional services not to interfere with other transmission s 
(1)An additional services licence may include such conditions a s the Authority consider appropriate for 
securing that the provision of any additional service under the  licence does not cause any interference 
with— 
(a)the sound broadcasting service or services on whose frequenc y or frequencies it is provided, or 
(b)any other wireless telegraphy transmissions. 
(2)Before imposing any conditions in pursuance of subsection (1 ) the Authority shall consult the relevant 
licensing authorities (within the meaning of section 117). 
120Enforcement of additional services licences 
(1)If the Authority are satisfied that the holder of an additio nal services licence has failed to comply with any 
condition of the licence or with any direction given by the Aut hority under or by virtue of any provision of 
this Part, they may (subject to subsection (3)) serve on him a notice requiring him to pay, within a specified 
period, a specified financial penalty to the Authority. 
(2)The amount of any financial penalty imposed on any person in  pursuance of subsection (1)— 
(a)shall, if such a penalty has not previously been so imposed on that person during any period for which 
his licence has been in force (“the relevant period”), not exce ed 3 per cent. of the qualifying revenue for his 
last complete accounting period falling within the relevant per iod (as determined in accordance with section 
118(2)); and 
(b)shall, in any other case, not exceed 5 per cent. of the qual ifying revenue for that accounting period (as 
so determined); 
and, in relation to a person whose first complete accounting pe riod falling within the relevant period has not 
yet ended, paragraphs (a) and (b) above shall be construed as r eferring to 3, or (as the case may be) 5, per 
cent. of the amount which the Authority estimate to be the qual ifying revenue for that accounting period (as 
so determined). 
(3)The Authority shall not serve on any person a notice under s ubsection (1) unless they have given him a 
reasonable opportunity of making representations to them about the matters complained of. 
(4)Section 111 shall apply in relation to an additional service s licence as it applies in relation to a licence 
granted under Chapter II of this Part, but with the omission of  subsection (7). 
CHAPTER VSUPPLEMENTAL  
121Computation of qualifying revenue 
Part II of Schedule 7 (which contains provisions relating to th e computation of qualifying revenue for the 
purposes of this Part) shall have effect. 122Certain receipts of Authority to be paid into Consolidated F und 
(1)Where the Authority receive in respect of any licence any of  the amounts specified in subsection (2), that 
amount shall not form part of the revenues of the Authority but  shall— 
(a)if the licence is for the provision of a service for any are a, locality, establishment or other place, or for 
any event, in Great Britain, be paid into the Consolidated Fund  of the United Kingdom; 
(b)if the licence is for the provision of a service for any are a, locality, establishment or other place, or for 
any event, in Northern Ireland, be paid into the Consolidated F und of Northern Ireland; or 
(c)if the licence is for the provision of a national or satelli te service or any additional services, be paid into 
both of those Funds in such proportions as the Authority consid er appropriate. 
(2)The amounts referred to in subsection (1) are— 
(a)any amount payable to the Authority by virtue of section 102 (1) or 118(1); 
(b)any amount payable to them by virtue of section 101(3); and 
(c)any amount payable to them by virtue of section 110(1)(a), 1 13(3) or 120(1). 
(3)Subsection (1) shall not be construed as applying to any amo unt which is required by the Authority for 
the making of an adjustment in respect of an overpayment made b y any person. 
(4)Any amount payable by any person to the Authority under or b y virtue of this Part shall be recoverable 
by them as a debt due to them from that person; and, where any amount is so payable by a person as the 
holder of any licence under this Part, his liability to pay it shall not be affected by his licence ceasing (for 
any reason) to be in force. 
(5)The Authority shall, in respect of each financial year, prep are an account showing— 
(a)all such amounts falling within subsection (1) as have been received by them, and 
(b)the sums paid into the Consolidated Funds of the United King dom and Northern Ireland respectively 
under that subsection in respect of those amounts, 
and shall send that account to the Comptroller and Auditor Gene ral not later than the end of the month of 
November following the financial year to which it relates; and the Comptroller and Auditor General shall 
examine, certify and report on the account and lay copies of it , together with his report, before each House 
of Parliament. 
123Frequency planning and general research and development 
(1)The Authority may make arrangements for such work relating t o frequency planning to be carried out as 
they consider appropriate in connection with the discharge of t heir functions. 
(2)Any such work shall be directed towards securing that the fr equencies assigned to the Authority under 
this Act are used as efficiently as is reasonably practicable. (3)The Authority may make arrangements for such research and de velopment work to be carried out as 
they consider appropriate in connection with the discharge of t heir functions. 
(4)The Authority shall secure that, so far as is reasonably pra cticable— 
(a)any work carried out under arrangements made in pursuance of  subsection (1) or (3) is carried out, 
under the supervision of the Authority, by persons who are neit her members nor employees of the 
Authority; and 
(b)any work carried out under arrangements made in pursuance of  subsection (3) is to a substantial extent 
financed by persons other than the Authority. 
124Authority to assist Secretary of State in connection with li censing functions under 1949 Act 
The Authority shall give to the Secretary of State such informa tion or other assistance as he may reasonably 
require in connection with his functions under section 1 of the  [1949 c. 54.] Wireless Telegraphy Act 1949 as 
respects the granting, variation or revocation of licences unde r that section. 
125Representation by Authority of  Government and other interest s in connection with broadcasting 
matters 
The functions of the Authority shall include representing— 
(a)Her Majesty’s Government in the United Kingdom, and 
(b)persons providing independent radio services, 
on bodies concerned with the regulation (whether nationally or internationally) of matters relating to sound 
broadcasting. 
126Interpretation of Part III 
(1)In this Part (unless the context otherwise requires)— 
• “additional service” and “addit ional services licence” shall be  construed in accordance with section 114(1) and 
section 115(9) respectively; 
• “the appropriate percentage”, in relation to any year, has the meaning given by section 102(10); 
• “assigned frequency” means a freque ncy for the time being assig ned to the Authority under section 84(4); 
• “the Authority” means t he Radio Authority es tablished under thi s Part; 
• “cash bid” has the meaning given by section 98(8); 
• “independent radio service” has t he meaning given by section 84 (1); 
• “licence” means a licence under  this Part, and “licensed” shall  be construed accordingly; 
• “licensable sound programme servi ce” has the meaning given by s ection 112(1); 
• “local licence” and “national licence” mean a licence to provid e a local service and a licence to provide a national 
service, respectively; • “local service”, “national servi ce”, “restricted service” and “ satellite service” shall be construed in accordance with 
section 84(2); 
• “sound broadcasting service” means a broadcasting service whose  broadcasts consist of transmissions in sound 
only; 
• “spare capacity” shall be constr ued in accordance with section 114(2). 
(2)Any reference in this Part to an area in the United Kingdom does not include an area which comprises or 
includes the whole of England; and nothing in this Part shall b e read as precluding a local service from 
being provided for an area or locality that is to any extent co mprised in the area or locality for which another 
local service is to be provided. 
(3)Where the person who is for the time being the holder of any  licence (“the present licence holder”) is not 
the person to whom the licence was originally granted, any refe rence in this Part (however expressed) to 
the holder of the licence shall be construed, in relation to an y time falling before the date when the present 
licence holder became the holder of it, as including a referenc e to a person who was previously the holder 
of the licence. 
PART IVTRANSFER OF UNDERTAKINGS OF IBA AND CABLE AUTHORITY  
Transfer of undertakings  
127Division of assets of IBA and their dissolution 
(1)On such day as the Secretary of State may by order appoint a s the transfer date there shall come into 
force a scheme made under Schedule 9 to this Act and providing for the division of the property, rights and 
liabilities of the IBA between— 
(a)the Commission, 
(b)the Radio Authority, and 
(c)a company nominated for the purposes of this subsection by t he Secretary of State. 
(2)The Secretary of State may, by order made before the transfe r date, nominate for the purposes of 
subsection (1) any company formed and registered under the [198 5 c. 6.] Companies Act 1985; but on that 
date the company must be a company limited by shares which is w holly owned by the Crown. 
(3)Subject to subsection (4), the IBA shall continue in existen ce after the transfer date until such time as 
they are dissolved by order made by the Secretary of State. 
(4)On the transfer date the chairman and members of the IBA sha ll cease to hold office; and as from that 
date the IBA— 
(a)shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks 
fit, such one or more other persons as the Secretary of State m ay appoint as members of the IBA; and 
(b)shall have only the functions which fall to be carried out b y the IBA under or by virtue of Schedule 9. (5)If requested to do so by the chairman appointed under subsec tion (4)(a), the Commission shall furnish 
the IBA with any assistance required by them for the purpose of  carrying out any of those functions. 
(6)The Secretary of State shall not make an order under subsect ion (3) unless he is satisfied, after 
consultation with the IBA and with each of the bodies referred to in subsection (1)(a) to (c), that nothing 
further remains to be done by the IBA under or by virtue of Sch edule 9. 
128Vesting in Commission of assets of Cable Authority and disso lution of Authority 
(1)On the transfer date all the property, rights and liabilitie s to which the Cable Authority were entitled or 
subject immediately before that date shall become property, rig hts and liabilities of the Commission; and 
Schedule 10 to this Act shall have effect for the purpose of su pplementing this and the following provisions 
of this section. 
(2)Subject to subsection (3), the Cable Authority shall continu e in existence after the transfer date until 
such time as they are dissolved by order made by the Secretary of State. 
(3)On the transfer date the chairman and members of the Cable A uthority shall cease to hold office; and as 
from that date the Authority— 
(a)shall consist only of a chairman appointed by the Secretary of State and, if the Secretary of State thinks 
fit, such one or more other persons as the Secretary of State m ay appoint as members of the Authority; 
and 
(b)shall have only the functions which fall to be carried out b y the Authority under or by virtue of Schedule 
10. 
(4)If requested to do so by the chairman appointed under subsec tion (3)(a), the Commission shall furnish 
the Cable Authority with any assistance required by them for th e purpose of carrying out any of those 
functions. 
(5)The Secretary of State shall not make an order under subsect ion (2) unless he is satisfied, after 
consultation with the Cable Authority and the Commission, that nothing further remains to be done by the 
Authority under or by virtue of that Schedule. 
(6)References in this Part to property, rights and liabilities of the Cable Authority include references to 
property, rights and liabilities which are not capable of being  transferred or assigned by the Authority. 
Transitional arrangements  
129Transitional arrangements relating to IBA’s broadcasting ser vices 
(1)Schedule 11 to this Act shall have effect— 
(a)with respect to the provision by the Commission and the Wels h Authority, during the period beginning 
with the transfer date and ending with 31st December 1992, of t elevision broadcasting services which have 
been provided by the IBA under the [1981 c. 68.] Broadcasting A ct 1981 down to the transfer date; (b)for the purpose of the regulation by the Commission after th e end of that period of services provided in 
succession to the DBS services provided by them during that per iod; and 
(c)in the case of local sound broadcasting services which have been provided by the IBA down to the 
transfer date— 
(i)with respect to the provision of such services on and after that date by the Radio Authority, and 
(ii)for the purpose of the regulation by that Authority on and after that date of services provided in 
succession to such services. 
(2)The programmes provided by a programme contractor under his contract for inclusion in any 
broadcasting service provided by the Commission or the Radio Au thority in accordance with Part II or IV of 
Schedule 11 shall not be transmitted by, or under arrangements made by, the Commission or the Radio 
Authority (as the case may be) but shall be transmitted— 
(a)by the nominated company in pursuance of a contract made bet ween that company and the programme 
contractor in accordance with section 130, or 
(b)under arrangements made in accordance with subsection (3)(a)  of that section in a case where any such 
contract made between a DBS programme contractor and that compa ny is terminated by the contractor as 
mentioned in that provision. 
(3)The programmes broadcast on Channel 4 and S4C respectively d uring the interim period in accordance 
with Part II of Schedule 11 shall not be transmitted by, or und er arrangements made by, the Commission 
but shall be transmitted by the nominated company— 
(a)in the case of the programmes broadcast on Channel 4, in pur suance of such a contract made between 
that company and the Channel 4 company as is mentioned in subse ction (4), and 
(b)in the case of the programmes broadcast on S4C, in pursuance  of such a contract made between the 
nominated company and the Welsh Authority as is mentioned in su bsection (6). 
(4)The contract referred to in subsection (3)(a) is a contract which makes provision for and in connection 
with the transmission by the nominated company during the inter im period of the programmes to be 
broadcast on Channel 4 during that period, and in particular ma kes provision— 
(a)for specified standards relating to technical quality, cover age and reliability to be attained in connection 
with the transmission of those programmes by that company; and 
(b)for the transmission of those programmes to be suspended, if  the Commission so direct in 
circumstances falling within subsection (5), for such period, o r in the case of such programme or 
programmes, as they may specify. 
(5)The circumstances referred to in subsection (4)(b) are circu mstances where the Commission consider it 
necessary to require the transmission of the programmes in ques tion to be suspended in order for them to 
comply, or secure compliance, with the provisions of the [1981 c. 68.] Broadcasting Act 1981 (as it has effect in accordance with Part II of Schedule 11 to this Act) o r with any restriction or requirement imposed 
thereunder. 
(6)The contract referred to in subsection (3)(b) is a contract which makes provision for and in connection 
with the transmission by the nominated company during the inter im period of the programmes to be 
broadcast on S4C during that period, and in particular makes pr ovision for specified standards relating to 
technical quality, coverage and reliability to be attained in c onnection with the transmission of those 
programmes by that company. 
(7)In the following provisions, namely— 
(a)Parts II and IV of Schedule 11 to this Act, and 
(b)any provision of the [1981 c. 68.] Broadcasting Act 1981 whi ch is to be construed as referring to the 
Commission or to the Radio Authority by virtue of either of tho se Parts of that Schedule, 
any reference (however expressed) to the broadcasting of progra mmes, or to programmes broadcast, by the 
Commission or the Radio Authority shall, in consequence of subs ections (2) and (3) above, be read as a 
reference to the broadcasting of programmes, or to programmes b roadcast, by that body whether the 
transmission of the programmes is undertaken (according to the circumstances of the case)— 
(i)by, or under arrangements made by, that body, or 
(ii)by the nominated company in pursuance of any such contract as is referred to in either of those 
subsections, or 
(iii)under any such arrangements as are referred to in subsecti on (2)(b); 
and those Parts of that Schedule contain other modifications of  provisions of that Act which are consequential 
on those subsections. 
(8)This section and section 130 shall have effect in relation t o any teletext service provided by the 
Commission in accordance with Part II of Schedule 11 as if— 
(a)any reference to a programme or television programme were a reference to a teletext transmission; and 
(b)any reference to a programme contractor were a reference to a teletext contractor. 
(9)This section and section 130 shall, in so far as they apply to the transmission of the programmes 
provided by a DBS programme contractor under his contract for i nclusion in any DBS service provided by 
the Commission in accordance with Part II of Schedule 11, be co nstrued as applying only to the carrying on 
of such activities in connection with the transmission of those  programmes as were being so carried on by 
the IBA immediately before the transfer date. 
(10)In this section— 
• “the Channel 4 company” means the body corporate referred to in  section 12(2) of the Broadcasting Act 1981, and 
“on Channel 4” means in the additional broadcasting service ref erred to in section 10(1) of that Act, but excluding so much of that service as cons isted, immediatel y before the tr ansfer date, in the broadcasting of programmes for 
reception wholly or mainly in Wales; 
• “the interim period” means the per iod specified in subsection ( 1)(a) above; 
• “on S4C” has the same meani ng as in Part I of this Act. 
(11)The reference in subsection (4) or (6) to specified standar ds is a reference to such standards as the 
IBA shall specify for the purposes of that subsection before th e transfer date. 
130Variation of programme contr acts to take account of new tran smission arrangements 
(1)Subject to subsections (2) and (4), it shall be the duty of the IBA to make before the transfer date such 
variations of each contract between them and a programme contra ctor (“the programme contract”) as 
appear to them to be appropriate— 
(a)for requiring the programme contractor to enter into a contr act with the nominated company which 
makes provision for and in connection with the transmission by that company during the interim period of 
the programmes which the programme contractor has the right and  the duty to provide under the 
programme contract, and in particular makes provision— 
(i)for specified standards relating to technical quality, cover age and reliability to be attained in connection 
with the transmission of those programmes by that company, 
(ii)for the transmission of those programmes to be suspended, i f the relevant authority so direct in 
circumstances falling within subsection (5), for such period, o r in the case of such programme or 
programmes, as they may specify, and 
(iii)where the programme contractor is a TV programme contracto r, for the consideration payable in respect 
of the transmission of those programmes to be payable in accord ance with subsection (6); and 
(b)for securing that the right and the duty of the programme co ntractor under the programme contract to 
provide those programmes is accordingly (so long as any such co ntract with the nominated company 
remains in force) a right and a duty to provide them for transm ission by that company. 
(2)Subsection (1) shall apply to a contract for the provision o f television programmes for broadcasting in a 
DBS service (“a DBS programme contract”) as if— 
(a)the reference to coverage in paragraph (a)(i) were omitted; and 
(b)for paragraph (a)(iii) there were substituted— 
“(iii)for the programme contractor to be entitled to terminate the contract if he is notified by the Commission 
that they are satisfied that the standards referred to in sub-p aragraph (i) are not being attained as 
mentioned in that sub-paragraph;”. 
(3)The IBA shall, in the case of any DBS programme contract, ma ke before the transfer date such 
variations of the contract as appear to them to be appropriate—  (a)for requiring the DBS programme contractor, if he terminates  his contract with the nominated company 
under any provision included in the contract in consequence of subsection (2)(b), to make such 
arrangements as the Commission may approve for and in connectio n with the transmission during the 
interim period of the programmes which he has the right and the  duty to provide under the DBS programme 
contract, being arrangements under which— 
(i)specified standards relating to technical quality and reliab ility are to be attained in connection with the 
transmission of those programmes under the arrangements, and 
(ii)the transmission of those programmes is to be suspended, if  the Commission so direct in circumstances 
falling within subsection (5), for such period, or in the case of such programme or programmes, as they 
may specify; and 
(b)for securing that the right and the duty of the programme co ntractor under the DBS programme contract 
to provide those programmes is accordingly (so long as any such  arrangements remain in force) a right and 
a duty to provide them for transmission under the arrangements.  
(4)Subsection (1) shall apply to a contract for the provision o f local sound broadcasts as if the reference to 
the interim period were a reference to the remainder of the per iod for which the contract continues in force 
by virtue of paragraph 2(1) in Part IV of Schedule 11; and that  subsection accordingly does not apply to any 
such contract if— 
(a)the programme contractor notifies the IBA, before such date as they shall determine, that he proposes to 
request the Radio Authority to determine the contract as from t he transfer date in accordance with 
paragraph 1(1) in Part V of that Schedule; or 
(b)the contract is one to which paragraph 2(1) in that Part of that Schedule would apply on the transfer 
date. 
(5)The circumstances referred to in paragraph (a)(ii) of subsec tion (1) or (3) are circumstances where the 
relevant authority or (as the case may be) the Commission consi der it necessary to require the 
transmission of the programmes in question to be suspended— 
(a)in order for them to comply, or secure compliance, with the provisions of the [1981 c. 68.] Broadcasting 
Act 1981 (as it has effect in accordance with Schedule 11 to th is Act) or with any restriction or requirement 
imposed thereunder, or 
(b)in view of any matter which they consider constitutes or wou ld constitute a breach of the programme 
contractor’s contract. 
(6)The IBA shall make before the transfer date such variations of each contract between them and a TV 
programme contractor as appear to them to be appropriate for re quiring the programme contractor to enter 
into an agreement with all of the other TV programme contractor s which— 
(a)relates to the payment by those contractors to the nominated  company of the consideration payable by 
them in respect of the transmission by that company of the prog rammes provided by them; and (b)provides for the amounts payable by each of the contractors to be such proportion of the total 
consideration so payable as corresponds to the proportion of th e relevant amount which he was liable to 
pay by virtue of section 32(1)(a) of the Broadcasting Act 1981 (rental payments) in respect of the period 
beginning with 1st April 1990 and ending with the transfer date ; 
and in paragraph (b) “the relevant amount” means the aggregate amount of all payments falling to be made 
by TV programme contractors by virtue of section 32(1)(a) of th at Act in respect of that period (excluding any 
payments falling to be so made in consequence of section 13(2) of that Act (advertisements on Channel 4)). 
(7)The IBA shall, in the case of each such contract as is menti oned in subsection (6), also make before the 
transfer date such variations of the contract as appear to them  to be appropriate in consequence of section 
129(3). 
(8)In this section— 
• “the interim period” means the per iod specified in section 129( 1)(a); 
• “the relevant authority”— 
(a) 
in relation to any such contra ct as is mentioned in subsection (1)(a) which relates to the transmission of television 
programmes, means the Commission, and 
(b) 
in relation to any such contract  which relates to the transmiss ion of local sound broadcasts, means the Radio 
Authority; 
and section 129(8) and (9) apply for the purposes of this secti on. 
(9)Any reference in subsection (1) or (3) to specified standard s is a reference to such standards as the IBA 
shall specify for the purposes of that subsection before the tr ansfer date; and different standards may be so 
specified for the purposes of subsection (1) in relation to pro gramme contractors of different descriptions. 
131Supplementary provisions relating to variation of programme contracts 
(1)Where the IBA make any variation of a programme contract in pursuance of section 130(1) to (4) or (6), 
they may make such variations of that contract of a supplementa l, incidental, consequential or transitional 
nature as they consider appropriate. 
(2)The relevant authority may on or after the transfer date mak e any variation of a programme contract 
which could have been made before that date by the IBA— 
(a)in pursuance of section 130(1) to (4), or 
(b)in pursuance of subsection (1) above in connection with any variation made in pursuance of section 
130(1) to (4); 
and any such variation may be made with retrospective effect as  from that date. (3)Before making any variation of a programme contract in pursu ance of any provision of section 130, this 
section or Schedule 11, the IBA or (as the case may be) the rel evant authority shall consult the programme 
contractor concerned. 
(4)Any such variation shall be made by means of a notice served  on that programme contractor. 
(5)In this section— 
• “programme contract” means a cont ract between the  IBA and a pro gramme contractor; 
• “programme contractor” includ es a teletext contractor; 
• “the relevant authority”— 
(a) 
in relation to a programme contract for the provision of televi sion programmes or teletext transmissions, means the 
Commission; and 
(b) 
in relation to a progr amme contract for the provision of local sound broadcasts, means t he Radio Authority. 
132Disposal by IBA of DBS transmitting equipment etc 
(1)The IBA shall have power, with the approval of the Secretary  of State— 
(a)to dispose of any relevant assets to a DBS contractor; and 
(b)to do so on such terms and for such consideration as they ma y determine (whether or not any such 
consideration represents the market value of the assets). 
(2)Any disposal under subsection (1) shall take effect on the t ransfer date. 
(3)In this section “relevant asset” means any equipment or othe r asset (of whatever description) which has 
been used or held by the IBA in connection with the transmissio n of DBS services. 
133Functions exercisable by IBA before transfer date in connect ion with local sound broadcasting 
(1)It shall be the duty of the IBA to prepare before the transf er date, in the case of each relevant 
programme contractor, a contract which— 
(a)is expressed to be made between the nominated company and th e contractor; and 
(b)is to come into force in accordance with subsection (3) at s uch time (if any) as the contractor becomes 
the holder of a local licence by virtue of paragraph 1(1) in Pa rt V of Schedule 11 to this Act; and 
(c)makes provision in connection with the transmission, as from  any such time, of the programmes included 
in the local service provided by the contractor (as the holder of such a licence), which may include 
provision for the transmission of those programmes by the nomin ated company. 
(2)For the purposes of subsection (1) the IBA shall, after cons ultation with all the relevant programme 
contractors, draw up a number of different standard forms of co ntract, and each contract prepared by them under that subsection shall be in such one of those forms as th ey may determine after consultation with the 
relevant programme contractor concerned. 
(3)Any contract prepared under subsection (1) shall by virtue o f this subsection come into force, as a 
contract between the nominated company and the relevant program me contractor concerned, at any such 
time as is mentioned in paragraph (b) of that subsection and (s ubject to the provisions of the contract) shall 
continue in force for such period as is specified in it, being a period expiring not later than 31st December 
1994. 
(4)If— 
(a)any contract prepared under subsection (1) has not yet come into force, and 
(b)the nominated company and the relevant programme contractor concerned agree that it would be more 
appropriate for them to be parties to a contract which is in on e of the other forms of contract drawn up as 
mentioned in subsection (2), and 
(c)the nominated company prepares such a contract as is mention ed in subsection (1) which is in that other 
form, 
subsection (3) shall have effect in relation to that contract a s if it had been prepared by the IBA under 
subsection (1) (and accordingly shall not have effect in relati on to the contract referred to in paragraph (a) 
above). 
(5)The IBA shall be deemed to have had power to impose such req uirements as have been imposed by 
them on the various local sound programme contractors with resp ect to the making of payments to the IBA 
for the purpose of enabling reductions to be made in relevant c harges; and in this subsection “relevant 
charges” means charges made by the nominated company in connect ion with the transmission, during the 
period beginning with the transfer date and ending with 31st De cember 1994, of programmes which are 
included in local services falling within any description of su ch services determined by the IBA. 
(6)The IBA shall have power, with the approval of the Secretary  of State— 
(a)to dispose of, or of an interest in, any relevant assets to a relevant programme contractor; and 
(b)to do so on such terms and for such consideration as they ma y determine (whether or not any such 
consideration represents the market value of the assets). 
(7)In this section— 
• “local licence” and “local servi ce” have the same meaning as in  Part III of this Act; 
• “local sound programme contracto r” means a person who is a prog ramme contractor by virt ue of a contra ct for the 
provision of local sound broadcasts; 
• “relevant asset” means any equipment or other asset (of whateve r description) which has been used or held by the 
IBA in connection with the transm ission of local sound broadcas ts; • “relevant programme contractor” means the programme contractor under a contract which, if effective immediately 
before the transfer date, would be a contract to w hich paragrap h 2(1) in Part IV of Schedule 11 applied. 
134Transitional arrangements relating to existing cable service s 
Schedule 12 to this Act shall have effect— 
(a)for the purpose of the regulation by the Commission on and a fter the transfer date of— 
(i)diffusion services (within the meaning of Part I of the [198 4 c. 46.] Cable and Broadcasting Act 1984) 
which, immediately before that date, were authorised to be prov ided under that Part of that Act, and 
(ii)services provided in succession to such services; and 
(b)for the purpose of the regulation by the Commission or the R adio Authority on and after the transfer date 
of services provided in succession to restricted services (with in the meaning of that Part of that Act) which, 
immediately before that date, were authorised to be provided un der that Part of that Act. 
Provisions relating to nominated company  
135Initial Government holding in nominated company 
(1)As a consequence of the vesting in the nominated company, in  accordance with the scheme made 
under Schedule 9 to this Act, of property, rights and liabiliti es of the IBA, that company shall issue to the 
Secretary of State such securities of the company as he may fro m time to time direct. 
(2)The Secretary of State shall not give a direction under subs ection (1) at a time when the nominated 
company has ceased to be wholly owned by the Crown. 
(3)Securities required to be issued in pursuance of this sectio n shall be issued at such time or times, and 
(subject to subsection (4)) on such terms, as the Secretary of State may direct. 
(4)Any shares issued in pursuance of this section— 
(a)shall be of such nominal value as the Secretary of State may  direct; and 
(b)shall be issued as fully paid and treated for the purposes o f the [1985 c. 6.] Companies Act 1985 as if 
they had been paid up by virtue of the payment to the nominated  company of their nominal value in cash. 
(5)The Secretary of State shall not exercise any power conferre d on him by this section, or dispose of any 
securities issued to him in pursuance of this section, without the consent of the Treasury. 
(6)Without prejudice to the generality of section 198(2), any d ividends or other sums received by the 
Secretary of State in right of or on the disposal of any securi ties acquired by virtue of this section shall be 
paid into the Consolidated Fund. 
136Exercise of functions  through nominees 
(1)The Secretary of State may, with the consent of the Treasury , appoint any person to act as his nominee, 
or one of his nominees, for the purposes of section 135; but an y issue of securities to any such nominee in pursuance of that section shall be effected in accordance with such directions as may be given from time to 
time by the Secretary of State with the consent of the Treasury . 
(2)Any person holding any securities as a nominee of the Secret ary of State by virtue of subsection (1) 
shall hold and deal with them (or any of them) on such terms an d in such manner as the Secretary of State 
may direct with the consent of the Treasury. 
137Target investment limit for Go vernment shareholding in nomin ated company 
(1)As soon as he considers it expedient, and in any case not la ter than six months after the nominated 
company ceases to be wholly owned by the Crown, the Secretary o f State shall by order fix a target 
investment limit in relation to the aggregate of the shares for  the time being held in the company, under or 
by virtue of any enactment, by any Minister of the Crown or any  nominee of his (“the Government 
shareholding”). 
(2)The target investment limit for the Government shareholding in the company shall be expressed as a 
proportion of the voting rights which are exercisable in all ci rcumstances at general meetings of the 
company (“the ordinary voting rights”). 
(3)The first target investment limit fixed under this section f or the Government shareholding in the company 
shall be equal to the proportion of the ordinary voting rights which is in fact carried by the Government 
shareholding in the company at the time when the order fixing t he limit is made. 
(4)The Secretary of State may from time to time by order fix a new target investment limit for the 
Government shareholding in the company in place of the one prev iously in force under this section; but— 
(a)any new limit must be lower than the one it replaces; and 
(b)an order under this section may only be revoked by an order fixing a new limit. 
(5)It shall be the duty of a Minister of the Crown so to exerci se— 
(a)any power to dispose of any shares held in the company under  or by virtue of any enactment, and 
(b)his power to give directions to any nominee of his, 
as to secure that the Government shareholding in the company do es not carry a proportion of the ordinary 
voting rights exceeding any target investment limit for the tim e being in force under this section. 
(6)Notwithstanding subsection (5), a Minister of the Crown may take up, or direct any nominee of his to 
take up, any rights for the time being available to him, or to the nominee, as an existing holder of shares or 
other securities of the company; but if, as a result, the propo rtion of the ordinary voting rights carried by the 
Government shareholding in the company at any time exceeds the target investment limit for the time being 
in force under this section, it shall be the duty of that Minis ter to comply with subsection (5) as soon after 
that time as is reasonably practicable. 
(7)References in this section to a Minister of the Crown includ e references to the Treasury; and for the 
purposes of this section the temporary suspension of any of the  ordinary voting rights shall be disregarded. (8)Any order under this section shall be subject to annulment i n pursuance of a resolution of either House 
of Parliament. 
138Reserves of nominated company 
(1)If the Secretary of State so directs at any time before the nominated company ceases to be wholly 
owned by the Crown, such sums as may be specified in the direct ion shall, instead of being applied in any 
other way, be carried by the company to a reserve (“the statuto ry reserve”). 
(2)The statutory reserve may only be applied by the nominated c ompany in paying up unissued shares of 
the company to be allotted to members of the company as fully p aid bonus shares. 
(3)Notwithstanding subsection (2), the statutory reserve shall not count as an undistributable reserve of the 
nominated company for the purposes of subsection (3)(d) of sect ion 264 of the [1985 c. 6.] Companies Act 
1985 (restriction on distribution of assets); but, for the purp ose of determining under that section whether 
the nominated company may make a distribution at any time, any amount for the time being standing to the 
credit of the statutory reserve shall be treated for the purpos es of subsection (3)(c) of that section as if it 
were unrealised profits of the company. 
139Loans by Secretary of State to nominated company 
(1)As from the transfer date the Secretary of State may, with t he consent of the Treasury, make loans to 
the nominated company out of money provided by Parliament; but no loan shall be made by him under this 
section at a time when the company has ceased to be wholly owne d by the Crown. 
(2)The aggregate amount outstanding in respect of the principal  of loans made by the Secretary of State 
under this section shall not exceed the limit specified in subs ection (3). 
(3)That limit is £20 million or such greater sum, not exceeding  £100 million, as the Secretary of State may 
from time to time specify by order made with the consent of the  Treasury. 
(4)Any loan made by the Secretary of State under this section s hall be repaid to him at such times and by 
such methods, and interest on the loan shall be paid to him at such times and at such rates, as he may 
from time to time direct with the consent of the Treasury. 
(5)An order shall not be made by the Secretary of State under t his section unless a draft of it has been laid 
before and approved by a resolution of the House of Commons. 
140Temporary restriction on borro wings of nominated company 
(1)The aggregate amount outstanding in respect of the principal  of any relevant borrowing of the nominated 
company shall not, at any time when the company is wholly owned  by the Crown, exceed such sum as the 
Secretary of State may determine with the consent of the Treasu ry. 
(2)In subsection (1) “relevant borrowing”, in relation to the n ominated company, means— 
(a)loans made to that company or to any subsidiary of that comp any, other than— 
(i)loans so made by any such subsidiary or (as the case may be)  by that company, and (ii)loans made to that company by the Secretary of State under section 139; and 
(b)loans which are to be treated as having been made to that co mpany, including loans which are to be 
treated as having been so made by virtue of the issue of debent ures in pursuance of section 135. 
General  
141Interpretation of Part IV 
(1)In this Part— 
• “the Commission” means the Indepen dent Television Commission; 
• “debentures” includes  debenture stock; 
• “the IBA” means the Independen t Broadcasting Authority; 
• “the nominated company” means the company nominated for the pur poses of section 127(1); 
• “securities”, in relation to a company, includes shares, debent ures, bonds and other securities of the company, 
whether or not constituting a c harge on the assets of the compa ny; 
• “shares” includes stock; 
• “subsidiary” has the meaning give n by section 736 of the [1985 c. 6.] Companies Act 1985; 
• “the transfer date” means the day  appointed under section 127(1 ). 
(2)Other expressions used in this Part which are also used in t he [1981 c. 68.] Broadcasting Act 1981 have 
the same meaning as in that Act. 
(3)The nominated company shall be regarded for the purposes of this Part as wholly owned by the Crown 
at any time when each of the issued shares in the company is he ld by, or by a nominee of, the Secretary of 
State. 
PART VTHE BROADCASTING COMPLAINTS COMMISSION  
142The Broadcasting Complaints Commission 
(1)The commission which at the commencement of this section is known as the Broadcasting Complaints 
Commission (in this Part referred to as “the BCC”) shall contin ue in existence as a body corporate but shall 
be constituted in accordance with, and have the functions confe rred by, this Part. 
(2)The BCC shall consist of not less than three members appoint ed by the Secretary of State. 
(3)The Secretary of State shall appoint one member of the BCC t o be chairman, and may appoint another 
to be deputy chairman. 
(4)Schedule 13 to this Act shall have effect with respect to th e BCC. 
143Function of BCC 
(1)Subject to the provisions of this Part, the function of the BCC shall be to consider and adjudicate upon 
complaints of— (a)unjust or unfair treatment in programmes to which this Part applies, or 
(b)unwarranted infringement of privacy in, or in connection wit h the obtaining of material included in, such 
programmes. 
(2)This Part applies to— 
(a)any television or sound programme broadcast by the BBC on or  after such date as is specified in an 
order made by the Secretary of State for the purposes of this s ubsection; 
(b)any television programme broadcast by the Welsh Authority on  or after that date; and 
(c)any television or sound programme included, on or after that  date, in a licensed service. 
144Making and entertaining of complaints 
(1)Complaints must be made in writing. 
(2)A complaint may be made by an individual or by a body of per sons, whether incorporated or not, but, 
subject to subsection (3), shall not be entertained by the BCC unless made by the person affected or by a 
person authorised by him to make the complaint for him. 
(3)Where the person affected is an individual who has died or i s for any other reason both unable to make 
a complaint himself and unable to authorise another person to d o so for him, a complaint may be made by 
the personal representative of the person affected, or by a mem ber of his family, or by some other person 
or body closely connected with him (whether as his employer, or  as a body of which he is or was at his 
death a member, or in any other way). 
(4)The BCC shall not entertain, or proceed with the considerati on of, a complaint if it appears to them— 
(a)that the complaint relates to the broadcasting of the releva nt programme, or to its inclusion in a licensed 
service, on an occasion more than five years after the death of  the person affected, or 
(b)that the unjust or unfair treatment or unwarranted infringem ent of privacy complained of is the subject of 
proceedings in a court of law in the United Kingdom, or 
(c)that the unjust or unfair treatment or unwarranted infringem ent of privacy complained of is a matter in 
respect of which the person affected has a remedy by way of pro ceedings in a court of law in the United 
Kingdom, and that in the particular circumstances it is not app ropriate for the BCC to consider a complaint 
about it, or 
(d)that the complaint is frivolous, 
or if it appears to them for any other reason inappropriate for  them to entertain, or proceed with the 
consideration of, the complaint. 
(5)The BCC may refuse to entertain a complaint if it appears to  them not to have been made within a 
reasonable time after the last occasion on which the relevant p rogramme was broadcast or, as the case 
may be, included in a licensed service. (6)Where, in the case of a complaint, the relevant programme wa s broadcast or included in a licensed 
service within five years after the death of the person affecte d, subsection (5) shall apply as if at the end 
there were added “within five years after the death of the pers on affected”. 
(7)The BCC may refuse to entertain— 
(a)a complaint of unjust or unfair treatment if the person name d as the person affected was not himself the 
subject of the treatment complained of and it appears to the BC C that he did not have a sufficiently direct 
interest in the subject-matter of that treatment to justify the  making of a complaint with him as the person 
affected; or 
(b)a complaint made under subsection (3) by a person other than  the person affected or a person 
authorised by him, if it appears to the BCC that the complainan t’s connection with the person affected is not 
sufficiently close to justify the making of the complaint by hi m. 
145Consideration of complaints 
(1)Subject to the provisions of section 144, every complaint ma de to the BCC shall be considered by them 
either at a hearing or, if they think fit, without a hearing. 
(2)Hearings under this section shall be held in private; and wh ere such a hearing is held in respect of a 
complaint, each of the following persons shall be given an oppo rtunity to attend and be heard, namely— 
(a)the complainant; 
(b)the relevant person; 
(c)where the relevant programme was included in a licensed serv ice, the appropriate regulatory body; 
(d)any person not falling within any of paragraphs (a) to (c) w ho appears to the BCC to have been 
responsible for the making or provision of that programme; and 
(e)any other person who the BCC consider might be able to assis t at the hearing. 
(3)Before they proceed to consider a complaint the BCC shall se nd a copy of it— 
(a)to the relevant person, and 
(b)where the relevant programme was included in a licensed serv ice, to the appropriate regulatory body. 
(4)Where the relevant person receives from the BCC a copy of th e complaint, it shall be the duty of that 
person, if so required by the BCC— 
(a)to provide the BCC with a visual or sound recording of the r elevant programme or of any specified part 
of it, if and so far as the relevant person has such a recordin g in his possession; 
(b)to make suitable arrangements for enabling the complainant t o view or hear the relevant programme, or 
any specified part of it, if and so far as the relevant person has in his possession a visual or sound 
recording of it; (c)to provide the BCC and the complainant with a transcript of so much of the relevant programme, or of 
any specified part of it, as consisted of speech, if and so far  as the relevant person is able to do so; 
(d)to provide the BCC and the complainant with copies of any do cuments in the possession of the relevant 
person being the originals or copies of any correspondence betw een that person and the person affected 
or the complainant in connection with the complaint; 
(e)to furnish to the BCC and the complainant a written statemen t in answer to the complaint. 
(5)For the purposes of this section, section 155 and section 16 7 it shall be the duty of each broadcasting 
body to retain a recording of every television or sound program me which is broadcast by that body— 
(a)where it is of a television programme, during the period of 90 days beginning with the broadcast, and 
(b)where it is of a sound programme, during the period of 42 da ys beginning with the broadcast. 
(6)Where the relevant person receives from the BCC a copy of a complaint, it shall be the duty of that 
person, if so required by the BCC— 
(a)where the relevant person is a broadcasting body, to arrange  for one or more of the governors, 
members or employees of the body to attend the BCC and assist t hem in their consideration of the 
complaint, or 
(b)where the relevant person is a body other than a broadcastin g body, to arrange for one or more of the 
following, namely— 
(i)the persons who take part in the management or control of th e body, or 
(ii)the employees of the body, 
to attend the BCC and assist them in their consideration of the  complaint, or 
(c)where the relevant person is an individual, to attend, or to  arrange for one or more of his employees to 
attend, the BCC and assist them in their consideration of the c omplaint. 
(7)Where the relevant person receives from the BCC a copy of a complaint and, in connection with the 
complaint, the BCC make to any other person a request to which this subsection applies, it shall be the 
duty of the relevant person to take such steps as he reasonably  can to ensure that the request is complied 
with. 
(8)Subsection (7) applies to the following requests by the BCC to any such other person as is there 
mentioned, namely— 
(a)a request to make suitable arrangements for enabling the com plainant and any member or employee of 
the BCC to view or hear the relevant programme, or any specifie d part of it, if and so far as the person 
requested has in his possession a visual or sound recording of it; (b)a request to provide the BCC and the complainant with a tran script of so much of the relevant 
programme, or of any specified part of it, as consisted of spee ch, if and so far as the person requested is 
able to do so; 
(c)a request to provide the BCC and the complainant with copies  of any documents in the possession of 
the person requested, being the originals or copies of any corr espondence between that person and the 
person affected or the complainant in connection with the compl aint; 
(d)a request to furnish to the BCC and the complainant a writte n statement in answer to the complaint; 
(e)a request to attend, or (where the person requested is not a n individual) to arrange for a representative 
to attend, the BCC and assist them in their consideration of th e complaint. 
(9)The BCC may, if they think fit, make to any person who atten ds them in connection with a complaint 
such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure 
on travelling or, as the case may be, on subsistence is necessa rily incurred by him for the purpose of 
enabling him so to attend. 
(10)In this section “the relevant person” means— 
(a)in a case where the relevant programme was broadcast by a br oadcasting body, that body; and 
(b)in a case where the relevant programme was included in a lic ensed service, the licence holder providing 
the service. 
146Publication of BCC’s findings 
(1)Where the BCC have considered and adjudicated upon a complai nt, they may give the following 
directions, namely— 
(a)where the relevant programme was broadcast by a broadcasting  body, directions requiring that body to 
publish the matters mentioned in subsection (2) in such manner,  and within such period, as may be 
specified in the directions; and 
(b)where the relevant programme was included in a licensed serv ice, directions requiring the appropriate 
regulatory body to direct the licence holder to publish those m atters in such manner, and within such 
period, as may be so specified. 
(2)Those matters are— 
(a)a summary of the complaint; and 
(b)the BCC’s findings on the complaint or a summary of them. 
(3)The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as 
may be approved by the BCC. 
(4)A broadcasting or regulatory body shall comply with any dire ctions given to them under this section. (5)Any licence to provide a licensed service which is granted b y a regulatory body under this Act shall 
include conditions requiring the licence holder to comply with such directions as may be given to him by 
that body for the purpose of enabling them to comply with any d irections given to them under this section. 
(6)The BCC shall publish, at such intervals and in such manner as they think fit, reports each containing, as 
regards every complaint within this subsection which has been d ealt with by them in the period covered by 
the report, a summary of the complaint and the action taken by them on it and, where they have 
adjudicated upon it, a summary of their findings. 
(7)A complaint made to the BCC is within subsection (6) unless it is one which they are precluded from 
entertaining by section 144(2). 
(8)The BCC may, if they think fit, omit from any summary includ ed in a report under subsection (6) any 
information which could lead to the disclosure of the identity of any person connected with the complaint in 
question other than— 
(a)a broadcasting or regulatory body; or 
(b)a person providing a licensed service. 
147Duty to publicise BCC 
(1)It shall be the duty of each broadcasting or regulatory body  to arrange for the publication (by means of 
broadcasts or otherwise) of regular announcements publicising t he BCC. 
(2)Any such announcements may contain a statement of the differ ence between the kinds of complaints 
that may be considered by the BCC and those that may be conside red by the Broadcasting Standards 
Council established by this Act. 
(3)Any licence to provide a licensed service which is granted b y a regulatory body under this Act shall 
include conditions requiring the licence holder to comply with such directions as may be given to him by 
that body in connection with the performance by them of their d uty under subsection (1). 
148Annual reports 
(1)As soon as possible after the end of every financial year th e BCC shall prepare a report of their 
proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each 
House of Parliament. 
(2)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement. 
(3)The BCC shall send a copy of the report— 
(a)to each broadcasting or regulatory body; and 
(b)to every person providing a licensed service. 
149Contributions towards cost of BCC (1)For the financial year which includes the commencement of th is section and each subsequent financial 
year the Secretary of State shall notify— 
(a)to each regulatory body the sum which he considers to be the  appropriate contribution of that body, in 
respect of persons providing licensed services under licences g ranted by that body, towards the expenses 
of the BCC; and 
(b)to the Welsh Authority the sum which he considers to be the appropriate contribution of that body 
towards such expenses. 
(2)Each regulatory body and the Welsh Authority shall pay to th e Secretary of State any sum notified to 
them under subsection (1). 
150Interpretation of Part V 
In this Part— 
• “appropriate regulatory body”, in relation to a programme inclu ded in a licensed service, means the regulatory body 
by whom that service is licensed; 
• “the BCC” means the Broadcas ting Complaints Commission; 
• “broadcasting body” means the BBC  or the Welsh Authority; 
• “complaint” means a complaint to the BCC of any such unjust or unfair treatment or unwa rranted infringement of 
privacy as is mentione d in section 143(1); 
• “licensed service” means— 
(a) 
a television programme service ( within the meaning of Part I of  this Act), or 
(b) 
an independent radio service falli ng within paragraph (a) or (b ) of section 84(1), 
which is licensed under Part I or (as the case may be) Part III  of this Act, or any additional service (within the 
meaning of Part I or III of this A ct) which is licensed under t hat Part of this Act and consti tutes a teletext service; 
• “participant”, in relation to a programme, means a person who a ppeared, or whose voice was heard, in the 
programme; 
• “the person affected”— 
(a) 
in relation to any such unjust or unfair treatment as is mentio ned in section 143(1), means a participant in the 
programme in question who was the subject of that treatment or a person who, whether such a participant or not, 
had a direct interest in the su bject-matter of that treatment; and 
(b) 
in relation to any such unwarrant ed infringement of privacy as is so mentioned, means a person whose privacy 
was infringed; • “regulatory body” means the Inde pendent Television Commission o r the Radio Authority; 
• “the relevant programme”, in re lation to a complaint, means the  programme to which the complaint relates; 
• “television programme” includes a teletext transmission, and re ferences to programmes shall be construed 
accordingly; 
• “unjust or unfair treatment” incl udes treatment which is unjust  or unfair because of the way in which material 
included in a programme has  been selected or arranged. 
PART VITHE BROADCASTING STANDARDS COUNCIL  
151The Broadcasting Standards Council 
(1)The council which at the commencement of this section is kno wn as the Broadcasting Standards Council 
shall be, by that name, a body corporate and as such shall be c onstituted in accordance with, and have the 
functions conferred by, this Act. 
(2)The Council shall consist of— 
(a)a chairman and a deputy chairman appointed by the Secretary of State; and 
(b)such number of other members appointed by the Secretary of S tate, not being less than four, as he may 
from time to time determine. 
(3)Schedule 14 to this Act shall have effect with respect to th e Council. 
152Preparation by Council of code  relating to broadcasting stan dards 
(1)It shall be the duty of the Council to draw up, and from tim e to time review, a code giving guidance as 
to— 
(a)practices to be followed in connection with the portrayal of  violence in programmes to which this Part 
applies, 
(b)practices to be followed in connection with the portrayal of  sexual conduct in such programmes, and 
(c)standards of taste and decency for such programmes generally . 
(2)This Part applies to— 
(a)any television or sound programme broadcast by the BBC; 
(b)any television programme broadcast by the Welsh Authority; a nd 
(c)any television or sound programme included in a licensed ser vice. 
(3)It shall be the duty of each broadcasting or regulatory body , when drawing up or revising any code 
relating to standards and practice for programmes, to reflect t he general effect of so much of the code 
referred to in subsection (1) (as for the time being in force) as is relevant to the programmes in question. 
(4)The Council shall from time to time publish the code referre d to in subsection (1) (as for the time being in 
force). (5)Before drawing up or revising the code the Council shall con sult— 
(a)each broadcasting or regulatory body; and 
(b)such other persons as appear to the Council to be appropriat e. 
153Monitoring by Council of broadcasting standards 
(1)It shall be the duty of the Council to monitor programmes to  which this Part applies with a view to 
enabling the Council— 
(a)to make reports on the portrayal of violence and sexual cond uct in, and the standards of taste and 
decency attained by, such programmes generally, and 
(b)to determine whether to issue complaints in respect of such programmes under section 154(7). 
(2)Subject to section 160(2), the Council may make reports on t he matters specified in subsection (1)(a) on 
such occasions as they think fit; and any such report may inclu de an assessment of either or both of the 
following, namely— 
(a)the attitudes of the public at large towards the portrayal o f violence or sexual conduct in, or towards the 
standards of taste and decency attained by, programmes to which  this Part applies; and 
(b)any effects or potential effects on the attitudes or behavio ur of particular categories of persons of the 
portrayal of violence or sexual conduct in such programmes or o f any failure on the part of such 
programmes to attain such standards. 
(3)The Council may publish any report made by them in pursuance  of subsection (1)(a). 
(4)The Council shall have the further duty of monitoring, so fa r as is reasonably practicable, all television 
and sound programmes which are transmitted or sent from outside  the United Kingdom but are capable of 
being received there, with a view to ascertaining— 
(a)how violence and sexual conduct are portrayed in those progr ammes; and 
(b)the extent to which those programmes meet standards of taste  and decency. 
(5)The Council may make a report to the Secretary of State on a ny issues identified by them in the course 
of carrying out their duty under subsection (4) and appearing t o them to raise questions of general 
broadcasting policy. 
154Consideration by Council of co mplaints relating to broadcast ing standards 
(1)Subject to the provisions of this section, it shall be the d uty of the Council to consider complaints which 
are made to them under this section and relate— 
(a)to the portrayal of violence or sexual conduct in programmes  to which this Part applies, or 
(b)to alleged failures on the part of such programmes to attain  standards of taste and decency, 
and to make findings on such complaints, taking into account an y relevant provisions of the code. (2)Any such complaint must be in writing and give particulars o f the matters complained of. 
(3)The Council shall not entertain a complaint which is made— 
(a)where the relevant programme is a television programme, more  than two months after the relevant date, 
or 
(b)where the relevant programme is a sound programme, more than  three weeks after that date, 
unless it appears to them that in the particular circumstances it is appropriate for them to do so. 
(4)In subsection (3) “the relevant date” means— 
(a)the date on which the relevant programme was broadcast by a broadcasting body or included in a 
licensed service, or 
(b)where it has been so broadcast or included on more than one occasion, the date on which it was last so 
broadcast or included. 
(5)The Council shall not entertain, or proceed with the conside ration of, a complaint if it appears to them— 
(a)that the matter complained of is the subject of proceedings in a court of law in the United Kingdom, or 
(b)that the matter complained of is a matter in respect of whic h the complainant has a remedy by way of 
proceedings in a court of law in the United Kingdom, and that i n the particular circumstances it is not 
appropriate for the Council to consider a complaint about it, o r 
(c)that the complaint is frivolous, or 
(d)that for any other reason it is inappropriate for them to en tertain, or proceed with the consideration of, 
the complaint. 
(6)Where, apart from this subsection, there would fall to be co nsidered by the Council two or more 
complaints which appear to them to raise the same, or substanti ally the same, issue or issues in relation to 
a particular programme, the Council may determine that those co mplaints shall be treated for the purposes 
of this Part as constituting a single complaint. 
(7)If it appears to the Council to be appropriate to do so, the y may of their own motion issue complaints 
relating to matters falling within subsection (1)(a) or (b). 
(8)Any such complaint shall give particulars of the matters com plained of. 
155Consideration of complaints 
(1)Subject to the provisions of section 154, every complaint ma de to or issued by the Council under that 
section shall be considered by them either without a hearing or , if they think fit, at a hearing (and any such 
hearing shall be held in private unless the Council decide othe rwise). 
(2)Before the Council proceed to consider a complaint they shal l send a copy of it— 
(a)to the relevant person; and (b)where the relevant programme was included in a licensed serv ice, to the appropriate regulatory body. 
(3)Where the relevant person receives from the Council a copy o f the complaint, it shall be the duty of that 
person, if so required by the Council— 
(a)to provide the Council with a visual or sound recording of t he relevant programme or any specified part 
of it, if and so far as he has such a recording in his possessi on; 
(b)to provide the Council with a transcript of so much of the r elevant programme, or of any specified part of 
it, as consisted of speech, if and so far as he is able to do s o; 
(c)to provide the Council with copies of any documents in his p ossession, being the originals or copies of 
any correspondence between him and the complainant in connectio n with the complaint; 
(d)to furnish to the Council a written statement in answer to t he complaint. 
(4)Where a hearing is held in respect of a complaint, the follo wing persons shall be given an opportunity to 
attend and be heard, namely— 
(a)the complainant; 
(b)the relevant person; 
(c)where the relevant programme was included in a licensed serv ice, the appropriate regulatory body; 
(d)any person not within any of paragraphs (a) to (c) who appea rs to the Council to have been responsible 
for the making or provision of that programme; and 
(e)any other person who the Council consider might be able to a ssist at the hearing. 
(5)In a case where the Council have made a determination in res pect of any complaints under subsection 
(6) of section 154, subsection (4)(a) above shall be construed as referring to such one or more of the 
persons who made those complaints as the Council may determine;  and in relation to a complaint issued 
by the Council under subsection (7) of that section, subsection  (4) above shall have effect as if paragraph 
(a) were omitted. 
(6)The Council may, if they think fit, make to any person who a ttends a hearing in connection with a 
complaint such payments as they think fit by way of travelling allowance or subsistence allowance where 
expenditure on travelling or, as the case may be, on subsistenc e is necessarily incurred by him for the 
purpose of enabling him so to attend. 
(7)In this section “the relevant person” means— 
(a)in a case where the relevant programme was broadcast by a br oadcasting body, that body; and 
(b)in a case where the relevant programme was included in a lic ensed service, the licence holder providing 
that service. 
156Publication of Council’s findings (1)Where the Council have considered and made their findings on  any complaint, they may give the 
following directions, namely— 
(a)where the relevant programme was broadcast by a broadcasting  body, directions requiring that body to 
publish the matters mentioned in subsection (2) in such manner,  and within such period, as may be 
specified in the directions; and 
(b)where the relevant programme was included in a licensed serv ice, directions requiring the appropriate 
regulatory body to direct the licence holder to publish those m atters in such manner, and within such 
period, as may be so specified. 
(2)Those matters are— 
(a)a summary of the complaint; and 
(b)the Council’s findings, and any observations by them, on the  complaint, or a summary of those findings 
and any such observations. 
(3)The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as 
may be approved by the Council. 
(4)A broadcasting or regulatory body shall comply with any dire ctions given to them under this section. 
(5)Any licence to provide a licensed service which is granted b y a regulatory body under this Act shall 
include conditions requiring the licence holder to comply with such directions as may be given to him by 
that body for the purpose of enabling them to comply with any d irections given to them under this section. 
157Power of Council to commission research 
(1)The Council may make arrangements for the undertaking of res earch into matters related to or 
connected with— 
(a)the portrayal of violence or sexual conduct in programmes to  which this Part applies, or 
(b)standards of taste and decency for such programmes generally . 
(2)The matters into which research may be undertaken in pursuan ce of subsection (1) include, in particular, 
matters falling within section 153(2)(a) and (b). 
(3)Arrangements made under subsection (1) shall secure that, so  far as is reasonably practicable, any 
research undertaken in pursuance of the arrangements is underta ken by persons who are neither members 
nor employees of the Council. 
(4)The Council may publish the results of any research undertak en in pursuance of subsection (1). 
158International representation by  Council of Government intere sts 
The functions of the Council shall include representing Her Maj esty’s Government in the United Kingdom, at 
the request of the Secretary of State, on international bodies concerned with setting standards for television 
programmes. 159Duty to publicise Council 
(1)It shall be the duty of each broadcasting or regulatory body  to arrange for the publication (by means of 
broadcasts or otherwise) of regular announcements publicising t he Council. 
(2)Any such announcements may contain a statement of the differ ence between the kinds of complaints 
that may be considered by the Council and those that may be con sidered by the Broadcasting Complaints 
Commission. 
(3)Any licence to provide a licensed service which is granted b y a regulatory body under this Act shall 
include conditions requiring the licence holder to comply with such directions as may be given to him by 
that body in connection with the performance by them of their d uty under subsection (1). 
160Annual reports 
(1)As soon as possible after the end of every financial year th e Council shall prepare a report of their 
proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each 
House of Parliament. 
(2)The report shall include a report by the Council on the matt ers specified in section 153(1)(a). 
(3)The Council shall send a copy of the report— 
(a)to each broadcasting or regulatory body; and 
(b)to every person providing a licensed service. 
161Interpretation of Part VI 
(1)In this Part— 
• “the appropriate regulatory body”, in relation to a programme i ncluded in a licensed service, means the regulatory 
body by whom that service is licensed; 
• “broadcasting body” means the BBC  or the Welsh Authority; 
• “the code” means the code referr ed to in section 152(1) (as for  the time being in force); 
• “the Council” means the Broadca sting Standards Council; 
• “licensed service” means— 
(a) 
a television programme service ( within the meaning of Part I of  this Act), or 
(b) 
an independent radio service falli ng within paragraph (a) or (b ) of section 84(1), 
which is licensed under Part I or (as the case may be) Part III  of this Act, or so much of any licensed delivery service 
(within the meaning of Part II of this Act) as is, by virtue of  section 79(2) or (4), treated as the provision of a service 
licensed under Part I of this Act; 
• “regulatory body” means the Inde pendent Television Commission o r the Radio Authority; • “the relevant programme”, in re lation to a complaint, means the  programme to which the complaint relates; 
• “sexual conduct” means any form o f sexual activity or other sex ual behaviour. 
(2)Any reference in this Part to programmes to which this Part applies shall be construed in accordance 
with section 152(2). 
PART VIIPROHIBITION ON INCLUSION OF OBSCENE AND OTHER MATERIAL IN PROGRAMME 
SERVICES  
Obscenity  
162Obscenity in programme services: England and Wales 
(1)In section 1 of the [1959 c. 66.] Obscene Publications Act 1 959 (test of obscenity)— 
(a)the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have 
effect; and 
(b)the following subsections shall be added after that subsecti on— 
“(4)For the purposes of this Act a person also publishes an art icle to the extent that any matter recorded on 
it is included by him in a programme included in a programme se rvice. 
(5)Where the inclusion of any matter in a programme so included  would, if that matter were recorded 
matter, constitute the publication of an obscene article for th e purposes of this Act by virtue of subsection 
(4) above, this Act shall have effect in relation to the inclus ion of that matter in that programme as if it were 
recorded matter. 
(6)In this section “programme” and “programme service” have the  same meaning as in the Broadcasting 
Act 1990.” 
(2)Schedule 15 to this Act shall have effect for the purpose of  supplementing subsection (1) above. 
163Obscenity in programme services: Scotland 
(1)Section 51 of the [1982 c. 45.] Civic Government (Scotland) Act 1982 (offences of displaying, publishing, 
etc. of obscene material) shall be amended in accordance with t he following provisions of this section. 
(2)After subsection (2) there shall be inserted the following s ubsection— 
“(2A)Subject to subsection (4) below, any person who— 
(a)is responsible for the inclusion of any obscene material in a programme included in a programme 
service; or 
(b)with a view to its eventual inclusion in a programme so incl uded, makes, prints, has or keeps any 
obscene material, 
shall be guilty of an offence under this section.” 
(3)In subsection (6), paragraph (a) shall cease to have effect.  (4)In subsection (8)— 
(a)in the definition of “material”, the words from “and” onward s shall be omitted; 
(b)after the definition of “prescribed sum” there shall be inse rted— 
““programme” and “programme service” have the same meaning as i n the Broadcasting Act 1990;” and 
(c)the word “showing,” shall be omitted. 
Racially inflammatory material etc.  
164Inclusion in programme services in Great Britain of racially  inflammatory material 
(1)Part III of the [1986 c. 64.] Public Order Act 1986 (racial hatred) shall be amended as follows. 
(2)In each of the following provisions, namely— 
(a)section 18(6) (exemption from prohibition applying to use of  threatening words etc.), 
(b)section 20(3)(c) (exemption from prohibition applying to pub lic performances of plays), and 
(c)section 21(4) (exemption from prohibition applying to distri bution etc. of recordings), 
for “broadcast or included in a cable programme service” there shall be substituted “included in a programme 
service”. 
(3)In section 22 (broadcasting or including programme in cable programme service)— 
(a)in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcas t or included in a cable programme service”, 
wherever occurring, there shall be substituted “included in a p rogramme service”; and 
(b)the following provisions shall be omitted, namely— 
(i)in subsection (2), the words “broadcasting or cable”, 
(ii)in subsections (4)(b) and (5)(b), the words “broadcast or”,  wherever occurring, 
(iii)subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), 
and 
(iv)subsection (8) (application of certain provisions of the [1 984 c. 46.] Cable and Broadcasting Act 1984). 
(4)In section 23 (possession of racially inflammatory material) — 
(a)in subsection (1), for “broadcast or included in a cable pro gramme service”, wherever occurring, there 
shall be substituted “or included in a programme service”; 
(b)in subsection (2), for “broadcasting or inclusion in a cable  programme service” there shall be substituted 
“or inclusion in a programme service”; and 
(c)subsection (4) (exemption for material kept by BBC or Indepe ndent Broadcasting Authority) shall be 
omitted. (5)In section 29 (interpretation)— 
(a)the definitions of “broadcast” and “cable programme service”  shall be omitted; 
(b)in the definition of “programme”, for “broadcast or included  in a cable programme service” there shall be 
substituted “included in a programme service”; and 
(c)the following definition shall be inserted after that defini tion— 
““programme service” has the same meaning as in the Broadcastin g Act 1990;”. 
165Inclusion in programme services in Northern Ireland of mater ial likely to stir up hatred etc 
(1)Part III of the [S.I.1987/463 (N.I.7).] Public Order (Northe rn Ireland) Order 1987 (stirring up hatred or 
arousing fear) shall be amended as follows. 
(2)In each of the following provisions, namely— 
(a)Article 9(5) (exemption from prohibition applying to use of threatening words etc.), and 
(b)Article 11(4) (exemption from prohibition applying to distri bution etc. of recordings), 
for “broadcast or included in a cable programme service” there shall be substituted “included in a programme 
service”. 
(3)In Article 12 (broadcasting or including programme in cable programme service)— 
(a)in paragraphs (1), (3)(b), (4)(a) and (5)(a), for “broadcast  or included in a cable programme service”, 
wherever occurring, there shall be substituted “included in a p rogramme service”; and 
(b)the following provisions shall be omitted— 
(i)in paragraph (2)(a), the words “broadcasting or cable”, 
(ii)in paragraphs (4)(b) and (5)(b), the words “broadcast or”, wherever occurring, 
(iii)paragraph (7) (exemption for programmes broadcast by BBC o r Independent Broadcasting Authority), 
and 
(iv)paragraph (8) (application of certain provisions of [1984 c . 46.] Cable and Broadcasting Act 1984). 
(4)In Article 13 (possession of matter intended or likely to st ir up hatred or arouse fear)— 
(a)in paragraph (1), for “broadcast or included in a cable prog ramme service”, wherever occurring, there 
shall be substituted “or included in a programme service”; 
(b)in paragraph (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted 
“or inclusion in a programme service”; and 
(c)paragraph (4) (exemption for material kept by BBC or Indepen dent Broadcasting Authority) shall be 
omitted. 
(5)In Article 17 (interpretation)— (a)the definitions of “broadcast” and “cable programme service”  shall be omitted; 
(b)in the definition of “programme”, for “broadcast or included  in a cable programme service” there shall be 
substituted “included in a programme service”; and 
(c)the following definition shall be inserted after that defini tion— 
• ““programme service” has the same meaning as in the Broadcastin g Act 1990;”. 
Defamation  
166Defamatory material 
(1)For the purposes of the law of libel and slander (including the law of criminal libel so far as it relates to 
the publication of defamatory matter) the publication of words in the course of any programme included in a 
programme service shall be treated as publication in permanent form. 
(2)Subsection (1) above shall apply for the purposes of section  3 of each of the Defamation Acts (slander 
of title etc.) as it applies for the purposes of the law of lib el and slander. 
(3)Section 7 of each of those Acts (qualified privilege of news papers) shall apply in relation to— 
(a)reports or matters included in a programme service, and 
(b)any inclusion in such a service of any such report or matter , 
as it applies in relation to reports and matters published in a  newspaper and to publication in a newspaper; 
and subsection (2) of that section shall have effect, in relati on to any such inclusion, as if for the words “in 
the newspaper in which” there were substituted the words “in th e programme service in which”. 
(4)In this section “the Defamation Acts” means the [1952 c. 66. ] Defamation Act 1952 and the [1955 c. 11 
(N.I.).] Defamation Act (Northern Ireland) 1955. 
(5)Subsections (1) and (2) above do not extend to Scotland. 
Supplementary  
167Power to make copies of recordings 
(1)If a justice of the peace is satisfied by information on oat h laid by a constable that there is reasonable 
ground for suspecting that a relevant offence has been committe d by any person in respect of a 
programme included in a programme service, he may make an order  authorising any constable to require 
that person— 
(a)to produce to the constable a visual or sound recording of a ny matter included in that programme, if and 
so far as that person is able to do so; and 
(b)on the production of such a recording, to afford the constab le an opportunity of causing a copy of it to be 
made. (2)An order made under this section shall describe the programm e to which it relates in a manner sufficient 
to enable that programme to be identified. 
(3)A person who without reasonable excuse fails to comply with any requirement of a constable made by 
virtue of subsection (1) shall be guilty of an offence and liab le on summary conviction to a fine not 
exceeding the third level on the standard scale. 
(4)No order shall be made under this section in respect of any recording in respect of which a warrant could 
be granted under any of the following provisions, namely— 
(a)section 3 of the [1959 c. 66.] Obscene Publications Act 1959 ; 
(b)section 24 of the [1986 c. 64.] Public Order Act 1986; and 
(c)Article 14 of the [S.I.1987/463 (N.I.7).] Public Order (Nort hern Ireland) Order 1987. 
(5)In the application of subsection (1) to England and Wales “r elevant offence” means an offence under— 
(a)section 2 of the Obscene Publications Act 1959; or 
(b)section 22 of the Public Order Act 1986. 
(6)In the application of subsection (1) to Scotland— 
(a)“relevant offence” means an offence under— 
(i)section 51 of the [1982 c. 45.] Civic Government (Scotland) Act 1982, or 
(ii)section 22 of the Public Order Act 1986; 
(b)the reference to a justice of the peace shall include a refe rence to the sheriff; and 
(c)for the reference to information on oath there shall be subs tituted a reference to evidence on oath. 
(7)In the application of subsection (1) to Northern Ireland— 
(a)“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987; 
(b)for the reference to a justice of the peace there shall be s ubstituted a reference to a resident magistrate; 
and 
(c)for the reference to information on oath laid by a constable  there shall be substituted a reference to a 
complaint on oath made by a constable. 
PART VIIIPROVISIONS RELATING TO WIRELESS TELEGRAPHY  
168Offence of keeping wireless telegraphy station or apparatus available for unauthorised use 
The following section shall be inserted after section 1 of the [1949 c. 54.] Wireless Telegraphy Act 1949 (in 
this Part referred to as “the 1949 Act”)— 
“1AOffence of keeping wireless telegraphy station or apparatus a vailable for unauthorised use 
Any person who has any station for wireless telegraphy or appar atus for wireless telegraphy in his possession 
or under his control and either— (a)intends to use it in contravention of section 1 of this Act;  or 
(b)knows, or has reasonable cause to believe, that another pers on intends to use it in contravention of that 
section, 
shall be guilty of an offence.” 
169Offence of allowing premises to  be used for purpose of unlaw ful broadcasting 
The following section shall be inserted in the 1949 Act after t he section 1A inserted by section 168 above— 
“1BOffence of allowing premises to  be used for purpose of unlawf ul broadcasting 
(1)A person who is in charge of any premises which are used for  making an unlawful broadcast, or for 
sending signals for the operation or control of any apparatus u sed for the purpose of making an unlawful 
broadcast from any other place, shall be guilty of an offence i f— 
(a)he knowingly causes or permits the premises to be so used; o r 
(b)having reasonable cause to believe that the premises are bei ng so used, he fails to take such steps as 
are reasonable in the circumstances of the case to prevent the premises from being so used. 
(2)For the purposes of this section a person is in charge of an y premises if he— 
(a)is the owner or occupier of the premises; or 
(b)has, or acts or assists in, the management or control of the  premises. 
(3)For the purposes of this section a broadcast is unlawful if—  
(a)it is made by means of the use of any station for wireless t elegraphy or apparatus for wireless telegraphy 
in contravention of section 1 of this Act; or 
(b)the making of the broadcast contravenes any provision of the  Marine, &c., Broadcasting (Offences) Act 
1967. 
(4)In this section— 
• “broadcast” has the same meani ng as in the Marine, &c., Broadca sting (Offences) Act 1967; 
• “premises” includes any place and, in particular, includes— 
(a) 
any vehicle, vessel or aircraft; and 
(b) 
any structure or other object (w hether movable or otherwise and  whether on land or otherwise).” 
170Prohibition of acts facilita ting unauthorised broadcasting 
The following section shall be inserted in the 1949 Act after t he section 1B inserted by section 169 above— 
“1CProhibition of acts facilita ting unauthorised broadcasting 
(1)If a person— (a)does any of the acts mentioned in subsection (2) in relation  to a broadcasting station by which 
unauthorised broadcasts are made, and 
(b)if any knowledge or belief or any circumstances is or are sp ecified in relation to the act, does it with that 
knowledge or belief or in those circumstances, 
he shall be guilty of an offence. 
(2)The acts referred to in subsection (1) are— 
(a)participating in the management, financing, operation or day -to-day running of the station knowing, or 
having reasonable cause to believe, that unauthorised broadcast s are made by the station; 
(b)supplying, installing, repairi ng or maintaining any wireless  telegraphy apparatus or any other item 
knowing, or having reasonable cause to believe, that the appara tus or other item is to be, or is, used for the 
purpose of facilitating the operation or day-to-day running of the station and that unauthorised broadcasts 
are made by the station; 
(c)rendering any other service to any person knowing, or having  reasonable cause to believe, that the 
rendering of that service to that person will facilitate the op eration or day-to-day running of the station and 
that unauthorised broadcasts are so made; 
(d)supplying a film or sound recording knowing, or having reaso nable cause to believe, that an 
unauthorised broadcast of the film or recording is to be so mad e; 
(e)making a literary, dramatic or musical work knowing, or havi ng reasonable cause to believe, that an 
unauthorised broadcast of the work is to be so made; 
(f)making an artistic work knowing, or having reasonable cause to believe, that an unauthorised broadcast 
including that work is to be so made; 
(g)doing any of the following acts, namely— 
(i)participating in an unauthorised broadcast made by the stati on, being actually present as an announcer, 
as a performer or one of the performers concerned in an enterta inment given, or as the deliverer of a 
speech; 
(ii)advertising, or inviting another to advertise, by means of an unauthorised broadcast made by the station; 
or 
(iii)publishing the times or other details of any unauthorised broadcasts made by the station or (otherwise 
than by publishing such details) publishing an advertisement of  matter calculated to promote the station 
(whether directly or indirectly), 
knowing, or having reasonable cause to believe, that unauthoris ed broadcasts are made by the station. (3)In any proceedings against a person for an offence under thi s section consisting in the supplying of any 
thing or the rendering of any service, it shall be a defence fo r him to prove that he was obliged, under or by 
virtue of any enactment, to supply that thing or render that se rvice. 
(4)If, by means of an unauthorised broadcast made by a broadcas ting station, it is stated, suggested or 
implied that any entertainment of which a broadcast is so made has been supplied by, or given at the 
expense of, a person, then for the purposes of this section he shall, unless he proves that it was not so 
supplied or given, be deemed thereby to have advertised. 
(5)Section 46 of the Consumer Protection Act 1987 shall have ef fect for the purpose of construing 
references in this section to the supply of any thing as it has  effect for the purpose of construing references 
in that Act to the supply of any goods. 
(6)In this section— 
• “broadcast” has the same meani ng as in the Marine, &c., Broadca sting (Offences) Act 1967; 
• “broadcasting station” means any  business or other operation (w hether or not in the nature of  a commercial venture) 
which is engaged in the making of broadcasts; 
• “film”, “sound recording”, “liter ary, dramatic or musical work”  and “artistic work” have the same meaning as in Part 
I of the Copyright, Designs and Patents Act 1988; 
• “speech” includes lecture, address and sermon; and 
• “unauthorised broadcast” means a  broadcast made by means of the  use of a station for wireless telegraphy or 
wireless telegraphy apparatus in contravention of section 1 of this Act.” 
171Amendments of the Marine, &c., Broadcasting (Offences) Act 1 967 
The [1967 c. 41.] Marine, &c., Broadcasting (Offences) Act 1967  shall have effect subject to the amendments 
specified in Schedule 16 (which include amendments that impose further restrictions on broadcasting at sea 
and on acts facilitating such broadcasting). 
172Amendments of provisions of 1949 Act relating to penalties a nd forfeiture 
(1)Section 14 of the 1949 Act (penalties and legal proceedings)  shall be amended as follows. 
(2)In subsection (1), the following paragraphs shall be inserte d before paragraph (a)— 
“(aa)any offence under section 1(1) of this Act other than one falling within subsection (1A)(a) of this 
section; 
(ab)any offence under section 1A of this Act other than one fal ling within subsection (1A)(aa) of this 
section; 
(ac)any offence under section 1B or 1C of this Act;”. 
(3)In subsection (1A), the following paragraph shall be inserte d after paragraph (a)— “(aa)any offence under section 1A of this Act committed in rela tion to any wireless telegraphy apparatus not 
designed or adapted for emission (as opposed to reception);”. 
(4)The following subsections shall be substituted for subsectio n (3)— 
“(3)Where a person is convicted of — 
(a)an offence under this Act consisting in any contravention of  any of the provisions of Part I of this Act in 
relation to any station for wireless telegraphy or any wireless  telegraphy apparatus (including an offence 
under section 1B or 1C of this Act) or in the use of any appara tus for the purpose of interfering with any 
wireless telegraphy; 
(b)any offence under section 12A of this Act; 
(c)any offence under the Marine, &c., Broadcasting (Offences) A ct 1967; or 
(d)any offence under this Act which is an offence under section  7 of the Wireless Telegraphy Act 1967 
(whether as originally enacted or as substituted by section 77 of the Telecommunications Act 1984), 
the court may, in addition to any other penalty, order such of the following things to be forfeited to the 
Secretary of State as the court considers appropriate, that is to say— 
(i)any vehicle, vessel or aircraft, or any structure or other o bject, which was used in connection with the 
commission of the offence; 
(ii)any wireless telegraphy apparatus or other apparatus in rel ation to which the offence was committed or 
which was used in connection with the commission of it; 
(iii)any wireless telegraphy apparatus or other apparatus not f alling within paragraph (ii) above which was, 
at the time of the commission of the offence, in the possession  or under the control of the person convicted 
of the offence and was intended to be used (whether or not by t hat person) in connection with the making 
of any broadcast or other transmission that would contravene se ction 1 of this Act or any provision of the 
Marine, &c., Broadcasting (Offences) Act 1967. 
(3AA)The power conferred by virtue of subsection (3)(a) above d oes not apply in a case where the offence 
is any such offence as is mentioned in subsection (1A)(a) or (a a) above. 
(3AB)References in subsection (3)(ii) or (iii) above to apparat us other than wireless telegraphy apparatus 
include references to— 
(a)recordings; 
(b)equipment designed or adapted for use— 
(i)in making recordings; or 
(ii)in reproducing from recordings any sounds or visual images;  and 
(c)equipment not falling within paragraphs (a) and (b) above bu t connected, directly or indirectly, to wireless 
telegraphy apparatus.” (5)In subsection (3E), for the words from “(whether” to “provis ion” there shall be substituted “, shall be 
treated as an offence committed under the same provision, and a t the same time,”. 
173Extension of search and seizure  powers in relation to unlawf ul broadcasting etc 
(1)In subsection (1) of section 15 of the 1949 Act (entry and s earch of premises)— 
(a)after “Act” there shall be inserted “or under the Marine, &c ., Broadcasting (Offences) Act 1967”; and 
(b)the words “and named in the warrant,” shall be omitted. 
(2)In subsection (2) of that section, the words “and named in t he authorisation” shall be omitted. 
(3)The following subsection shall be inserted after subsection (2) of that section— 
“(2A)Without prejudice to any power exercisable by him apart fr om this subsection, a person authorised by 
the Secretary of State or (as the case may be) by the BBC to ex ercise any power conferred by this section 
may use reasonable force, if necessary, in the exercise of that  power.” 
(4)In subsection (1)(b) of section 79 of the [1984 c. 12.] Tele communications Act 1984 (seizure of 
apparatus and other property used in committing certain offence s connected with wireless telegraphy), the 
following paragraphs shall be inserted after “reception);”— 
“(ba)any offence under section 5(b) of that Act; 
(bb)any offence under the Marine, &c., Broadcasting (Offences) Act 1967;”. 
(5)In subsection (2) of that section— 
(a)for “the person or persons named in it” there shall be subst ituted “any person authorised by the 
Secretary of State to exercise the power conferred by this subs ection”; and 
(b)the words “or them” shall be omitted. 
(6)The following subsection shall be inserted after subsection (4) of that section— 
“(4A)Without prejudice to any power exercisable by him apart fr om this subsection, a person authorised by 
the Secretary of State to exercise any power conferred by this section may use reasonable force, if 
necessary, in the exercise of that power.” 
174Application of Part VIII to Isle of Man and Channel Islands 
Section 20(3) of the 1949 Act and section 10 of the [1967 c. 41 .] Marine, &c., Broadcasting (Offences) Act 
1967 (power to extend provisions to the Isle of Man and Channel  Islands) shall extend respectively to the 
provisions of this Part amending each of those Acts. 
PART IXCOPYRIGHT AND RELATED MATTERS  
175Use as of right of sound recordings in broadcasts and cable programme services 
(1)In Chapter VII of Part I of the [1988 c. 48.] Copyright, Des igns and Patents Act 1988 (copyright licensing) 
there shall be inserted after section 135— 
“Use as of right of sound recordings in broadcasts and cable programme services  135ACircumstances in which right available 
(1)Section 135C applies to the inclusion in a broadcast or cabl e programme service of any sound 
recordings if— 
(a)a licence to include those recordings in the broadcast or ca ble programme service could be granted by a 
licensing body or such a body could procure the grant of a lice nce to do so, 
(b)the condition in subsection (2) or (3) applies, and 
(c)the person including those recordings in the broadcast or ca ble programme service has complied with 
section 135B. 
(2)Where the person including the recordings in the broadcast o r cable programme service does not hold a 
licence to do so, the condition is that the licensing body refu ses to grant, or procure the grant of, such a 
licence, being a licence— 
(a)whose terms as to payment for including the recordings in th e broadcast or cable programme service 
would be acceptable to him or comply with an order of the Copyr ight Tribunal under section 135D relating 
to such a licence or any scheme under which it would be granted , and 
(b)allowing unlimited needletime or such needletime as he has d emanded. 
(3)Where he holds a licence to include the recordings in the br oadcast or cable programme service, the 
condition is that the terms of the licence limit needletime and  the licensing body refuses to substitute or 
procure the substitution of terms allowing unlimited needletime  or such needletime as he has demanded, or 
refuses to do so on terms that fall within subsection (2)(a). 
(4)The references in subsection (2) to refusing to grant, or pr ocure the grant of, a licence, and in subsection 
(3) to refusing to substitute or procure the substitution of te rms, include failing to do so within a reasonable 
time of being asked. 
(5)In the group of sections from this section to section 135G— 
• “needletime” means the time in any period (whether determined a s a number of hours in the period or a proportion 
of the period, or otherwise) in wh ich any recordings may be inc luded in a broadcast or cable programme service; 
• “sound recording” does not inclu de a film sound track when acco mpanying a film. 
(6)In sections 135B to 135G, “terms of payment” means terms as to payment for including sound 
recordings in a broadcast or cable programme service. 
135BNotice of intention to exercise right 
(1)A person intending to avail himself of the right conferred b y section 135C must— 
(a)give notice to the licensing body of his intention to exerci se the right, asking the body to propose terms 
of payment, and (b)after receiving the proposal or the expiry of a reasonable p eriod, give reasonable notice to the licensing 
body of the date on which he proposes to begin exercising that right, and the terms of payment in 
accordance with which he intends to do so. 
(2)Where he has a licence to include the recordings in a broadc ast or cable programme service, the date 
specified in a notice under subsection (1)(b) must not be soone r than the date of expiry of that licence 
except in a case falling within section 135A(3). 
(3)Before the person intending to avail himself of the right be gins to exercise it, he must— 
(a)give reasonable notice to the Copyright Tribunal of his inte ntion to exercise the right, and of the date on 
which he proposes to begin to do so, and 
(b)apply to the Tribunal under section 135D to settle the terms  of payment. 
135CConditions for exercise of right 
(1)A person who, on or after the date specified in a notice und er section 135B(1)(b), includes in a 
broadcast or cable programme service any sound recordings in ci rcumstances in which this section 
applies, and who— 
(a)complies with any reasonable condition, notice of which has been given to him by the licensing body, as 
to inclusion in the broadcast or cable programme service of tho se recordings, 
(b)provides that body with such information about their inclusi on in the broadcast or cable programme 
service as it may reasonably require, and 
(c)makes the payments to the licensing body that are required b y this section, 
shall be in the same position as regards infringement of copyri ght as if he had at all material times been the 
holder of a licence granted by the owner of the copyright in qu estion. 
(2)Payments are to be made at not less than quarterly intervals  in arrears. 
(3)The amount of any payment is that determined in accordance w ith any order of the Copyright Tribunal 
under section 135D or, if no such order has been made— 
(a)in accordance with any proposal for terms of payment made by  the licensing body pursuant to a request 
under section 135B, or 
(b)where no proposal has been so made or the amount determined in accordance with the proposal so 
made is unreasonably high, in accordance with the terms of paym ent notified to the licensing body under 
section 135B(1)(b). 
(4)Where this section applies to the inclusion in a broadcast o r cable programme service of any sound 
recordings, it does so in place of any licence. 
135DApplications to settle payments (1)On an application to settle the terms of payment, the Copyri ght Tribunal shall consider the matter and 
make such order as it may determine to be reasonable in the cir cumstances. 
(2)An order under subsection (1) has effect from the date the a pplicant begins to exercise the right 
conferred by section 135C and any necessary repayments, or furt her payments, shall be made in respect 
of amounts that have fallen due. 
135EReferences etc. about conditi ons, information and other ter ms 
(1)A person exercising the right conferred by section 135C, or who has given notice to the Copyright 
Tribunal of his intention to do so, may refer to the Tribunal— 
(a)any question whether any condition as to the inclusion in a broadcast or cable programme service of 
sound recordings, notice of which has been given to him by the licensing body in question, is a reasonable 
condition, or 
(b)any question whether any information is information which th e licensing body can reasonably require 
him to provide. 
(2)On a reference under this section, the Tribunal shall consid er the matter and make such order as it may 
determine to be reasonable in the circumstances. 
135FApplication for review of order 
(1)A person exercising the right conferred by section 135C or t he licensing body may apply to the Copyright 
Tribunal to review any order under section 135D or 135E. 
(2)An application shall not be made, except with the special le ave of the Tribunal— 
(a)within twelve months from the date of the order, or of the d ecision on a previous application under this 
section, or 
(b)if the order was made so as to be in force for fifteen month s or less, or as a result of a decision on a 
previous application is due to expire within fifteen months of that decision, until the last three months before 
the expiry date. 
(3)On the application the Tribunal shall consider the matter an d make such order confirming or varying the 
original order as it may determine to be reasonable in the circ umstances. 
(4)An order under this section has effect from the date on whic h it is made or such later date as may be 
specified by the Tribunal. 
135GFactors to be taken into account 
(1)In determining what is reasonable on an application or refer ence under section 135D or 135E, or on 
reviewing any order under section 135F, the Copyright Tribunal shall— 
(a)have regard to the terms of any orders which it has made in the case of persons in similar circumstances 
exercising the right conferred by section 135C, and (b)exercise its powers so as to secure that there is no unreaso nable discrimination between persons 
exercising that right against the same licensing body. 
(2)In settling the terms of payment under section 135D, the Tri bunal shall not be guided by any order it has 
made under any enactment other than that section. 
(3)Section 134 (factors to be taken into account: retransmissio ns) applies on an application or reference 
under sections 135D to 135F as it applies on an application or reference relating to a licence.” 
(2)In section 149 of that Act (jurisdiction of the Copyright Tr ibunal), after paragraph (c) there shall be 
inserted— 
“(cc)section 135D or 135E (application or reference with respec t to use as of right of sound recordings in 
broadcasts or cable programme services);”. 
(3)In section 179 of that Act (index of defined expressions)— 
(a)in the appropriate places in alphabetical order there shall be inserted— 
“needletime section 135A”, and 
“terms of payment section 135A”, and 
(b)in the entry for sound recordings, for “section 5” there sha ll be substituted “sections 5 and 135A”. 
176Duty to provide advance information about programmes 
(1)A person providing a programme service to which this section  applies must make available in 
accordance with this section information relating to the progra mmes to be included in the service to any 
person (referred to in this section and Schedule 17 to this Act  as “the publisher”) wishing to publish in the 
United Kingdom any such information. 
(2)The duty imposed by subsection (1) is to make available info rmation as to the titles of the programmes 
which are to be, or may be, included in the service on any date , and the time of their inclusion, to any 
publisher who has asked the person providing the programme serv ice to make such information available 
to him and reasonably requires it. 
(3)Information to be made available to a publisher under this s ection is to be made available as soon after it 
has been prepared as is reasonably practicable but, in any even t— 
(a)not later than when it is made available to any other publis her, and 
(b)in the case of information in respect of all the programmes to be included in the service in any period of 
seven days, not later than the beginning of the preceding perio d of fourteen days, or such other number of 
days as may be prescribed by the Secretary of State by order. 
(4)An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House 
of Parliament. (5)The duty imposed by subsection (1) is not satisfied by provi ding the information on terms, other than 
terms as to copyright, prohibiting or restricting publication i n the United Kingdom by the publisher. 
(6)Schedule 17 applies to any information or future information  which the person providing a programme 
service to which this section applies is or may be required to make available under this section. 
(7)For the purposes of this section and that Schedule, the foll owing table shows the programme services to 
which the section and Schedule apply and the persons who provid e them or are to be treated as providing 
them. 
Services other than services under the Act  
Television and national radio services provided by the BBC for reception in the United Kingdom The BBC 
Services under the Act  
Television programme services subject to regulation by the Inde pendent Television 
Commission The person licensed to provide the 
service 
The television broadcasting service provided by the Welsh Autho rity The Authority 
Any national service (see section 84(2)(a)(i)) subject to regul ation by the Radio Authority The person licensed to provide the 
service 
Services provided during interim period only  
Television broadcasting services provided by the Independent Te levision 
Commission in accordance with Schedule 11, other than Channel 4  The programme contractor 
Channel 4, as so provided The body corporate referred to in section 12(2) 
of the Broadcasting Act 1981 
(8)This section does not require any information to be given ab out any advertisement. 
PART XMISCELLANEOUS AND GENERAL  
Foreign satellite services  
177Orders proscribing unaccepta ble foreign satellite services 
(1)Subject to the following provisions of this section, the Sec retary of State may make an order proscribing 
a foreign satellite service for the purposes of section 178. 
(2)If the Independent Television Commission or the Radio Author ity consider that the quality of any relevant 
foreign satellite service which is brought to their attention i s unacceptable and that the service should be 
the subject of an order under this section, they shall notify t o the Secretary of State details of the service 
and their reasons why they consider such an order should be mad e. 
(3)The Independent Television Commission or (as the case may be ) the Radio Authority shall not consider 
a foreign satellite service to be unacceptable for the purposes  of subsection (2) unless they are satisfied 
that there is repeatedly contained in programmes included in th e service matter which offends against good 
taste or decency or is likely to encourage or incite to crime o r to lead to disorder or to be offensive to public 
feeling. (4)Where the Secretary of State has been notified under subsect ion (2), he shall not make an order under 
this section unless he is satisfied that the making of the orde r— 
(a)is in the public interest; and 
(b)is compatible with any international obligations of the Unit ed Kingdom. 
(5)An order under this section— 
(a)may make such provision for the purpose of identifying a par ticular foreign satellite service as the 
Secretary of State thinks fit; and 
(b)shall be subject to annulment in pursuance of a resolution o f either House of Parliament. 
(6)In this section and section 178— 
• “foreign satellite service” means a service which consists whol ly or mainly in the transmission by satellite from a 
place outside the United Kingdom of television or sound program mes which are capable of being received in the 
United Kingdom; 
• “relevant foreign sate llite service” means— 
(a) 
in relation to the I ndependent Television Commission, a foreign  satellite service which con sists wholly or mainly in 
the transmission of televi sion programmes; and 
(b) 
in relation to the Radio Authorit y, a foreign satellite service  which consists wholly or mainly in the transmission of 
sound programmes. 
178Offence of supporting proscribed foreign satellite services 
(1)This section applies to any foreign satellite service which is proscribed for the purposes of this section by 
virtue of an order under section 177; and references in this se ction to a proscribed service are references 
to any such service. 
(2)Any person who in the United Kingdom does any of the acts sp ecified in subsection (3) shall be guilty of 
an offence. 
(3)Those acts are— 
(a)supplying any equipment or other goods for use in connection  with the operation or day-to-day running 
of a proscribed service; 
(b)supplying, or offering to supply, programme material to be i ncluded in any programme transmitted in the 
provision of a proscribed service; 
(c)arranging for, or inviting, any other person to supply progr amme material to be so included; 
(d)advertising, by means of programmes transmitted in the provi sion of a proscribed service, goods 
supplied by him or services provided by him; (e)publishing the times or other details of any programmes whic h are to be transmitted in the provision of a 
proscribed service or (otherwise than by publishing such detail s) publishing an advertisement of matter 
calculated to promote a proscribed service (whether directly or  indirectly); 
(f)supplying or offering to supply any decoding equipment which  is designed or adapted to be used 
primarily for the purpose of enabling the reception of programm es transmitted in the provision of a 
proscribed service. 
(4)In any proceedings against a person for an offence under thi s section, it is a defence for him to prove 
that he did not know, and had no reasonable cause to suspect, t hat the service in connection with which 
the act was done was a proscribed service. 
(5)A person who is guilty of an offence under this section shal l be liable— 
(a)on summary conviction, to imprisonment for a term not exceed ing six months or to a fine not exceeding 
the statutory maximum, or both; 
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. 
(6)For the purposes of this section a person exposing decoding equipment for supply or having such 
equipment in his possession for supply shall be deemed to offer  to supply it. 
(7)Section 46 of the [1987 c. 43.] Consumer Protection Act 1987  shall have effect for the purpose of 
construing references in this section to the supply of any thin g as it has effect for the purpose of construing 
references in that Act to the supply of any goods. 
(8)In this section “programme material” includes— 
(a)a film (within the meaning of Part I of the [1988 c. 48.] Co pyright, Designs and Patents Act 1988); 
(b)any other recording; and 
(c)any advertisement or other advertising material. 
Unauthorised decoders  
179Unauthorised decoders for encrypted services etc 
(1)In the Copyright, Designs and Patents Act 1988 the following  section shall be inserted after section 
297— 
“297AUnauthorised decoders 
(1)A person who makes, imports, sells or lets for hire any unau thorised decoder shall be guilty of an 
offence and liable on summary conviction to a fine not exceedin g level 5 on the standard scale. 
(2)It is a defence to any prosecution for an offence under this  section for the defendant to prove that he did 
not know, and had no reasonable ground for knowing, that the de coder was an unauthorised decoder. 
(3)In this section— • “apparatus” includes any device , component or electronic data; 
• “decoder” means any apparatus which is designed or adapted to e nable (whether on its own or with any other 
apparatus) an encrypted transmission to be decoded; 
• “transmission” means any programme included in a broadcasting o r cable programme service which is provided 
from a place in the United Kingdom; and 
• “unauthorised”, in relation to  a decoder, means a decoder which  will enable encrypted trans missions to be viewed 
in decoded form without payment o f the fee (however imposed) wh ich the person making the transmission, or on 
whose behalf it is made, charges for viewing those transmission s, or viewing any service of which they form part.” 
(2)In section 299 of the Act of 1988 (fraudulent reception of p rogrammes broadcast from countries or 
territories outside the United Kingdom)— 
(a)subsection (2) shall cease to have effect; and 
(b)in subsection (5), after “297” there shall be inserted “, 29 7A”. 
Television licensing  
180Transfer to BBC of functions connected with television licen ces 
(1)The [1949 c. 54.] Wireless Telegraphy Act 1949 (“the 1949 Ac t”) shall have effect subject to the 
amendments specified in Part I of Schedule 18 to this Act (by v irtue of which functions of the Secretary of 
State as respects the issue and renewal of television licences are transferred to the BBC). 
(2)Section 3(3) of the [1969 c. 48.] Post Office Act 1969 (refu nds in respect of wireless telegraphy licences) 
shall not apply to sums which, by virtue of subsection (1) abov e, are paid to the BBC under section 2(1) of 
the 1949 Act (fees and charges for licences); but refunds of su ms so paid may be made by the BBC, out of 
sums received by them under section 2(1) of the 1949 Act, in su ch cases or classes of cases as they may 
determine. 
(3)Except so far as required for the making of refunds under su bsection (2) above, sums received by the 
BBC under section 2(1) of the 1949 Act shall be paid into the C onsolidated Fund. 
(4)Part I of the [1967 c. 72.] Wireless Telegraphy Act 1967 (ob taining of information as to sale and hire of 
television sets) shall have effect subject to the amendments sp ecified in Part II of Schedule 18 to this Act 
(by virtue of which all of the functions of the Secretary of St ate under that Part of that Act, apart from his 
power to make regulations under section 2(7) or 6(1), are trans ferred to the BBC). 
181Certain apparatus to be deemed to be apparatus for wireless telegraphy 
(1)Any apparatus which— 
(a)is connected to the telecommunication system by means of whi ch a relevant cable service is provided, 
and (b)is so connected for the purpose of enabling any person to re ceive any programmes included in that 
service by means of the reception and immediate re-transmission  of programmes included in a television 
broadcasting service, 
shall be deemed for the purposes of the 1949 Act to be apparatu s for wireless telegraphy. 
(2)Any such apparatus shall, in addition, be deemed for the pur poses of— 
(a)section 1(7) of the 1949 Act (as amended by Part I of Schedu le 18 to this Act), and 
(b)any regulations made by the Secretary of State for the purpo ses of that provision under section 2 of that 
Act, 
to be television receiving apparatus. 
(3)In this section “relevant cable service” means a service pro vided by any person to the extent that it 
consists in the use of a telecommunication system (whether run by him or by any other person) for the 
purpose of the delivery, otherwise than by wireless telegraphy,  of programmes included in one or more 
television broadcasting services, where such programmes are so delivered— 
(a)for simultaneous reception at two or more places in the Unit ed Kingdom, or 
(b)for reception at any place in the United Kingdom for the pur pose of being presented there either to 
members of the public or to any group of persons. 
(4)In this section— 
• “the 1949 Act” means the  [1949 c. 54.] Wirel ess Telegraphy Act 1949; 
• “connected” has the sa me meaning as in the  [1984 c. 12.] Teleco mmunications Act 1984; 
• “television broadcasting service ” means a television broadcasti ng service within the meanin g of Part I of this Act, 
whether provided by the holder of a licence under  that Part or by the BBC or the Welsh Au thority or in accordance 
with Part II of Schedule 11 to this Act. 
Listed events  
182Certain events not to be shown on pay-per-view terms 
(1)The Independent Television Commission shall do all that they  can to secure that any programme which 
consists of or includes the whole or any part of a listed event  shall not be included on pay-per-view terms in 
any service provided by the holder of a licence granted by the Commission under Part I of this Act. 
(2)Any such programme as is mentioned in subsection (1) shall n ot be included on pay-per-view terms in 
any television broadcasting service provided by the BBC or the Welsh Authority. 
(3)For the purposes of this section— 
(a)a listed event is a sporting or other event of national inte rest which is for the time being included in a list 
drawn up by the Secretary of State for the purposes of this sec tion; and (b)a programme is included in any service on pay-per-view terms  if any payments falling to be made by 
subscribers to that service will or may vary according to wheth er that programme is or is not actually 
received by them. 
(4)The Secretary of State shall not at any time draw up, revise  or cease to maintain such a list as is 
mentioned in subsection (3) unless he has first consulted— 
(a)the BBC; 
(b)the Welsh Authority; 
(c)the Commission; and 
(d)in relation to a relevant event, the person from whom the ri ghts to televise that event may be acquired; 
and for the purposes of this subsection a relevant event is a s porting or other event of national interest which 
the Secretary of State proposes to include in, or omit from, th e list. 
(5)As soon as he has drawn up or revised such a list as is ment ioned in subsection (3), the Secretary of 
State shall publish the list in such manner as he considers app ropriate for bringing it to the attention of— 
(a)the persons mentioned in subsection (4); and 
(b)every person who is the holder of a licence granted by the C ommission under Part I of this Act. 
(6)Neither subsection (1) nor subsection (2) above shall apply in relation to the inclusion in such a service 
as is mentioned in that subsection of a programme which consist s of or includes a recording of the whole or 
any part of any listed event where the programme is so included  more than 48 hours after the original 
recording was made. 
(7)In this section “national interest” includes interest within  England, Scotland, Wales or Northern Ireland. 
Gaelic television programmes  
183Financing of programmes in Gaelic out of Gaelic Television F und 
(1)The Secretary of State— 
(a)may, for the financial year beginning with 1st April 1991, a nd 
(b)shall, for each subsequent financial year, 
pay to the Commission such amount as he may, with the approval of the Treasury, determine to be 
appropriate for the purposes of this section. 
(2)Any amount received by the Commission under subsection (1) s hall be carried by them to the credit of a 
fund established by them under this section, to be known as the  Gaelic Television Fund (and any such 
amount shall accordingly not be regarded as forming part of the  revenues of the Commission). 
(3)The Fund shall be under the management of a body established  for the purposes of this section, which 
shall be called Comataidh Telebhisein Gaidhlig (the Gaelic Tele vision Committee) and shall consist of— (a)a chairman appointed by the Commission; and 
(b)such number of other members appointed by the Commission, no t being less than four nor more than 
eight, as they may from time to time determine. 
(4)The Fund may be applied by the Committee— 
(a)in the making of grants for the following purposes, namely— 
(i)financing the making of television programmes in Gaelic prim arily with a view to the broadcasting of such 
programmes for reception in Scotland; 
(ii)financing the training of persons employed or to be employe d in connection with the making of such 
programmes; and 
(iii)other purposes connected with or related to the making of such programmes; and 
(b)in financing the undertaking of research into the types of t elevision programmes in Gaelic that members 
of the Gaelic-speaking community would like to be broadcast. 
(5)When making any grant out of the Fund in pursuance of subsec tion (4) the Committee may impose such 
conditions as they think fit, including conditions requiring th e grant to be repaid in specified circumstances. 
(6)The Committee shall perform their functions under this secti on with respect to the making of grants out 
of the Fund in such manner as they consider will secure that a wide range of high quality television 
programmes in Gaelic are broadcast for reception in Scotland; b ut nothing in this section shall be construed 
as authorising programmes to be commissioned by the Committee. 
(7)The Commission shall so exercise their power under subsectio n (3) to appoint the members of the 
Committee as to secure that a majority of the members are perso ns who appear to them to represent the 
Gaelic-speaking community; and Schedule 19 to this Act shall ha ve effect with respect to the Committee. 
(8)Any sums required by the Secretary of State under subsection  (1) shall be paid out of money provided 
by Parliament. 
(9)In this section, section 184 and Schedule 19— 
• “the Commission” means the Indepen dent Television Commission; 
• “the Committee” means the body est ablished under subsection (3)  above; 
• “Gaelic” means the Gaelic language as spoken in Scotland; and 
• “for reception in Scotland” means  for reception wholly or mainl y in Scotland. 
184Broadcasting of programmes in G aelic on Channel 3 in Scotlan d 
(1)Section 16 shall have effect in relation to any service to w hich this section applies as if the following 
requirements were included among those specified in subsection (2) of that section, namely— (a)that a suitable proportion of the programmes included in the  service are programmes in Gaelic other 
than funded Gaelic productions; 
(b)that the service includes funded Gaelic productions of which — 
(i)a suitable proportion are of high quality, and 
(ii)a suitable proportion are shown at peak viewing times; and 
(c)that (taking the programmes included in the service in accor dance with paragraphs (a) and (b) above as 
a whole) the service includes a wide range of programmes in Gae lic. 
(2)In subsection (1) above “funded Gaelic productions” means pr ogrammes in Gaelic the making of which 
has been wholly or partly financed out of grants made in pursua nce of section 183(4) to the person 
providing the service. 
(3)The conditions which are, by virtue of section 33(1), to be included in a licence to provide a service to 
which this section applies accordingly include conditions impos ed for the purpose of securing that the 
requirements specified in paragraphs (a) to (c) of subsection ( 1) above are complied with in relation to the 
service. 
(4)This section applies— 
(a)to any regional Channel 3 service that is to be provided for  an area the whole of which is in Scotland; 
and 
(b)if the Commission determine that it shall so apply, to any r egional Channel 3 service that is to be 
provided for an area the greater part of which is in Scotland. 
(5)In this section “licence” and “regional Channel 3 service” h ave the same meaning as in Part I of this Act; 
and subsection (9) of section 183 applies for the purposes of t his section. 
National television archive  
185Contributions towards maintenan ce of national television arc hive 
(1)The Commission shall, for the financial year which includes the commencement of this section and each 
subsequent financial year, determine an aggregate amount which they consider it would be appropriate for 
the holders of Channel 3 and Channel 5 licences to contribute, in accordance with this section, towards the 
expenses incurred by the nominated body in connection with the maintenance by it of a national television 
archive. 
(2)In this section “the nominated body” means such body as may for the time being be nominated by the 
Commission for the purposes of this section, being a body which — 
(a)is for the time being a designated body for the purposes of section 75 of the [1988 c. 48.] Copyright, 
Designs and Patents Act 1988 (recordings for archival purposes) , and 
(b)appears to the Commission to be in a position to maintain a national television archive. (3)A Channel 3 or Channel 5 licence shall include conditions re quiring the licence holder to pay to the 
Commission, in respect of each of the financial years mentioned  in subsection (1), such amount as they 
may notify to him for the purposes of this section, being such proportion of the aggregate amount 
determined for that year under that subsection as they consider  appropriate (and different proportions may 
be determined in relation to different persons). 
(4)Any amount received by the Commission by virtue of subsectio n (3) shall be transmitted by them to the 
nominated body. 
(5)In this section— 
• “the Commission” means the Indepen dent Television Commission; a nd 
• “Channel 3 licence” and “Channe l 5 licence” have the same meani ng as in Part I of this Act. 
Duties of BBC as respects independent productions  
186Duty of BBC to include independe nt productions in their tele vision services 
(1)It shall be the duty of the BBC to secure that, in each rele vant period, not less than the prescribed 
percentage of the total amount of time allocated to the broadca sting of qualifying programmes in the 
television broadcasting services provided by them is allocated to the broadcasting of a range and diversity 
of independent productions. 
(2)In subsection (1)— 
(a)“qualifying programmes” and “independent productions” have t he same meaning as in section 16(2)(h), 
and “the prescribed percentage” means the percentage for the ti me being specified in section 16(2)(h); and 
(b)the reference to a range of independent productions is a ref erence to a range of such productions in 
terms of cost of acquisition as well as in terms of the types o f programme involved; 
and before making an order under section 16(5) or (6) the Secre tary of State shall (in addition to consulting 
the Independent Television Commission in accordance with sectio n 16(7)) consult the BBC. 
(3)The Director General of Fair Trading (“the Director”) shall,  in respect of each relevant period, make a 
report to the Secretary of State on the extent to which the BBC  have, in his opinion, performed their duty 
under subsection (1) above in that period. 
(4)A report made by the Director under subsection (3) may conta in, in addition to his conclusions as to the 
extent to which the BBC have performed that duty in the period in question— 
(a)such an account of his reasons for those conclusions as is, in his opinion, expedient for facilitating a 
proper understanding of those conclusions; and 
(b)his observations, in the light of those conclusions and his reasons for them, with regard to— 
(i)competition in connection with the production of television programmes for broadcasting by the BBC, or 
(ii)matters appearing to him to arise out of, or to be conduciv e to, such competition. (5)The Director may at any time make a report to the Secretary of State on any matter related to or 
connected with the performance by the BBC of their duty under s ubsection (1); and any such report may 
include observations by the Director on any matter falling with in subsection (4)(b)(i) or (ii) and pertinent to 
the subject-matter of the report. 
(6)The Director shall publish any report made by him under this  section in such manner as he considers 
appropriate; and where he makes any report under this section h e shall have regard to the need for 
excluding from the report, so far as it is practicable to do so — 
(a)any matter which relates to the private affairs of an indivi dual, where in the opinion of the Director the 
publication of that matter would or might seriously and prejudi cially affect the interests of that individual; 
and 
(b)any matter which relates specifically to the affairs of a bo dy of persons (whether corporate or 
unincorporate), where in the opinion of the Director— 
(i)publication of that matter would or might seriously and prej udicially affect the interests of that body, and 
(ii)it is not necessary for the purposes of the report to inclu de that matter as matter specifically relating to 
that body. 
(7)For the purposes of the law relating to defamation, absolute  privilege shall attach to any report of the 
Director under this section. 
(8)In any proceedings relating to the performance by the BBC of  their duty under subsection (1), any report 
made by the Director under subsection (3)— 
(a)shall be evidence of any facts stated in the report, and 
(b)so far as it consists of any such conclusions as are mention ed in subsection (4), shall be evidence of the 
extent to which the BBC have performed that duty in the relevan t period in question; 
and any document purporting to be a copy of any such report sha ll be received in evidence and shall be 
deemed to be such a copy unless the contrary is shown. 
(9)The following periods are relevant periods for the purposes of this section, namely— 
(a)the period beginning with 1st January 1993 and ending with 3 1st March 1994; 
(b)the financial year beginning with 1st April 1994; and 
(c)each subsequent financial year. 
187Information to be furnished by  BBC for purposes of reports u nder section 186 
(1)The Director may serve on the BBC a notice requiring them, a t a time and place specified in the notice— 
(a)to produce to him such documents specified or described in t he notice (being documents in the custody 
or under the control of the BBC), or (b)to furnish him, in a form specified in the notice, with such  estimates, returns or other information 
specified or described in it, 
as he may require for the purpose of making any report under se ction 186. 
(2)The BBC shall not by virtue of subsection (1) be compelled— 
(a)to produce any document which they could not be compelled to  produce in civil proceedings before the 
High Court or (in Scotland) the Court of Session, or 
(b)in complying with any requirement for the furnishing of info rmation, to give any information which they 
could not be compelled to give in evidence in such proceedings.  
(3)In this section “the Director” means the Director General of  Fair Trading. 
Power to give directions relating to international obligations  
188Power to give broadcasting bodies etc. directions relating t o international obligations 
(1)A body to which this section applies shall carry out any fun ctions which the Secretary of State may by 
order direct them to carry out for the purpose of enabling Her Majesty’s Government in the United Kingdom 
to give effect to any international obligations of the United K ingdom. 
(2)This section applies to— 
(a)the BBC; 
(b)the Independent Television Commission; 
(c)the Welsh Authority; 
(d)the Radio Authority; and 
(e)the Broadcasting Standards Council. 
(3)An order under this section shall be subject to annulment in  pursuance of a resolution of either House of 
Parliament. 
Matters relating to telecommunication systems  
189Sharing of apparatus by opera tors of telecom- munication sys tems 
(1)Where— 
(a)the telecommunications code contained in Schedule 2 to the 1 984 Act expressly or impliedly imposes 
any limitation on the use to which any telecommunication appara tus installed by a person (“the operator”) 
may be put, and 
(b)the operator is a party to a relevant agreement, 
that limitation shall not have effect so as to preclude the doi ng of anything which is done in relation to that 
apparatus in pursuance of that agreement; and anything which is  so done shall be disregarded in determining, for the purposes of the telecommunications code as  it applies in relation to the operator, the 
purposes for which that apparatus is used. 
(2)In this section “relevant agreement”, in relation to any tel ecommunication apparatus, means an 
agreement in writing— 
(a)to which the parties are either— 
(i)two or more persons to whom this section applies, or 
(ii)one or more persons to whom this section applies and one or  more telecommunications operators who 
are not such persons; and 
(b)which relates to the sharing by those persons of the use of that apparatus. 
(3)Subsection (1) shall not be construed, in relation to a pers on who is authorised by a relevant agreement 
to share the use of any apparatus installed by another party to  the agreement, as affecting any requirement 
on him (whether imposed by any statutory provision or otherwise ) to obtain any consent or permission in 
connection with the installation by him of any apparatus, or th e doing by him of any other thing, in 
pursuance of the agreement. 
(4)This section applies to— 
(a)the holder of a licence to provide a local delivery service within the meaning of Part II of this Act; 
(b)the holder of any licence to provide a prescribed diffusion service continued in force by, or granted 
under, Part II of Schedule 12 to this Act; 
(c)a telecommunications operator in his capacity as a person pr oviding the means of delivery for the 
service provided under his licence by a person falling within p aragraph (a) or (b) above; and 
(d)the company nominated for the purposes of section 127(1). 
(5)In this section— 
• “the 1984 Act” means the  [1984 c. 12.] Telecommunications Act 1 984; 
• “statutory provision” means any  provision of an enactment or of  an instrument having ef fect under an enactment; 
• “telecommunication apparatus” has the same meaning as in Schedu le 2 to the 1984 Act; 
• “telecommunications operator” m eans a person who runs a telecom munication system the running of which is, or 
is not required to be, licens ed under Part II of the 1984 Act. 
190Modification of certain references in Telecom- munications A ct licences 
(1)This section applies to licences which have been granted und er section 7 of the Telecommunications 
Act 1984 (licensing of telecommunication systems) before the tr ansfer date and continue in force on or 
after that date. (2)In any licence to which this section applies, any reference (however expressed) to a cable programme 
service sent under a licence granted under section 4 of the Cab le Act shall be construed, as from the 
transfer date, as a reference to a licensable service within th e meaning of Part I of that Act (other than an 
exempt service), whether sent— 
(a)under a diffusion licence which is continued in force by, or  granted under, Part II of Schedule 12 to this 
Act, or 
(b)under a local delivery licence granted under this Act, 
or otherwise. 
(3)Where any licence to which this section applies (“the teleco mmunications licence”) authorises the 
Secretary of State to revoke that licence in the event of the r evocation of a licence granted under section 4 
of the Cable Act in respect of the licensed systems (“the cable  licence”), he may similarly revoke the 
telecommunications licence in the event of the revocation of an y licence granted in respect of the licensed 
systems, in succession to the cable licence, under or in pursua nce of any of paragraphs 2 to 4 in Part II of 
Schedule 12 to this Act. 
(4)Where any licence to which this section applies (“the teleco mmunications licence”) provides for that 
licence to remain in force so long as there remains in force in  respect of the licensed systems a licence 
granted under section 4 of the Cable Act (“the cable licence”),  then if a local delivery licence is granted in 
respect of the licensed system, in succession to the cable lice nce, in pursuance of paragraph 6 in Part II of 
Schedule 12 to this Act, the telecommunications licence shall ( subject to the terms contained in it) remain 
in force so long as that local delivery licence remains in forc e. 
(5)In this section— 
• “the Cable Act” means the [1984 c. 46.] Cable and Broadcasting Act 1984; 
• “diffusion licence” means a licence to provide a prescribed dif fusion service or other diffusion service within the 
meaning of Part I of  the Cable Act; 
• “exempt service” means a service falling within any description  of services exempted from licensing under Part I of 
the Cable Act by virt ue of an order in force under section 3 of  that Act immediately be fore the transfer date; 
• “the licensed systems”, in relation to a licence to which this section applies, means the telecommunication systems 
the running of which is authorised by the licence; 
• “local delivery licence” has th e same meaning as in Part II of this Act; 
• “the transfer date” means the day  appointed under section 127(1 ); 
and any reference to a licence granted under section 4 of the C able Act includes, in relation to a licence to 
which this section applies (“the relevant licence”), a referenc e to a licence granted under section 58 of 
the [1984 c. 12.] Telecommunications Act 1984 (whether describe d in the relevant licence in those terms or 
in any other way). 191Revocation of class licence to  run broadcast relay systems 
The licence entitled “Class Licence to run Broadcast Relay Syst ems”, which was granted by the Secretary of 
State on 25th November 1986 under section 7 of the Telecommunic ations Act 1984, is hereby revoked. 
Application of competition legislation  
192Application of provisions of Fair Trading Act 1973 to broadc asting and telecommunication 
services 
(1)In section 137(3) of the [1973 c. 41.] Fair Trading Act 1973  (definition of “supply of services”), there shall 
be inserted after paragraph (e) “and 
(f)includes the making of arrangements, by means of such an agr eement as is mentioned in section 189(2) 
of the Broadcasting Act 1990, for the sharing of the use of any  telecommunication apparatus (within the 
meaning of Schedule 2 to the Telecommunications Act 1984).” 
(2)It is hereby declared for the avoidance of doubt that the pr ovision of a broadcasting service is not a 
service falling within paragraph 7 of Schedule 5 to the Fair Tr ading Act 1973 (restriction on making 
references under section 14, 50 or 51 of the Act in connection with telecommunication services) by reason 
of the fact that the broadcasting service is provided by means of the running of any such system as is 
mentioned in that paragraph. 
(3)In subsection (2) “broadcasting service” means— 
(a)a programme service; or 
(b)a local delivery service (within the meaning of Part II of t his Act). 
(4)In Part I of Schedule 7 to the [1973 c. 41.] Fair Trading Ac t 1973, paragraphs 8 and 9 (provision of 
programmes for transmission by Independent Broadcasting Authori ty, or of licensed cable programme 
services, wholly excluded from references under section 50 or 5 1 of the Act) shall cease to have effect. 
193Modification of networking arrangements in consequence of re ports under competition 
legislation 
(1)The Secretary of State may, in any of the circumstances in w hich this subsection has effect, by order 
provide for any networking arrangements specified in the order to have effect with such modifications as 
appear to him to be appropriate. 
(2)Subsection (1) shall have effect in the following circumstan ces, namely— 
(a)where the circumstances are as mentioned in section 56(1) of  the Fair Trading Act 1973 (order on report 
on monopoly reference) and the monopoly situation exists in con nection with the provision of programmes 
for broadcasting in regional Channel 3 services; 
(b)where the circumstances are as mentioned in section 73(1) of  that Act (order on report on merger 
reference) and one or more of the enterprises which ceased to b e distinct enterprises was engaged in the 
provision of such programmes; and (c)where the circumstances are as mentioned in section 10(1) of  the [1980 c. 21.] Competition Act 1980 
(order on report on competition reference) and the anti-competi tive practice was pursued in connection with 
the provision of such programmes. 
(3)An order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House 
of Parliament. 
(4)In this section— 
• “networking arrangements” means a ny such arrangements as are me ntioned in section 39(1) above; 
• “regional Channel 3 service” has  the meaning given by section 1 4(6) above; 
and any expression used in this section which is also used in t he Fair Trading Act 1973 or the Competition 
Act 1980 has the same meaning as in that Act. 
194Restrictive Trade Practices Act 1976 not to apply to network ing arrangements 
(1)The [1976 c. 34.] Restrictive Trade Practices Act 1976 shall  not apply, and shall be deemed never to 
have applied, to any relevant networking arrangements which are  specified, or are of a description 
specified, in an order made by the Secretary of State (whether before or after the making of those 
arrangements) and which satisfy such conditions as may be so sp ecified. 
(2)In subsection (1) “relevant networking arrangements” means— 
(a)any arrangements entered into as mentioned in section 39(4) or (7)(b) above, or 
(b)any agreement not falling within paragraph (a) but made for the purpose mentioned in section 39(1) 
above. 
(3)Before making an order under subsection (1) the Secretary of  State shall consult the Independent 
Television Commission and the Director General of Fair Trading;  and such an order shall be subject to 
annulment in pursuance of a resolution of either House of Parli ament. 
General  
195Offences by bodies corporate 
(1)Where a body corporate is guilty of an offence under this Ac t and that offence is proved to have been 
committed with the consent or connivance of, or to be attributa ble to any neglect on the part of, any 
director, manager, secretary or other similar officer of the bo dy corporate or any person who was purporting 
to act in any such capacity, then he, as well as the body corpo rate, shall be guilty of that offence and shall 
be liable to be proceeded against and punished accordingly. 
(2)Where the affairs of a body corporate are managed by its mem bers, subsection (1) above shall apply in 
relation to the acts and defaults of a member in connection wit h his functions of management as if he were 
a director of the body corporate. 
196Entry and search of premises (1)If a justice of the peace is satisfied by information on oat h— 
(a)that there is reasonable ground for suspecting that an offen ce under section 13, 82 or 97 has been or is 
being committed on any premises specified in the information, a nd 
(b)that evidence of the commission of the offence is to be foun d on those premises, 
he may grant a search warrant conferring power on any person or  persons authorised in that behalf by the 
relevant authority to enter and search the premises specified i n the information at any time within one month 
from the date of the warrant. 
(2)In subsection (1) “the relevant authority”— 
(a)in relation to an offence under section 13 or 82, means the Independent Television Commission; and 
(b)in relation to an offence under section 97, means the Radio Authority. 
(3)A person who intentionally obstructs a person in the exercis e of powers conferred on him under this 
section shall be guilty of an offence and liable on summary con viction to a fine not exceeding the fifth level 
on the standard scale. 
(4)A person who discloses, otherwise than for the purposes of a ny legal proceedings or of a report of any 
such proceedings, any information obtained by means of an exerc ise of powers conferred by this section 
shall be guilty of an offence and liable— 
(a)on summary conviction, to a fine not exceeding the statutory  maximum; 
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. 
(5)In the application of this section to Scotland, for the refe rence to a justice of the peace there shall be 
substituted a reference to the sheriff and for any reference to  information on oath there shall be substituted 
a reference to evidence on oath. 
(6)In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall 
be substituted a reference to a resident magistrate and for any  reference to information on oath there shall 
be substituted a reference to a complaint on oath. 
197Restriction on disclos ure of information 
(1)Subject to subsections (2) to (4), no information with respe ct to any particular business which has been 
obtained under or by virtue of this Act shall, so long as that business continues to be carried on, be 
disclosed without the consent of the person for the time being carrying on that business. 
(2)Subsection (1) does not apply to any disclosure of informati on which is made— 
(a)for the purpose of facilitating the performance of— 
(i)any functions of the Independent Television Commission, the Welsh Authority or the Radio Authority 
under this Act or the 1988 Regulations, or (ii)any functions of the Director General of Fair Trading, the Secretary of State or the Monopolies and 
Mergers Commission under the [1973 c. 41.] Fair Trading Act 197 3 (excluding Parts II, III and XI of that 
Act), the [1976 c. 34.] Restrictive Trade Practices Act 1976, t he [1980 c. 21.] Competition Act 1980 or this 
Act or the 1988 Regulations; 
(b)in connection with the investigation of any criminal offence  or for the purposes of any criminal 
proceedings or a report of any such proceedings; 
(c)for the purposes of any civil proceedings brought under or b y virtue of the Fair Trading Act 1973 
(excluding Part III), the Restrictive Trade Practices Act 1976 or this Act or the 1988 Regulations, or for the 
purposes of a report of any such proceedings; or 
(d)in pursuance of any Community obligation. 
(3)Nothing in subsection (1) shall be construed— 
(a)as limiting the matters which may be included in, or be made  public as part of, a report under section 
186 above or under Schedule 4 to this Act, or 
(b)as applying to any information which has been made public as  part of such a report. 
(4)Subsection (1) does not apply to any information obtained as  mentioned in section 196(4) above. 
(5)The following provisions, namely— 
(a)section 133(1) of the Fair Trading Act 1973, 
(b)section 41(1) of the Restrictive Trade Practices Act 1976, a nd 
(c)section 19(1) of the Competition Act 1980, 
shall not apply to any disclosure of information which is made for the purpose of facilitating the performance 
of any functions of the Independent Television Commission, the Welsh Authority or the Radio Authority under 
this Act or the 1988 Regulations. 
(6)Any person who discloses any information in contravention of  subsection (1) shall be guilty of an offence 
and liable— 
(a)on summary conviction, to a fine not exceeding the statutory  maximum; 
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. 
(7)In this section “the 1988 Regulations” means the [S.I. 1988/ 915.] Control of Misleading Advertisements 
Regulations 1988. 
198Financial provisions 
(1)There shall be paid out of money provided by Parliament any increase attributable to this Act in the 
sums payable out of money so provided under any other Act. (2)Any sums received by the Secretary of State by virtue of thi s Act shall be paid into the Consolidated 
Fund. 
199Notices 
(1)Subsections (2) to (4) below have effect in relation to any notice required or authorised by or under this 
Act to be served on or given to any person other than the Secre tary of State. 
(2)Any such notice shall be in writing and may be served on or given to the person in question— 
(a)by delivering it to him, 
(b)by leaving it at his proper address, or 
(c)by sending it by post to him at that address. 
(3)Any such notice may— 
(a)in the case of a body corporate, be served on or given to th e secretary or clerk of that body; 
(b)in the case of a partnership, be served on or given to any p artner or any person having the control or 
management of the partnership business; 
(c)in the case of an unincorporated association other than a pa rtnership, be served on or given to any 
member of the governing body of the association. 
(4)For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of 
documents by post) in its application to this section, the prop er address of any person on or to whom a 
notice is to be served or given shall be his last known address , except that— 
(a)where it is to be served on or given to a body corporate or its secretary or clerk, it shall be the address of 
the registered or principal office of the body; and 
(b)where it is to be served on or given to a partnership or a p artner or a person having the control or 
management of a partnership business, it shall be the address o f the principal office of the partnership; 
and, in relation to a company registered outside the United Kin gdom or a partnership carrying on business 
outside the United Kingdom, the reference in paragraph (a) or ( b) to its principal office includes a reference 
to its principal office within the United Kingdom (if any). 
(5)Any notice served— 
(a)by the Independent Television Commission under section 21, 4 1, 42 or 55, or 
(b)by the Radio Authority under section 103, 109, 110, 111, or 120, 
shall be published in such manner as that body consider appropr iate, and shall be so published as soon as 
reasonably practicable after it is served. 
(6)In this section (except in subsection (5)) “notice” includes  any notification. 
200Regulations and orders (1)Any power of the Secretary of State to make regulations or a n order under this Act shall be exercisable 
by statutory instrument. 
(2)Any regulations or order made by the Secretary of State unde r this Act may make— 
(a)different provision for different cases; and 
(b)such supplemental, incidental, consequential or transitional  provision or savings as the Secretary of 
State considers appropriate. 
201Programme services 
(1)In this Act “programme service” means any of the following s ervices (whether or not it is, or it requires to 
be, licensed under this Act), namely— 
(a)any television broadcasting service or other television prog ramme service (within the meaning of Part I 
of this Act); 
(b)any sound broadcasting service or licensable sound programme  service (within the meaning of Part III of 
this Act); 
(c)any other service which consists in the sending, by means of  a telecommunication system, of sounds or 
visual images or both either— 
(i)for reception at two or more places in the United Kingdom (w hether they are so sent for simultaneous 
reception or at different times in response to requests made by  different users of the service); or 
(ii)for reception at a place in the United Kingdom for the purp ose of being presented there to members of 
the public or to any group of persons. 
(2)Subsection (1)(c) does not apply to— 
(a)a local delivery service (within the meaning of Part II of t his Act); 
(b)a service where the running of the telecommunication system does not require to be licensed under Part 
II of the [1984 c. 12.] Telecommunications Act 1984; or 
(c)a two-way service (as defined by section 46(2)(c)). 
202General interpretation 
(1)In this Act (unless the context otherwise requires)— 
• “advertising agent” shall be co nstrued in accordance with subse ction (7); 
• “the BBC” means the British Broadcasting Corporation; 
• “body”, without more, means a body  of persons whether incorpora ted or not, and includes a partnership; 
• “broadcast” means broadcast by wireless telegraphy; 
• “connected”, in relation to any licence, shall be construed in accordance wit h paragraph 3 in Par t I of Schedule 2; • “control”, in relation to a body, has the meaning given by para graph 1(1) in that P art of that Schedule; 
• “dwelling-house” includes a hotel, inn, boarding-house or other  similar establishment; 
• “financial year” shall be constr ued in accordance with subsecti on (2); 
• “frequency” includes frequency band; 
• “modifications” includes additi ons, alterations and omissions; 
• “pension scheme” means a scheme for the payment of pensions, al lowances or gratuities; 
• “programme” includes an adverti sement and, in re lation to any s ervice, includes any item included in that service; 
• “telecommunication system” has t he same meaning as in the [1984  c. 12.] Telecommuni cations Act 1984; 
• “the Welsh Authority” means the authority renamed Sianel Pedwar  Cymru by section 56(1); 
• “wireless telegraphy” and “stati on for wireless telegraphy” hav e the same meaning as in the [1949 c. 54.] Wireless 
Telegraphy Act 1949. 
(2)In any provision of— 
(a)section 148 or 160, or 
(b)Schedule 1, 2, 3, 6, 8, 13, 14 or 19, 
“financial year” means a financial year of the body with which that provision is concerned; and in any other 
provision of this Act “financial year” means the twelve months ending with 31st March. 
(3)In this Act— 
(a)references to pensions, allowances or gratuities include ref erences to like benefits to be given on death 
or retirement; and 
(b)any reference to the payment of pensions, allowances or grat uities to or in respect of any persons 
includes a reference to the making of payments towards provisio n for the payment of pensions, allowances 
or gratuities to or in respect of those persons. 
(4)Any reference in this Act (however expressed) to a licence u nder this Act being in force is a reference to 
its being in force so as to authorise the provision under the l icence of the licensed service; and any such 
reference shall accordingly not be construed as prejudicing the  operation of any provisions of such a 
licence which are intended to have effect otherwise than at a t ime when the licensed service is authorised 
to be so provided. 
(5)It is hereby declared that, for the purpose of determining f or the purposes of any provision of this Act 
whether a service is— 
(a)for general reception, or capable of being received, within the United Kingdom or elsewhere, or 
(b)for reception at any place or places, or in any area, in the  United Kingdom, the fact that the service has been encrypted to any extent shal l be disregarded. 
(6)Any reference in this Act, in relation to a service consisti ng of programmes transmitted by satellite— 
(a)to a person by whom the programmes are transmitted, or 
(b)to a place from which the programmes are transmitted, 
is a reference to a person by whom, or a place from which, the programmes are transmitted to the satellite 
by means of which the service is provided. 
(7)For the purposes of this Act— 
(a)a person shall not be regarded as carrying on business as an  advertising agent, or as acting as such an 
agent, unless he carries on a business involving the selection and purchase of advertising time or space for 
persons wishing to advertise; 
(b)a person who carries on such a business shall be regarded as  carrying on business as an advertising 
agent irrespective of whether in law he is the agent of those f or whom he acts; 
(c)a person who is the proprietor of a newspaper shall not be r egarded as carrying on business as an 
advertising agent by reason only that he makes arrangements on behalf of advertisers whereby 
advertisements appearing in the newspaper are also to appear in  one or more other newspapers; 
(d)a company or other body corporate shall not be regarded as c arrying on business as an advertising 
agent by reason only that its objects or powers include or auth orise that activity. 
203Consequential and transitional provisions 
(1)The enactments mentioned in Schedule 20 to this Act shall ha ve effect subject to the amendments there 
specified (being minor amendments or amendments consequential o n the provisions of this Act). 
(2)Unless the context otherwise requires, in any enactment amen ded by this Act— 
• “programme”, in relation to a p rogramme service, includes any i tem included in that service; and 
• “television progra mme” includes a teletext transmission. 
(3)The enactments mentioned in Schedule 21 to this Act (which i nclude certain spent provisions) are 
hereby repealed to the extent specified in the third column of that Schedule. 
(4)The transitional provisions and savings contained in Schedul e 22 to this Act shall have effect. 
204Short title, commencement and extent 
(1)This Act may be cited as the Broadcasting Act 1990. 
(2)This Act shall come into force on such day as the Secretary of State may by order appoint; and different 
days may be so appointed for different provisions or for differ ent purposes. 
(3)Subject to subsections (4) and (5), this Act extends to the whole of the United Kingdom. 
(4)In Part VII— (a)section 162 and Schedule 15 extend to England and Wales only ; 
(b)section 163 extends to Scotland only; 
(c)section 164 extends to England and Wales and Scotland; and 
(d)section 165 extends to Northern Ireland only. 
(5)The amendments and repeals in Schedules 20 and 21 have the s ame extent as the enactments to which 
they refer. 
(6)Her Majesty may by Order in Council direct that any of the p rovisions of this Act shall extend to the Isle 
of Man or any of the Channel Islands with such modifications, i f any, as appear to Her Majesty to be 
appropriate. 
SCHEDULES 
Section 1. 
SCHEDULE 1T HE INDEPENDENT TELEVISION COMMISSION : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The Commission shall be a body corporate. 
(2)The Commission shall not be treated for the purposes of the enactments and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. 
(3)It shall be within the capacity of the Commission as a statu tory corporation to do such things and enter 
into such transactions as are incidental or conducive to the di scharge of their functions under this Act, 
including (subject to sub-paragraph (4)) the borrowing of money . 
(4)The power of the Commission to borrow money (otherwise than under paragraph 13) shall not be 
exercised by them except with the consent of, or in accordance with a general authority given by, the 
Secretary of State. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the Co mmission so long as he is— 
(a)a governor or employee of the BBC; 
(b)a member or employee of the Corporation; 
(c)a member or employee of the Broadcasting Complaints Commissi on; or 
(d)a member or employee of the Broadcasting Standards Council e stablished by this Act. 
(2)The members of the Commission shall not at any time include more than one person who is either a 
member or an employee of the Welsh Authority. (3)Three out of the members of the Commission other than the ch airman and deputy chairman shall be 
persons who appear to the Secretary of State to be suited to ma ke the interests of Scotland, Wales and 
Northern Ireland, respectively, their special care. 
(4)Before appointing a person to be a member of the Commission,  the Secretary of State shall satisfy 
himself that that person will have no such financial or other i nterest as is likely to affect prejudicially the 
discharge by him of his functions as a member of the Commission ; and the Secretary of State shall also 
satisfy himself from time to time with respect to every member of the Commission that he has no such 
interest. 
(5)Any person who is, or whom the Secretary of State proposes t o appoint to be, a member of the 
Commission shall, whenever requested by the Secretary of State to do so, furnish him with such 
information as the Secretary of State considers necessary for t he performance by him of his duties under 
sub-paragraph (4). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the Commission shall hold and 
vacate office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the Commis sion for more than five years at a time. 
(3)Any member of the Commission may at any time resign his offi ce by notice in writing to the Secretary of 
State. 
Remuneration and pensions of members  
4(1)The Commission may pay to each member such remuneration and  allowances as the Secretary of 
State may determine. 
(2)The Commission may pay or make provision for paying to or in  respect of any member such sums by 
way of pensions, allowances or gratuities as the Secretary of S tate may determine. 
(3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Secretary of State that there are special circumstances which make it right for him to receive 
compensation, the Commission may make a payment to him of such amount as the Secretary of State may 
determine. 
(4)The approval of the Treasury shall be required for any deter mination under this paragraph. 
Disqualification of members of Commission for House of Commons and Northern Ireland Assembly  
5In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“The Independent Television Commission”; and a corresponding amendment shall be made in Part II of Sched ule 1 to the [1975 c. 25.] Northern Ireland 
Assembly Disqualification Act 1975. 
Proceedings  
6(1)Subject to paragraph 7, the quorum of the Commission and th e arrangements relating to their meetings 
shall be such as the Commission may determine. 
(2)The arrangements may provide for the discharge, under the ge neral direction of the Commission, of any 
of the Commission’s functions by a committee or by one or more of the members or employees of the 
Commission. 
7(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Commission shall disclose the  nature of his interest to the meeting; and, 
where such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Commission, or of any of their committees, with respect to that  matter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Commission at which all of the 
other members present resolve that the member’s interest should  be disregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Commission by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Commi ssion in order to make a disclosure 
which he is required to make under this paragraph if he takes r easonable steps to secure that the 
disclosure is made by a notice which is taken into consideratio n and read at the meeting. 
(5)In this paragraph references to a meeting of the Commission include references to a meeting of any of 
their committees. 
8The validity of any proceedings of the Commission shall not be  affected by any vacancy among the 
members or by any defect in the appointment of a member or by a ny failure to comply with the 
requirements of paragraph 7. 
Employees of the Commission  
9(1)The Commission shall appoint a secretary and may appoint su ch other employees as they may 
determine. (2)If the Commission determine to do so in the case of any of t heir employees, the Commission shall pay to 
or in respect of those employees such pensions, allowances or g ratuities, or provide and maintain for them 
such pension schemes (whether contributory or not), as the Comm ission may determine. 
(3)If any employee of the Commission— 
(a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the Commission, 
he may, if the Secretary of State so determines, be treated for  the purposes of the pension scheme as if his 
service as a member of the Commission were service as an employ ee of the Commission. 
Authentication of Commission’s seal  
10The application of the seal of the Commission shall be authen ticated by the signature of the chairman or 
of some other person authorised for the purpose. 
Presumption of authenticity of documents issued by Commission  
11Any document purporting to be an instrument issued by the Com mission and to be duly executed under 
the seal of the Commission or to be signed on behalf of the Com mission shall be received in evidence and 
shall be deemed to be such an instrument unless the contrary is  shown. 
Finances of Commission  
12(1)It shall be the duty of the Commission so to conduct their  affairs as to secure that their revenues 
become at the earliest possible date, and continue thereafter, at least sufficient to enable them to meet 
their obligations and to discharge their functions under this A ct. 
(2)Any excess of the Commission’s revenues for any financial ye ar over the sums required by them for that 
year for meeting their obligations and discharging their functi ons under this Act shall be applied by the 
Commission in such manner as the Secretary of State may direct with the approval of the Treasury and 
after consultation with the Commission. 
(3)A direction under sub-paragraph (2) may require the whole or  any part of any excess of the revenues of 
the Commission to be paid into the Consolidated Fund. 
Advances to Commission  
13(1)For the purpose of— 
(a)furnishing the Commission with working capital, or 
(b)enabling them to meet any capital expenditure, 
the Secretary of State may, with the consent of the Treasury, m ake advances to the Commission out of 
money provided by Parliament. (2)The aggregate amount outstanding by way of principal in resp ect of sums advanced to the Commission 
under this paragraph shall not at any time exceed £5 million. 
(3)Any sums advanced under this paragraph shall be repaid to th e Secretary of State at such times and by 
such methods, and interest on those sums shall be paid to him a t such times and at such rates, as he may 
from time to time direct with the consent of the Treasury. 
Accounts and audit  
14(1)The Commission shall keep proper accounts and proper recor ds in relation to the accounts, and shall 
prepare in respect of each financial year a statement of accoun ts in such form as the Secretary of State 
may direct with the approval of the Treasury. 
(2)The accounts of the Commission shall be audited by auditors to be appointed by the Commission with 
the approval of the Secretary of State. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— 
• the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The Commission shall at all reasonable times upon demand mad e by the Secretary of State or by any 
persons authorised by him in that behalf— 
(a)afford to him or them full liberty to examine the accounts o f the Commission; and 
(b)furnish him or them with all forecasts, estimates, informati on and documents which he or they may 
require with respect to the financial transactions and commitme nts of the Commission. 
Annual reports  
15(1)As soon as possible after the end of every financial year,  the Commission shall prepare a general 
report of their proceedings during that year, and transmit it t o the Secretary of State who shall lay copies of 
it before each House of Parliament. 
(2)The report shall include a report by the Commission on the e xtent to which holders of Channel 3 or 
Channel 5 licences have failed to comply with the conditions in cluded in their licences in pursuance of 
section 33(1)(a). (3)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement, and shall include such information (including information relating to 
the financial position of the Commission) as the Secretary of S tate may from time to time direct. 
Advisory committees  
16The Commission may appoint, or arrange for the assistance of,  advisory committees to give advice to 
them on such matters relating to the Commission’s functions as the Commission may determine. 
Sections 5 and 88. 
SCHEDULE 2R ESTRICTIONS ON THE HOLDING OF LICENCES  
PART IGENERAL  
1(1)In this Schedule— 
• “advertising agency” means an individual or a body corporate wh o carries on business as an advertising agent 
(whether alone or in partnership ) or has control over any body corporate which carries on business as an 
advertising agent, and any referenc e to an advertising agency i ncludes a reference to an individual who— 
(a) 
is a director or officer of any b ody corporate which carries on  such a business, or 
(b) 
is employed by any person who carries on such a business; 
• “associate”— 
(a) 
in relation to a body corporate, means a director of that body corporate or a body corpor ate which is a member of 
the same group as tha t body corporate, and 
(b) 
in relation to an individual, shall be construed in accordance with sub-paragraph (2); 
• “control”— 
(a) 
in relation to a body corporat e, shall be construed in accordan ce with sub-paragraph (3), and 
(b) 
in relation to any body other than a body corporate, means the power of a person to secure, by virtue of the rules 
regulating that or any other bod y, that the affa irs of the firs t-mentioned body are conducte d in accordance with the 
wishes of that person; 
• “equity share capital” has the sa me meaning as in the [1985 c. 6.] Companies Act 1985; 
• “local authority”— 
(a) 
in relation to England and Wales, means any of the following, t hat is to say, the council of a county, district or 
London borough, the Co mmon Council of the City of London and th e Council of the Isles of Scilly; 
(b) 
in relation to Scotland, means a  regional, islands or district council; and (c) 
in relation to Northern Ireland, means a district council; 
• “local delivery licence” has the meaning given by section 72(5) , and “local delivery serv ice” has the meaning given 
by section 72(1); 
• “participant”, in relation to a body corporate, means a person who holds or is beneficially entitled to shares in that 
body or who possesses voti ng power in that body. 
(2)For the purpose of determining the persons who are an indivi dual’s associates for the purposes of this 
Schedule, the following persons shall be regarded as associates  of each other, namely— 
(a)any individual and that individual’s husband or wife and any  relative, or husband or wife of a relative, of 
that individual or of that individual’s husband or wife; 
(b)any individual and any body corporate of which that individu al is a director; 
(c)any person in his capacity as trustee of a settlement and th e settlor or grantor and any person 
associated with the settlor or grantor; 
(d)persons carrying on business in partnership and the husband or wife and relatives of any of them; 
(e)any two or more persons acting together to secure or exercis e control of a body corporate or other 
association or to secure control of any enterprise or assets; 
and in this sub-paragraph “relative” means a brother, sister, u ncle, aunt, nephew, niece, lineal ancestor or 
descendant (the stepchild or illegitimate child of any person, or anyone adopted by a person, whether legally 
or otherwise, as his child, being regarded as a relative or tak en into account to trace a relationship in the 
same way as that person’s child); and references to a wife or h usband shall include a former wife or husband 
and a reputed wife or husband. 
(3)For the purposes of this Schedule a person controls a body c orporate if— 
(a)he has a controlling interest in the body, or 
(b)(although not having such an interest in the body) he is abl e, by virtue of the holding of shares or the 
possession of voting power in or in relation to the body or any  other body corporate, to secure that the 
affairs of the body are conducted in accordance with his wishes , or 
(c)he has the power, by virtue of any powers conferred by the a rticles of association or other document 
regulating the body or any other body corporate, to secure that  the affairs of the body are so conducted; 
and for this purpose a person has a controlling interest in a b ody corporate if he holds, or is beneficially 
entitled to, more than 50 per cent. of the equity share capital  in that body, or possesses more than 50 per 
cent. of the voting power in it. 
(4)It is hereby declared that a person may be regarded as contr olling a body corporate by virtue of 
paragraph (b) of sub-paragraph (3) despite the fact that— (a)he does not have a controlling interest in any such other bo dy corporate as is mentioned in that 
paragraph, or 
(b)any such other body corporate does not have a controlling in terest in the body in question, or 
(c)he and any such other body corporate together do not have a controlling interest in that body. 
(5)For the purposes of any provision of this Schedule which ref ers to a body controlled by two or more 
persons or bodies of any description taken together, the person s or bodies in question shall not be 
regarded as controlling the body by virtue of paragraph (b) of sub-paragraph (3) unless they are acting 
together in concert. 
(6)In this Schedule any reference to a participant with more th an a 5 per cent. or (as the case may be) 20 
per cent. interest in a body corporate is a reference to a pers on who— 
(a)holds or is beneficially entitled to more than 5 or (as the case may be) 20 per cent. of the shares in that 
body, or 
(b)possesses more than 5 or (as the case may be) 20 per cent. o f the voting power in that body; 
and, where any such reference has been amended by an order unde r this Schedule varying the percentage 
in question, this sub-paragraph shall have effect in relation t o it subject to the necessary modifications. 
2(1)Any reference in paragraph 1 above to a person— 
(a)holding or being entitled to shares, or any amount of the sh ares or equity share capital, in a body 
corporate, or 
(b)possessing voting power, or any amount of the voting power, in a body corporate, 
is a reference to his doing so, or being so entitled, whether a lone or jointly with one or more other persons 
and whether directly or through one or more nominees. 
(2)For the purposes of that paragraph two bodies corporate shal l be treated as members of the same group 
if— 
(a)one of them is a body corporate of which the other is a subs idiary, or 
(b)both of them are subsidiaries of another body corporate. 
(3)In sub-paragraph (2) “subsidiary” has the meaning given by s ection 736 of the [1985 c. 6.] Companies 
Act 1985. 
3For the purposes of this Schedule the following persons are co nnected with each other in relation to a 
particular licence, namely— 
(a)the licence holder; 
(b)a person who controls the licence holder; 
(c)an associate of the licence holder or of a person falling wi thin sub-paragraph (b); and (d)a body which is controlled by the licence holder or by an as sociate of the licence holder. 
4An order under this Schedule shall not be made by the Secretar y of State unless a draft of it has been laid 
before and approved by a resolution of each House of Parliament . 
PART IIDISQUALIFICATION FOR HOLDING LICENCES  
General disqualification of non-EEC natio nals and bodies having political connections  
1(1)Subject to sub-paragraph (2), the following persons are dis qualified persons in relation to a licence 
granted by the Commission or the Authority— 
(a)an individual who is neither— 
(i)a national of a member State who is ordinarily resident with in the European Economic Community, nor 
(ii)ordinarily resident in the United Kingdom, the Isle of Man or the Channel Islands; 
(b)a body corporate which is neither— 
(i)a body formed under the law of a member State which has its registered or head office or principal place 
of business within the European Economic Community, nor 
(ii)a body incorporated under the law of the Isle of Man or the  Channel Islands; 
(c)a local authority; 
(d)a body whose objects are wholly or mainly of a political nat ure; 
(e)a body affiliated to a body falling within paragraph (d); 
(f)an individual who is an officer of a body falling within par agraph (d) or (e); 
(g)a body corporate which is an associate of a body corporate f alling within paragraph (d) or (e); 
(h)a body corporate in which a body falling within any of parag raphs (c) to (e) and (g) is a participant with 
more than a 5 per cent. interest; 
(i)a body which is controlled by a person falling within any of  paragraphs (a) to (g) or by two or more such 
persons taken together; and 
(j)a body corporate in which a body falling within paragraph (i ), other than one which is controlled— 
(i)by a person falling within paragraph (a), (b) or (f), or 
(ii)by two or more such persons taken together, 
is a participant with more than a 5 per cent. interest. 
(2)Sub-paragraph (1) shall apply in relation to— 
(a)a local delivery licence, 
(b)a licence to provide a non-domestic satellite service, (c)a licence to provide a non-domestic satellite radio service,  
(d)a licence to provide a licensable programme service, 
(e)a licence to provide a licensable sound programme service, o r 
(f)a licence to provide additional services (within the meaning  of Part I or III of this Act) other than a licence 
to provide the teletext service referred to in section 49(2) of  this Act, 
as if paragraphs (a) and (b) (and the reference to those paragr aphs in paragraph (i)) were omitted. 
(3)In sub-paragraph (2)(c) “non-domestic satellite radio servic e” means a satellite service within the 
meaning of Part III of this Act which is not provided on any fr equency allocated to the United Kingdom for 
broadcasting by satellite. 
Disqualification of religious bodies  
2(1)Subject to sub-paragraph (2), the following persons are dis qualified persons in relation to a licence 
granted by the Commission or the Authority— 
(a)a body whose objects are wholly or mainly of a religious nat ure; 
(b)a body which is controlled by a body falling within paragrap h (a) or by two or more such bodies taken 
together; 
(c)a body which controls a body falling within paragraph (a); 
(d)a body corporate which is an associate of a body corporate f alling within paragraph (a), (b) or (c); 
(e)a body corporate in which a body falling within any of parag raphs (a) to (d) is a participant with more 
than a 5 per cent. interest; 
(f)an individual who is an officer of a body falling within par agraph (a); and 
(g)a body which is controlled by an individual falling within p aragraph (f) or by two or more such individuals 
taken together. 
(2)If on an application made to them under this sub-paragraph— 
(a)the Commission are satisfied that it is appropriate for a pe rson to hold— 
(i)a licence to provide a non-domestic satellite service, or 
(ii)a licence to provide a licensable programme service, or 
(b)the Authority are satisfied that it is appropriate for a per son to hold a particular kind of licence that may 
be granted by them under Part III of this Act other than a nati onal licence, 
being a person who, apart from this sub-paragraph, would be a d isqualified person in relation to any such 
licence by virtue of sub-paragraph (1), they shall make a deter mination to the effect that they are so satisfied; and so long as any such determination remains in force in relat ion to that person, sub-paragraph (1) shall 
not apply to him in relation to any such licence. 
(3)The Commission and the Authority shall each publish, in such  manner as they consider appropriate, 
general guidance to persons making applications to them under s ub-paragraph (2) as to the principles to 
be applied by them in determining whether it is appropriate for  such persons to hold licences falling within 
paragraph (a) or (as the case may be) paragraph (b) of that sub -paragraph. 
Disqualification of publicly-funded bodies for radio service licences  
3(1)The following persons are disqualified persons in relation to any licence granted by the Authority other 
than a licence to provide a restricted service— 
(a)a body (other than a local authority) which has, in its last  financial year, received more than half its 
income from public funds; 
(b)a body which is controlled by a body falling within paragrap h (a) or by two or more such bodies taken 
together; and 
(c)a body corporate in which a body falling within paragraph (a ) or (b) is a participant with more than a 5 
per cent. interest. 
(2)For the purposes of sub-paragraph (1)(a) money is received f rom public funds if it is paid— 
(a)by a Minister of the Crown out of money provided by Parliame nt or out of the National Loans Fund; 
(b)by a Northern Ireland department out of the Consolidated Fun d of Northern Ireland or out of money 
appropriated by Measure of the Northern Ireland Assembly; or 
(c)by a body which itself falls within sub-paragraph (1)(a), in cluding a body which falls within that provision 
by virtue of this paragraph; 
but, in each case, there shall be disregarded any money paid as  consideration for the acquisition of property 
or the supply of goods or services or as remuneration, expenses , pensions, allowances or similar benefits 
for or in respect of a person as the holder of an office. 
General disqualification on gr ounds of undue influence  
4(1)A person is a disqualified person in relation to a licence granted by the Commission or the Authority if 
in the opinion of that body— 
(a)any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the 
activities of that person, and 
(b)that influence has led, is leading or is likely to lead to r esults which are adverse to the public interest. 
(2)In sub-paragraph (1) “relevant body”— (a)in relation to a licence granted by the Commission, means a body falling within paragraph 1(1)(c) to (h) 
or (j) above or a body which is controlled— 
(i)by a person falling within paragraph 1(1)(c) to (g) above, o r 
(ii)by two or more such persons taken together; and 
(b)in relation to a licence granted by the Authority, means a b ody falling within paragraph 1(1)(c) to (h) or (j) 
or 3 above or a body which is controlled as mentioned in paragr aph (a)(i) or (ii) above. 
General disqualification of broadcasting bodies  
5The following persons are disqualified persons in relation to a licence granted by the Commission or the 
Authority— 
(a)the BBC; 
(b)the Welsh Authority; 
(c)a body corporate which is controlled by either of those bodi es; and 
(d)a body corporate in which— 
(i)either of those bodies, or 
(ii)a body corporate falling within sub-paragraph (c), 
is (to any extent) a participant. 
General disqualification of advertising agencies  
6The following persons are disqualified persons in relation to a licence granted by the Commission or the 
Authority— 
(a)an advertising agency; 
(b)an associate of an advertising agency; 
(c)any body which is controlled by a person falling within sub- paragraph (a) or (b) or by two or more such 
persons taken together; 
(d)any body corporate in which a person falling within any of s ub-paragraphs (a) to (c) is a participant with 
more than a 5 per cent. interest. 
PART IIIRESTRICTIONS TO PREVENT ACCUMULATIONS OF INTERESTS IN LICENSED SERVICES  
Preliminary  
1(1)In this Part of this Schedule “relevant services” means any  such services as are mentioned in sub-
paragraphs (2) and (3) and, for the purposes of this Part, rele vant services shall (subject to paragraphs 2(1) 
and 5(1) below) be divided into the twelve categories specified  in those sub-paragraphs. 
(2)In the case of services licensed by the Commission, the cate gories are— (a)regional and national Channel 3 services and Channel 5; 
(b)domestic satellite services; 
(c)non-domestic satellite services; 
(d)licensable programme services; 
(e)additional services (within the meaning of Part I of this Ac t); and 
(f)local delivery services. 
(3)In the case of services licensed by the Authority, the categ ories are— 
(a)national radio services; 
(b)local radio services; 
(c)restricted radio services; 
(d)satellite radio services; 
(e)licensable sound programme services; and 
(f)additional services (within the meaning of Part III of this Act). 
(4)References in this Part to national, local, restricted or sa tellite radio services are references to national, 
local, restricted or satellite services within the meaning of P art III of this Act. 
Limits on the holding of licences to prov ide particular categories of services  
2(1)Subject to sub-paragraph (3), the maximum number of licence s which may at any time be held by any 
one person to provide relevant services falling within each of the following categories shall be— 
(a)two in the case of regional Channel 3 services; 
(b)one in the case of national Channel 3 services; 
(c)one in the case of Channel 5; 
(d)one in the case of national radio services; 
(e)twenty in the case of local radio services; and 
(f)six in the case of restricted radio services. 
(2)The Secretary of State may, in the case of any category of r elevant services not falling within sub-
paragraph (1), by order prescribe the maximum number of licence s which may at any time be held by any 
one person to provide relevant services falling within that cat egory. 
(3)The Secretary of State may by order— 
(a)amend sub-paragraph (1) by substituting a different limit fo r any limit for the time being specified there; (b)impose, in relation to any category of relevant services spe cified in or under sub-paragraph (1) or (2), 
limits on the holding of licences to provide relevant services falling within that category which are additional 
to any limits specified in or under that sub-paragraph and are framed— 
(i)by reference to any specified circumstances relating to the holders of the licences in question or to the 
services to be provided under them, or 
(ii)(in the case of licences granted by the Commission) by refe rence to matters determined by them under 
the order. 
(4)Without prejudice to the generality of sub-paragraph (3)(b),  an order made in pursuance of that provision 
may impose on the holder of a licence to provide any specified category of relevant services limits framed 
(directly or indirectly) by reference to either or both of the following matters, namely— 
(a)the number of licences of any one or more specified descript ions which are held by him or by any body 
controlled by him; and 
(b)his participation, to any specified extent, in any body corp orate which is the holder of any licence or 
licences of any one or more such descriptions. 
(5)Where a person holds a licence to provide a local radio serv ice which, in accordance with section 86(2), 
authorises the provision of a multichannel service, he shall be  treated for the purposes of sub-paragraph 
(1) as holding such number of licences to provide local radio s ervices as corresponds to the number of 
channels on which the service may be provided. 
(6)Where a person holds— 
(a)a licence to provide a domestic satellite service, 
(b)a licence to provide a non-domestic satellite service, or 
(c)a licence to provide a satellite radio service, 
which, in accordance with section 44(2), 45(3) or 86(2), author ises the provision of a multichannel service, 
he shall be treated for the purposes of any order under sub-par agraph (2) as holding such number of licences 
to provide domestic satellite services, non-domestic satellite services or (as the case may be) satellite radio 
services as corresponds to the number of channels on which the service may be provided. 
(7)In this paragraph— 
(a)“multichannel service” means a service which to any extent c onsists in the simultaneous transmission of 
different programmes on different frequencies; and 
(b)any reference to the number of channels on which such a serv ice may be provided is a reference to the 
number of different frequencies involved. 
(8)For the purposes of— 
(a)sub-paragraphs (1), (5) and (6), and (b)any order under sub-paragraph (2), 
a person shall be treated as holding a licence if the licence i s held by a person connected with him. 
Limits on the holding of licences to pr ovide different categories of services  
3Where any restriction is imposed by or under paragraph 5 or 6 below on the holder of a particular kind of 
licence in relation to participation in a body corporate which is the holder of another kind of licence, any 
person who holds one of those kinds of licence shall not also h old the other kind of licence. 
Limits on participation by holders of licences in bo dies licensed to provide services of same category  
4The Secretary of State may by order prescribe restrictions on the extent to which the holder of a licence to 
provide a relevant service falling within a particular category  may be a participant— 
(a)in a body corporate which is the holder of another licence t o provide a relevant service falling within that 
category, or 
(b)in two or more such bodies corporate. 
Special rules relating to participation by holders of television broadcasting licences  
5(1)For the purposes of paragraph 4 above and this paragraph th e services specified in paragraph 1(2)(a) 
above shall be divided into the following three categories— 
(a)regional Channel 3 services; 
(b)national Channel 3 services; and 
(c)Channel 5. 
(2)Where a person is the holder of a licence to provide a servi ce falling within one of those categories, he 
shall not be a participant with more than a 20 per cent. intere st in any body corporate which is the holder of 
a licence to provide a service falling within either of the oth er two categories. 
(3)The Secretary of State may by order— 
(a)amend sub-paragraph (2) by substituting a different percenta ge for the percentage for the time being 
specified there; 
(b)prescribe restrictions on the extent to which the holder of a licence to provide a service falling within one 
of the categories specified in sub-paragraph (1) may be a parti cipant in two or more bodies corporate which 
are the holders of licences to provide services falling within either of the other two categories so specified. 
Limits on participation by holders of licences in bodi es licensed to provide services of different category  
6(1)Where a person is the holder of a licence to provide a rele vant service falling within one of the 
categories specified in sub-paragraph (2)(a) or (b) or (3)(a) o f paragraph 1 above, he shall not be a 
participant with more than a 20 per cent. interest in a body co rporate which is the holder of a licence to 
provide a relevant service falling within either of the other c ategories so specified. (2)Subject to sub-paragraphs (3) and (4), where a person— 
(a)is the holder of a licence to provide a non-domestic satelli te service, or 
(b)provides a satellite television service (other than a non-do mestic satellite service) which is provided on a 
non-allocated frequency and appears to the Commission to be int ended for general reception in the United 
Kingdom (whether or not it appears to them to be also intended for such reception elsewhere), 
he shall not be a participant with more than a 20 per cent. int erest in a body corporate which is the holder of 
a licence to provide a relevant service falling within one of t he categories referred to in sub-paragraph (1); 
and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant 
with more than a 20 per cent. interest in a body corporate whic h is the holder of such a licence as is mentioned 
in paragraph (a) above or which provides such a service as is m entioned in paragraph (b) above. 
(3)In sub-paragraph (2)— 
• “non-allocated frequency” means a frequency other than one allo cated to the United Kingdom for broadcasting by 
satellite, and 
• “satellite television service” means a service consisting in th e transmission of television programmes by satellite; 
and a service shall be disregarded for the purposes of paragrap h (a) or (b) of that sub-paragraph if the 
programmes included in the service are at all times the same as  those which are for the time being broadcast 
in a Channel 3 service or on Channel 5. 
(4)Nothing in sub-paragraph (2) shall impose any restriction— 
(a)on the extent to which an excluded licensee may be a partici pant in a body corporate which is the holder 
of a licence to provide a domestic satellite service, or 
(b)on the extent to which the holder of such a licence may be a  participant in a body corporate which is an 
excluded licensee; 
and for this purpose “excluded licensee” means a person who is the holder of a licence to provide a non-
domestic satellite service and— 
(i)is licensed under section 7 of the [1984 c. 12.] Telecommuni cations Act 1984 to provide a specialised 
satellite service, and 
(ii)is so licensed (or, as the case may be, was first so licens ed) by virtue of a licence granted under that 
section before the commencement of sub-paragraph (2), and 
(iii)is not connected with any other person who is the holder o f a licence to provide a non-domestic satellite 
service. 
(5)Where a person is the holder of a licence to provide a satel lite radio service, he shall not be a participant 
with more than a 20 per cent. interest in a body corporate whic h is the holder of a licence to provide a 
relevant service falling within sub-paragraph (2)(a) or (3)(a) of paragraph 1 above; and, where a person is the holder of a licence to provide such a relevant service, he shall not be a participant with more than a 20 
per cent. interest in a body corporate which is the holder of a  licence to provide a satellite radio service. 
(6)Where a person is the holder of a licence to provide a satel lite radio service which is provided on any 
frequency allocated to the United Kingdom for broadcasting by s atellite (“a domestic licence”), he shall not 
be a participant with more than a 20 per cent. interest in a bo dy corporate which is the holder of a licence to 
provide a satellite radio service which is not provided on any such frequency (“a non-domestic licence”); 
and, where a person is the holder of a non-domestic licence, he  shall not be a participant with more than a 
20 per cent. interest in a body corporate which is the holder o f a domestic licence. 
(7)Where a person is the holder of a licence to provide a relev ant service falling within one of the 
categories specified— 
(a)in sub-paragraph (2)(f) or (3)(b) of paragraph 1 above, or 
(b)in paragraph 5(1)(a) above, 
he shall not be a participant with more than a 20 per cent. int erest in a body corporate which is the holder of 
a licence to provide a relevant service falling within either o f the other categories so specified if each of the 
services in question is provided for an area which is to a sign ificant extent the same as that for which the 
other is provided. 
(8)The Secretary of State may by order prescribe restrictions— 
(a)on the extent to which— 
(i)the holder of a relevant national or satellite licence, or 
(ii)a person providing such a service as is mentioned in sub-pa ragraph (2)(b), 
may be a participant in a body corporate which is the holder of  a relevant local licence, or in two or more 
such bodies corporate, and 
(b)on the extent to which the holder of a relevant local licenc e may be a participant in a body corporate 
which— 
(i)is the holder of a relevant national or satellite licence, o r 
(ii)provides such a service as is mentioned in sub-paragraph (2 )(b), 
or in two or more such bodies corporate. 
(9)In sub-paragraph (8)— 
• “relevant local licence” means a licence to provide a relevant service falling within either o f the categories specified 
in paragraph 1(2)(f) or (3)(b) above; and 
• “relevant national or satellite licence” means a licence to pro vide a relevant service falling within one of the 
categories specified— 
(a) in paragraph 1(2)(b) or (c)  or (3)(a) or (d) above, or 
(b) 
in paragraph 5(1)(b) or (c) above. 
(10)The Secretary of State may by order amend any of sub-paragr aphs (1), (2) and (5) to (7) by 
substituting a different percentage for the percentage for the time being specified there. 
Limits on participation in bodies holding licences to extend to participation in bodies controlling such bodies  
7(1)Any restriction imposed by or under paragraph 4, 5 or 6 abo ve on participation— 
(a)in a body corporate which is the holder of a particular kind  of licence, or 
(b)in two or more such bodies, 
shall apply equally to participation— 
(i)in a body corporate which controls the holder of such a lice nce, or 
(ii)in two or more bodies corporate each of which controls the holder of such a licence, 
as the case may be. 
(2)Any restriction imposed under paragraph 6(8)(b) above on par ticipation in a body corporate providing 
such a service as is mentioned in paragraph 6(2)(b) shall apply  equally to participation in a body corporate 
which controls a body providing such a service. 
Attribution of interest s of connected persons  
8(1)Any restriction on participation imposed by or under paragr aph 4, 5 or 6 above— 
(a)on the holder of a licence, or 
(b)on a person providing such a service as is mentioned in para graph 6(2)(b), 
shall apply to him as if he and every person connected with him  were one person. 
(2)For the purposes of this paragraph and paragraph 9 below the  following persons shall be treated as 
connected with a person providing such a service as is mentione d in paragraph 6(2)(b), namely— 
(a)a person who controls that person; 
(b)an associate of that person or of a person falling within pa ragraph (a); and 
(c)a body which is controlled by that person or by an associate  of that person. 
Restrictions imposed by orders  
9(1)Without prejudice to the generality of paragraph 4 or 6(8) above, an order made in pursuance of that 
provision may impose restrictions framed by reference to the nu mber of bodies corporate in which the 
holder of a licence, or any person connected with him, is a par ticipant, and an order made in pursuance of 
paragraph 6(8)(a)(ii) may impose restrictions framed by referen ce to the number of bodies corporate in which a person providing such a service as is mentioned in para graph 6(2)(b), or any person connected 
with him, is a participant. 
(2)Paragraph 8(2) above applies for the purposes of this paragr aph. 
Power to impose restrictions on participat ion by persons other than licence holders  
10(1)Where, by virtue of any provision of this Part of this Sch edule, any restriction applies in relation to 
participation in any body or bodies corporate of a particular d escription, the Secretary of State may by order 
provide for further restrictions to apply in relation to partic ipation in any such body or bodies corporate, 
being restrictions which— 
(a)are imposed on persons to whom the first-mentioned restricti on does not apply, and 
(b)are framed by reference to the number of bodies corporate in  which such persons, or persons connected 
with them, are participants. 
(2)For the purposes of this paragraph the following persons sha ll be treated as connected with a particular 
person, namely— 
(a)a person who controls that person; 
(b)an associate of that person or of a person falling within pa ragraph (a); and 
(c)a body which is controlled by that person or by an associate  of that person. 
PART IVRESTRICTIONS ON CONTROLLING INTERESTS IN BOTH NEWSPAPERS AND LICENSED 
SERVICES  
Preliminary  
1(1)In this Part of this Schedule references to a national or l ocal newspaper are (subject to sub-paragraph 
(2)) references to a national or local newspaper circulating wh olly or mainly in the United Kingdom or in a 
part of the United Kingdom. 
(2)The relevant authority may determine that a newspaper which would not otherwise be a national or local 
newspaper for the purposes of this Part of this Schedule shall be treated as a national or (as the case may 
be) a local newspaper for the purposes of any particular restri ction imposed by or under this Part of this 
Schedule if it appears to them to be appropriate for the newspa per to be so treated having regard to its 
circulation or influence in the United Kingdom or (as the case may be) in a part of the United Kingdom; and 
in this sub-paragraph “the relevant authority”— 
(a)in relation to a restriction having effect in relation to an y licence which may be granted by the 
Commission, means the Commission; and 
(b)in relation to a restriction having effect in relation to an y licence which may be granted by the Radio 
Authority, means that Authority. (3)For the purposes of this Part of this Schedule the following  persons are connected with each other in 
relation to a particular national or local newspaper, namely— 
(a)the proprietor of the newspaper; 
(b)a person who controls the proprietor; 
(c)an associate of the proprietor or of a person falling within  paragraph (b); and 
(d)a body which is controlled by the proprietor or by an associ ate of the proprietor. 
(4)Any reference in this Part of this Schedule, in relation to a local newspaper, to a relevant local radio 
service or a relevant local delivery service is a reference to a local radio service or a local delivery service 
which serves an area which is to a significant extent the same as that served by the newspaper. 
(5)Paragraph 1(4) in Part III of this Schedule shall have effec t for the purposes of this Part of this Schedule 
as it has effect for the purposes of Part III. 
Restrictions on proprietors of newspapers  
2(1)Subject to sub-paragraph (2), no proprietor of a national o r local newspaper shall be a participant with 
more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide— 
(a)a Channel 3 service or Channel 5, or 
(b)a national radio service. 
(2)Sub-paragraph (1) shall not impose any restriction on the pr oprietor of a local newspaper as respects 
participation in a body corporate which is the holder of a lice nce to provide a regional Channel 3 service 
except where the newspaper and the service each serve an area w hich is to a significant extent the same 
as that served by the other. 
(3)No person who— 
(a)is the proprietor of a national newspaper, and 
(b)is a participant with more than a 5 per cent. interest in a body corporate falling within sub-paragraph (1) 
(but, in accordance with that sub-paragraph, is not a participa nt with more than a 20 per cent. interest in it), 
shall be a participant with more than a 5 per cent. interest in  any other such body corporate. 
(4)No person who is the proprietor of a local newspaper shall b e a participant with more than a 20 per cent. 
interest in a body corporate which is the holder of a licence t o provide a relevant local radio service or a 
relevant local delivery service. 
(5)The Secretary of State may by order— 
(a)amend sub-paragraph (1), (3) or (4) by substituting a differ ent percentage for the percentage for the time 
being specified there; (b)prescribe restrictions (in addition to that imposed by sub-p aragraph (3)) on the extent to which the 
proprietor of a national or local newspaper may be a participan t in two or more bodies corporate which are 
the holders of licences to provide services falling within sub- paragraph (1)(a) or (b); 
(c)prescribe restrictions on the extent to which the proprietor  of a national newspaper may be a participant 
in a body corporate which is the holder of a licence to provide  a relevant service falling within paragraph 
1(2)(f) or (3)(b) in Part III of this Schedule, or in two or mo re such bodies corporate; 
(d)prescribe restrictions on the extent to which the proprietor  of a local newspaper may be a participant in 
two or more bodies corporate which are the holders of licences to provide relevant local radio services or 
relevant local delivery services; 
(e)prescribe restrictions on the extent to which a person who i s the proprietor of a newspaper of any 
specified description may be a participant in a body corporate which is the holder of a licence to provide 
any specified description of service falling within paragraph 1 (2)(b) or (c) or (3)(d) in Part III of this 
Schedule or in two or more such bodies corporate. 
(6)Paragraph 7(1) in Part III of this Schedule shall have effec t in relation to any restriction imposed by or 
under this paragraph as it has effect in relation to any restri ction imposed by or under paragraph 4, 5 or 6 in 
Part III. 
Restrictions on holders of licences  
3(1)Subject to sub-paragraph (2), no person who is the holder o f a licence to provide— 
(a)a Channel 3 service or Channel 5, or 
(b)a national radio service, 
shall be a participant with more than a 20 per cent. interest i n a body corporate which runs a national or local 
newspaper. 
(2)Sub-paragraph (1) shall not impose any restriction on the ho lder of a licence to provide a regional 
Channel 3 service as respects participation in a body corporate  which runs a local newspaper except 
where the service and the newspaper each serve an area which is  to a significant extent the same as that 
served by the other. 
(3)No person who— 
(a)is the holder of any such licence as is mentioned in sub-par agraph (1), and 
(b)is a participant with more than a 5 per cent. interest in a body corporate which runs a national 
newspaper (but, in accordance with that sub-paragraph, is not a  participant with more than a 20 per cent. 
interest in it), 
shall be a participant with more than a 5 per cent. interest in  any other such body corporate. (4)No person who is the holder of a licence to provide a releva nt local radio service or a relevant local 
delivery service shall be a participant with more than a 20 per  cent. interest in a body corporate which runs 
a local newspaper. 
(5)The Secretary of State may by order— 
(a)vary sub-paragraph (1), (3) or (4) by substituting a differe nt percentage for the percentage for the time 
being specified there; 
(b)prescribe restrictions (in addition to that imposed by sub-p aragraph (3)) on the extent to which the holder 
of such a licence as is mentioned in sub-paragraph (1) may be a  participant in two or more bodies 
corporate which run national or local newspapers; 
(c)prescribe restrictions on the extent to which the holder of a licence to provide a relevant service falling 
within paragraph 1(2)(f) or (3)(b) in Part III of this Schedule  may be a participant in a body corporate which 
runs a national newspaper, or in two or more such bodies corpor ate; 
(d)prescribe restrictions on the extent to which the holder of such a licence as is mentioned in sub-
paragraph (4) may be a participant in two or more bodies corpor ate which run local newspapers; 
(e)prescribe restrictions on the extent to which the holder of a licence to provide any specified description 
of service falling within paragraph 1(2)(b) or (c) or (3)(d) in  Part III of this Schedule may be a participant in a 
body corporate which runs a national or local newspaper, or in two or more such bodies corporate. 
(6)For the purposes of this paragraph a person runs a national or local newspaper if— 
(a)he is the proprietor of such a newspaper; or 
(b)he controls a body which is the proprietor of such a newspap er. 
Attribution of interest s of connected persons  
4Any restriction on participation imposed by or under paragraph  2 or 3 above— 
(a)on the proprietor of any newspaper, or 
(b)on the holder of any licence, 
shall apply to him as if he and every person connected with him  were one person. 
Restrictions imposed by orders  
5Without prejudice to the generality of paragraph 2(5) or 3(5) above, an order made in pursuance of that 
provision may impose restrictions framed by reference to the nu mber of bodies corporate in which— 
(a)the proprietor of a newspaper, or 
(b)the holder of a licence, 
as the case may be, or any person connected with any such perso n, is a participant. PART VRESTRICTION ON HOLDING OF LICENCES BY OPERATORS OF PUBLIC 
TELECOMMUNICATION SYSTEMS  
The Secretary of State may by order specify categories of licen ces granted by the Commission 
or the Authority which may not be held by all or any of the fol lowing, namely— 
(a)a national public telecommunications operator or a national public telecommunications operator of any 
description specified in the order; 
(b)a person who controls such an operator; 
(c)an associate of such an operator or of a person falling with in sub-paragraph (b); 
(d)a body which is controlled by such an operator or by an asso ciate of such an operator. 
In this paragraph “national public telecommunications operator”  means a public 
telecommunications operator (within the meaning of the [1984 c.  12.] Telecommunications Act 
1984) who is authorised to run a telecommunication system for t he whole, or substantially the 
whole, of the United Kingdom. 
Section 23. 
SCHEDULE 3T HE CHANNEL FOUR TELEVISION CORPORATION : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The Corporation shall be a body corporate. 
(2)The Corporation shall not be treated for the purposes of the  enactments and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. 
(3)It shall be within the capacity of the Corporation as a stat utory corporation to do such things and enter 
into such transactions as are incidental or conducive to the di scharge of their functions under this Act, 
including the borrowing of money. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the Co rporation so long as he is— 
(a)a governor or employee of the BBC; 
(b)a member or employee of the Commission; 
(c)a member or employee of the Radio Authority established by t his Act; 
(d)a member or employee of the Broadcasting Complaints Commissi on; or 
(e)a member or employee of the Broadcasting Standards Council e stablished by this Act. 
(2)Before appointing a person to be a member of the Corporation , the Commission shall satisfy themselves 
that that person will have no such financial or other interest as is likely to affect prejudicially the discharge 
by him of his functions as a member of the Corporation; and the  Commission shall also satisfy themselves 
from time to time with respect to every member of the Corporati on that he has no such interest. (3)Any person who is, or whom the Commission propose to appoint  to be, a member of the Corporation 
shall, whenever requested by the Commission to do so, furnish t hem with such information as they 
consider necessary for the performance by them of their duties under sub-paragraph (2). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the Corporation shall hold and 
vacate office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the Corpor ation for more than five years at a time. 
(3)Any member of the Corporation may at any time resign his off ice by notice to the Commission. 
(4)This paragraph does not apply in relation to ex-officio memb ers of the Corporation. 
Remuneration and pensions of members  
4(1)The Corporation may pay — 
(a)to each member other than an ex-officio member such remunera tion and allowances, and 
(b)to each ex-officio member such allowances, 
as the Commission may determine. 
(2)The Corporation may pay or make provision for paying to or i n respect of any member such sums by 
way of pensions, allowances or gratuities as the Commission may  determine. 
(3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Commission that there are special circumstances which ma ke it right for him to receive 
compensation, the Corporation may make a payment to him of such  amount as the Commission may 
determine. 
(4)Sub-paragraphs (2) and (3) do not apply in relation to ex-of ficio members of the Corporation. 
(5)The approval of the Treasury shall be required for any deter mination under this paragraph other than a 
determination under sub-paragraph (1) having effect in relation  to an ex-officio member of the Corporation. 
Disqualification of members of Corporation for House of Commons and Northern Ireland Assembly  
5In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“The Channel Four Television Corporation”; 
and a corresponding amendment shall be made in Part II of Sched ule 1 to the [1975 c. 25.] Northern Ireland 
Assembly Disqualification Act 1975. 
Proceedings  6(1)Subject to paragraph 7, the quorum of the Corporation and t he arrangements relating to their meetings 
shall be such as the Corporation may determine. 
(2)The arrangements may, with the approval of the Commission, p rovide for the discharge, under the 
general direction of the Corporation, of any of the Corporation ’s functions by a committee or by one or more 
of the members or employees of the Corporation. 
7(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Corporation shall disclose th e nature of his interest to the meeting; and, 
where such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Corporation, or of any of their committees, with respect to tha t matter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Corporation at which all of the 
other members present resolve that the member’s interest should  be disregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Corporation by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Corpo ration in order to make a disclosure which 
he is required to make under this paragraph if he takes reasona ble steps to secure that the disclosure is 
made by a notice which is taken into consideration and read at the meeting. 
(5)In this paragraph references to a meeting of the Corporation  include references to a meeting of any of 
their committees. 
8The validity of any proceedings of the Corporation shall not b e affected by any vacancy among the 
members or by any defect in the appointment of a member or by a ny failure to comply with the 
requirements of paragraph 7. 
Employees of the Corporation  
9(1)The Corporation shall appoint a chief executive of the Corp oration, and may appoint such other 
employees as they may determine. 
(2)If the Corporation determine to do so in the case of any of their employees, the Corporation shall pay to 
or in respect of those employees such pensions, allowances or g ratuities, or provide and maintain for them 
such pension schemes (whether contributory or not), as the Corp oration may determine. 
(3)If any employee of the Corporation— (a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the Corporation other than an ex-officio  member, 
he may, if the Commission so determine, be treated for the purp oses of the pension scheme as if his service 
as a member of the Corporation were service as an employee of t he Corporation. 
Authentication of Corporation’s seal  
10The application of the seal of the Corporation shall be authe nticated by the signature of the chairman or 
of some other person authorised for the purpose. 
Presumption of authenticity of documents issued by Corporation  
11Any document purporting to be an instrument issued by the Cor poration and to be duly executed under 
the seal of the Corporation or to be signed on behalf of the Co rporation shall be received in evidence and 
shall be deemed to be such an instrument unless the contrary is  shown. 
Accounts and audit  
12(1)The Corporation shall keep proper accounts and proper reco rds in relation to the accounts, and shall 
prepare in respect of each financial year a statement of accoun ts in such form as the Secretary of State 
may direct with the approval of the Treasury. 
(2)The accounts of the Corporation shall be audited by auditors  to be appointed by the Corporation with the 
approval of the Secretary of State. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— 
• the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The Corporation shall at all reasonable times upon demand ma de by the Secretary of State or by any 
persons authorised by him in that behalf— 
(a)afford to him or them full liberty to examine the accounts o f the Corporation; and 
(b)furnish him or them with all forecasts, estimates, informati on and documents which he or they may 
require with respect to the financial transactions and commitme nts of the Corporation. Annual reports  
13(1)As soon as possible after the end of every financial year,  the Corporation shall prepare a general 
report of their proceedings during that year, and transmit it t o the Secretary of State who shall lay copies of 
it before each House of Parliament. 
(2)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement, and shall include such information (including information relating to 
the financial position of the Corporation) as the Secretary of State may from time to time direct. 
Section 39. 
SCHEDULE 4R EFERENCES WITH RESPECT TO NETWORKING ARRANGEMENTS  
Report by Director on reference under s. 39  
1(1)Where any reference is made to the Director General of Fair  Trading (“the Director”) under section 
39(12)(a), it shall be the duty of the Director— 
(a)to publish a notice of the reference, together with a descri ption of the arrangements to which it relates, in 
such manner as he considers most suitable for bringing it to th e attention of persons who, in his opinion, 
would be affected by or be likely to have an interest in it; 
(b)to consider whether those arrangements satisfy the competiti on test in accordance with paragraph 2; 
and 
(c)to make a report on those arrangements within the period of six months beginning with the date of 
publication of the notice referred to in paragraph (a). 
(2)If, while the Director is proceeding with any such reference , he is informed in accordance with section 
39(12)(b) of this Act of any modification to the arrangements i n question, he may, if he thinks fit, treat the 
reference as varied so far as is necessary to take account of t he modification; and, if he does so, 
references to those arrangements in sub-paragraph (1)(b) and (c ) shall accordingly be construed as 
references to those arrangements as modified. 
(3)The Director’s report on any arrangements shall contain his conclusions on the question whether the 
arrangements satisfy the competition test and may contain such an account of his reasons for those 
conclusions as is, in his opinion, expedient for facilitating a  proper understanding of those conclusions. 
(4)If those conclusions are to the effect that the arrangements  do not satisfy the competition test, the report 
shall specify the modifications which the Director considers wo uld, if incorporated in the arrangements, 
result in them satisfying that test. 
(5)Subsections (6) and (7) of section 186 of this Act shall hav e effect in relation to any report made by the 
Director under this paragraph as they have effect in relation t o any report made by him under that section. 
(6)The Director shall send a copy of any report made by him und er this paragraph to the Commission and 
to every holder of a regional Channel 3 licence. The competition test  
2(1)For the purposes of this Schedule arrangements satisfy the competition test if— 
(a)they do not have, and are not intended or likely to have, th e effect of restricting, distorting or preventing 
competition in connection with any business activity in the Uni ted Kingdom; or 
(b)they do have, or are intended or likely to have, such an eff ect but they would satisfy the criteria set out in 
paragraph 3 of Article 85 of the E.E.C. Treaty (agreements cont ributing to improving the production or 
distribution of goods or to promoting technical or economic pro gress) if that paragraph were to be 
construed as relating only to the effects within the United Kin gdom of agreements between undertakings. 
(2)For the purposes of sub-paragraph (1)(b) any arrangements ma de by the Commission shall be treated 
as if they constituted an agreement between undertakings within  the meaning of Article 85(3). 
(3)In determining whether any arrangements would satisfy the cr iteria referred to in that provision, the 
Director or, as the case may be, the Monopolies and Mergers Com mission (“the MMC”) shall have regard 
to any principles laid down by or decision of the European Cour t, or any court attached thereto, so far as 
relevant to the construction of Article 85(3). 
Duty to modify arrangements in consequence of Director’s report  
3(1)Where the Director’s report on any arrangements specifies a ny modifications in pursuance of 
paragraph 1(4), then (subject to sub-paragraph (2))— 
(a)if the arrangements were made by the holders of regional Cha nnel 3 licences, the Commission shall 
notify all the holders of such licences of the period within wh ich the modifications are to be incorporated in 
the arrangements, being such period as may be determined by the  Director after consulting the 
Commission; and 
(b)if the arrangements were made by the Commission, the Commiss ion shall— 
(i)incorporate those modifications in the arrangements with eff ect from such date as may be so determined, 
and 
(ii)notify all the holders of such licences of the arrangements  as modified. 
(2)If a reference relating to the Director’s report is made to the MMC under paragraph 4 and they have 
begun to proceed with it in accordance with that paragraph, the  modifications referred to in sub-paragraph 
(1) above shall not be required to be incorporated in the arran gements by virtue of that sub-paragraph— 
(a)if the reference is in respect of the arrangements as a whol e, or 
(b)(in any other case) to the extent that the modifications fal l to be considered by the MMC on the 
reference. 
(3)Each regional Channel 3 licence shall include such condition s as appear to the Commission to be 
appropriate in consequence of this paragraph. References to MMC  
4(1)Where the Director’s report on any arrangements contains an y such conclusions as are mentioned in 
paragraph 1(4), the Commission or the holder of any regional Ch annel 3 licence may, within the relevant 
period, make to the MMC a reference which is so framed as to re quire the MMC to investigate and report 
on either or both of the following questions, namely— 
(a)whether the arrangements, or any particular provisions of th e arrangements, satisfy the competition test; 
(b)whether the modifications specified in the report, or any pa rticular modification so specified, ought to be 
incorporated in the arrangements for the purpose of enabling th em to satisfy that test. 
(2)In sub-paragraph (1) “the relevant period” means the period of four weeks beginning with the date of 
publication of the Director’s report. 
(3)Where a reference is made to the MMC under this paragraph, t he MMC shall (subject to sub-paragraphs 
(4) and (5))— 
(a)publish a notice of the reference in such manner as they con sider most suitable for bringing it to the 
attention of persons who, in the opinion of the MMC, would be a ffected by or be likely to have an interest in 
it; and 
(b)make a report on the reference within the period of three mo nths beginning with the date of publication 
of the notice referred to in paragraph (a). 
(4)The period referred to in sub-paragraph (3)(b) may be extend ed by the MMC by a further period of three 
months if they consider it necessary to do so. 
(5)The MMC shall not be required to proceed with any reference under this paragraph which appears to 
them to be frivolous or vexatious; but, where they decide not t o proceed with any such reference, they shall 
publish a notice of their decision in such manner as they consi der appropriate. 
(6)If— 
(a)while the MMC are proceeding with any reference under this p aragraph, the Director is informed in 
accordance with section 39(12)(b) of this Act of any modificati on to the arrangements in respect of which 
the reference has been made, and 
(b)it appears to him that the modification is material to any i ssue falling to be considered by the MMC on 
the reference, 
he shall refer the modification to the MMC, who may, if they th ink fit, treat the reference as varied so far as 
is necessary to take account of the modification; and, if they do so, references to those arrangements in 
paragraphs 5 and 6 shall accordingly be construed as references  to those arrangements as modified. 
(7)The following provisions, namely— (a)sections 81 (procedure in carrying out investigations) and 8 5 (attendance of witnesses and production of 
documents) of the [1973 c. 41] Fair Trading Act 1973, 
(b)Part II of Schedule 3 to that Act (performance of functions of MMC), and 
(c)section 24 of the [1980 c. 21] Competition Act 1980 (modific ation of provisions about performance of 
such functions), 
shall apply in relation to references under this paragraph as i f— 
(i)the functions of the MMC in relation to such references were  functions under the Fair Trading Act 1973, 
(ii)the expression “merger reference” included a reference unde r this paragraph, 
(iii)in the said section 81, subsections (3) and (4) were omitt ed, and 
(iv)in the said Schedule 3, paragraphs 11 and 16(2) were omitte d. 
Report by MMC on reference under paragraph 4  
5(1)The MMC’s report on a reference under paragraph 4 shall con tain their conclusions on the question or 
questions comprised in the reference, together with such an acc ount of their reasons for those conclusions 
as is, in their opinion, expedient for facilitating a proper un derstanding of those conclusions. 
(2)If the MMC’s conclusions on any such question as is mentione d in paragraph 4(1)(a) are to the effect 
that the arrangements, or any particular provisions of the arra ngements, do not satisfy the competition test, 
the report shall specify the modifications which the MMC consid er would, if incorporated in the 
arrangements, result in the arrangements or (as the case may be ) the provisions in question satisfying that 
test (and those modifications may to any extent differ from tho se specified by the Director in pursuance of 
paragraph 1(4)). 
(3)If the MMC’s conclusions on any such question as is mentione d in paragraph 4(1)(b) are to the effect 
that any modification so specified by the Director ought to be incorporated for the purpose mentioned in 
that provision, the MMC shall (unless the report specifies a li ke modification in pursuance of sub-paragraph 
(2) above) affirm that modification in the report; but, if thei r conclusions on any such question are to the 
effect that any such modification ought not to be so incorporat ed, the report shall specify such other 
modification (if any) as appears to them to be appropriate for that purpose. 
(4)The MMC shall— 
(a)publish any report made by them under this paragraph in such  manner as they consider appropriate; 
and 
(b)send a copy of it to the Director, to the Commission and to every holder of a regional Channel 3 licence. 
(5)Section 82 of the [1973 c. 41] Fair Trading Act 1973 (genera l provisions as to reports) shall apply in 
relation to reports of the MMC on references under paragraph 4 as it applies in relation to reports of the 
MMC under that Act. Duty to modify arrangements in consequence of MMC’s report  
6(1)Where the MMC’s report on any reference under paragraph 4 s pecifies any modifications or 
modification in pursuance of paragraph 5(2) or (3), or any modi fication specified by the Director is affirmed 
in such a report, then— 
(a)if the arrangements to which the report relates were made by  the holders of regional Channel 3 licences, 
the Commission shall notify all the holders of such licences of  the period within which any such 
modifications or modification are or is to be incorporated in t he arrangements, being such period as may be 
determined by the Director after consulting the Commission; and  
(b)if those arrangements were made by the Commission, the Commi ssion shall— 
(i)incorporate any such modifications or modification in the ar rangements with effect from such date as may 
be so determined, and 
(ii)notify all the holders of such licences of the arrangements  as modified. 
(2)Paragraph 3(3) shall have effect in relation to this paragra ph as it has effect in relation to paragraph 3. 
Power of Director to review previous decision with respect to arrangements  
7(1)The Director may at any time after making a report under pa ragraph 1 with respect to any 
arrangements— 
(a)consider afresh whether the arrangements (as for the time be ing in force) satisfy the competition test; 
and 
(b)make a further report on those arrangements in accordance wi th sub-paragraphs (3) to (5) of paragraph 
1. 
(2)If, while any arrangements are under consideration by the Di rector under this paragraph, he is informed 
in accordance with section 39(12)(b) of this Act of any modific ation of those arrangements, he may, if he 
thinks fit, decide to vary the matters under consideration so f ar as is necessary to take account of the 
modification; and, if he does so, references to those arrangeme nts in sub-paragraph (1)(a) and (b) above 
shall accordingly be construed as references to those arrangeme nts as modified. 
(3)The Director shall send a copy of any report made by him und er this paragraph to the Commission and 
to every holder of a regional Channel 3 licence. 
(4)Paragraphs 2 to 6 shall have effect in relation to any such report as they have effect in relation to a 
report made by the Director under paragraph 1. 
Power to obtain information  
8(1)The Director may serve on any person a notice requiring him , at a time and a place specified in the 
notice— (a)to produce to the Director such documents specified or descr ibed in the notice (being documents in the 
custody or under the control of that person), or 
(b)to furnish him, in a form specified in the notice, with such  estimates, returns or other information 
specified or described in it, 
as he may require for the purpose of making any report under th is Schedule. 
(2)A person shall not by virtue of sub-paragraph (1) be compell ed— 
(a)to produce any document which he could not be compelled to p roduce in civil proceedings before the 
High Court or (in Scotland) the Court of Session, or 
(b)in complying with any requirement for the furnishing of evid ence, to give any information which he could 
not be compelled to give in evidence in such proceedings. 
(3)In section 85 of the [1973 c. 41] Fair Trading Act 1973, as amended by the [1989 c. 40.] Companies Act 
1989, subsections (6) to (8) (enforcement of notices requiring production of documents) shall apply in 
relation to a notice under sub-paragraph (1) above as they appl y in relation to a notice under subsection (1) 
of that section, but as if, in subsection (7) of that section, there were substituted “the Director” for the words 
from “any one” to “the Commission”. 
(4)In that Act, as so amended, section 93B (false or misleading  information) shall apply in relation to the 
furnishing of information to the Director or the MMC in connect ion with his or their functions under this 
Schedule as it applies in relation to the furnishing of informa tion as mentioned in subsection (1)(a) or (b) of 
that section. 
Duty of Director to assist MMC  
9(1)It shall be the duty of the Director, for the purpose of as sisting the MMC in carrying out an investigation 
on a reference made to them under paragraph 4, to give to the M MC— 
(a)any information which is in his possession and which relates  to matters falling within the scope of the 
investigation, and which is either— 
(i)requested by the MMC for that purpose, or 
(ii)information which in his opinion it would be appropriate fo r that purpose to give to the MMC without any 
such request, and 
(b)any other assistance which the MMC may require, and which it  is within his power to give, in relation to 
any such matters; 
and the MMC shall, for the purpose of carrying out any such inv estigation, take account of any information 
given to them for that purpose under this sub-paragraph. 
(2)Sub-paragraph (1) shall not affect the operation of paragrap h 4(6). 
Interpretation  10In this Schedule— 
• “the Director” means the Director  General of Fair Trading; and 
• “the MMC” means the Monopolie s and Mergers Commission. 
Section 50. 
SCHEDULE 5S PECIAL PROVISIONS RELATING TO PUBLIC TELETEXT SERVICE  
The relevant service  
1In this Schedule “the relevant service” means the teletext ser vice referred to in section 49(2) of this Act. 
Applications for licence to provide the relevant service  
2(1)Where any such application as is mentioned in section 50(3)  of this Act is made in respect of a licence 
to provide the relevant service— 
(a)the application shall be accompanied by the applicant’s prop osals for providing a service that would 
comply with the requirements specified in paragraph 3(2) below,  and 
(b)section 50(4) shall have effect as if the reference to secti on 50(3)(b) or (d) included a reference to 
paragraph (a) above. 
(2)The Commission shall, when publishing a notice under section  50(1) in respect of the grant of a licence 
to provide the relevant service, publish with the notice genera l guidance to applicants for the licence which 
contains examples of the kinds of material whose inclusion in t he service proposed by any such applicant 
under sub-paragraph (1)(a) above would be likely to result in a  finding by the Commission that the service 
would comply with the requirements specified in paragraph 3(2) below. 
(3)The notice to be published by the Commission under section 5 0(6) in respect of the applications made in 
pursuance of such a notice as is mentioned in sub-paragraph (2)  above shall include the proposals 
submitted by each of the applicants under sub-paragraph (1)(a) above. 
(4)The Commission shall also publish in such manner as they con sider appropriate a notice— 
(a)inviting representations to be made to them with respect to any matters published by them in 
accordance with section 50(6)(c) or sub-paragraph (3) above, an d 
(b)specifying the manner in which, and the time by which, any s uch representations are to be so made. 
(5)The notice referred to in sub-paragraph (4) above shall be p ublished as soon as reasonably practicable 
after the date specified in the notice under section 50(1) as t he closing date for applications for the licence. 
Consideration of applications and award of licence  
3(1)Where a person has, in accordance with section 50 of this A ct and paragraph 2 above, made an 
application for a licence to provide the relevant service, the Commission shall not proceed to consider 
whether to award him the licence on the basis of his cash bid i n accordance with section 51(3) and (4) of this Act unless it appears to them that his proposed service wo uld comply with the requirements specified 
in sub-paragraph (2). 
(2)Those requirements are— 
(a)that the service includes a sufficient amount of news items which are of high quality and deal with both 
national and international matters; 
(b)that the service includes a sufficient amount of information  which is of particular interest to persons living 
within different areas for which the service is provided; and 
(c)that (taken as a whole) the service includes a sufficient am ount of information (other than news) which is 
calculated to appeal to a wide variety of tastes and interests.  
(3)Section 51(1) shall accordingly have effect in relation to a  licence to provide the relevant service as if the 
reference to the requirements of section 51(1)(a) and (b) inclu ded a reference to the requirements specified 
in sub-paragraph (2) above. 
(4)In deciding whether an applicant’s proposed service would co mply with those requirements, the 
Commission shall take into account any representations made to them in pursuance of paragraph 2(4)(b) 
above. 
(5)Where the Commission have awarded a licence to provide the r elevant service to any person in 
accordance with section 51(3) and (4), the matters to be publis hed by them in accordance with section 
17(11)(a) and (12) of this Act (as they have effect in accordan ce with section 51(3) and (4)) shall include 
the name of every other applicant in whose case it appeared to them that his proposed service would 
comply with the requirements specified in sub-paragraph (2) abo ve. 
Conditions requiring licence holder to deliver promised service  
4(1)A licence to provide the relevant service shall include suc h conditions as appear to the Commission to 
be appropriate for securing that the service provided under the  licence accords with the proposals 
submitted by the licence holder under paragraph 2(1)(a) above. 
(2)Any conditions imposed in pursuance of sub-paragraph (1) abo ve may be varied by the Commission 
with the consent of the licence holder (and section 3(4)(b) sha ll accordingly not apply to any such 
variation). 
Failure to begin providing licensed service and financial penalties on revocation of licence  
5(1)Subject to sub-paragraph (2), section 18 of this Act shall apply in relation to a licence to provide the 
relevant service as it applies in relation to a licence to prov ide a Channel 3 service. 
(2)In the application of that section in relation to a licence to provide the relevant service— 
(a)the reference in section 18(1) to section 17 shall be constr ued as a reference to that section as applied 
by section 51(3) of this Act; and (b)the reference in section 18(4) to section 19(2) to (6) shall  be construed as a reference to section 52(2) of 
this Act. 
Renewal of licence to provide relevant service  
6Section 53(5) of this Act shall have effect in relation to an application for the renewal of a licence to 
provide the relevant service as if, in addition to the grounds for refusing an application which are specified 
in paragraphs (a) to (c) of that provision, there were specifie d the following ground, namely that the 
Commission are not satisfied that the applicant would, if his l icence were renewed, provide a service which 
complied— 
(a)with the conditions included in the licence in pursuance of paragraph 4 above (whether as originally 
imposed or as varied under sub-paragraph (2) of that paragraph) , or 
(b)with the requirements specified in paragraph 3(2) above. 
Additional methods of enforcement of licence to provide relevant service  
7(1)Subject to sub-paragraph (2), sections 40 and 41 of this Ac t shall apply in relation to a licence to 
provide the relevant service as they apply in relation to a lic ence to provide a Channel 3 service. 
(2)In the application of those sections in relation to a licenc e to provide the relevant service— 
(a)any reference in section 40(4) to a programme shall be const rued as a reference to an item; and 
(b)section 41 shall have effect with the omission of subsection s (1)(a) and (2). 
Section 56. 
SCHEDULE 6T HE WELSH AUTHORITY : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The Welsh Authority (in this Schedule referred to as “the A uthority”) shall not be treated for the 
purposes of the enactments and rules of law relating to the pri vileges of the Crown as a body exercising 
functions on behalf of the Crown. 
(2)It shall be within the capacity of the Authority as a statut ory corporation to do such things and enter into 
such transactions as are incidental or conducive to the dischar ge of their functions under this Act, including 
the borrowing of money. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the Au thority so long as he is— 
(a)a member or employee of the Radio Authority established by t his Act; 
(b)a member or employee of the Broadcasting Complaints Commissi on; or 
(c)a member or employee of the Broadcasting Standards Council e stablished by this Act. 
(2)The members of the Authority shall not at any time include— (a)more than one person who is either a governor or an employee  of the BBC; or 
(b)more than one person who is either a member or an employee o f the Commission. 
(3)Before appointing a person to be a member of the Authority, the Secretary of State shall satisfy himself 
that that person will have no such financial or other interest as is likely to affect prejudicially the discharge 
by him of his functions as a member of the Authority; and the S ecretary of State shall also satisfy himself 
from time to time with respect to every member of the Authority  that he has no such interest. 
(4)Any person who is, or whom the Secretary of State proposes t o appoint to be, a member of the Authority 
shall, whenever requested by the Secretary of State to do so, f urnish him with such information as the 
Secretary of State considers necessary for the performance by h im of his duties under sub-paragraph (3). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the Authority shall hold and 
vacate office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the Author ity for more than five years at a time. 
(3)Any member of the Authority may at any time resign his offic e by notice in writing to the Secretary of 
State. 
Remuneration and pensions of members  
4(1)The Authority may pay to each member such remuneration and allowances as the Secretary of State 
may determine. 
(2)The Authority may pay or make provision for paying to or in respect of any member such sums by way of 
pensions, allowances or gratuities as the Secretary of State ma y determine. 
(3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Secretary of State that there are special circumstances which make it right for him to receive 
compensation, the Authority may make a payment to him of such a mount as the Secretary of State may 
determine. 
(4)The approval of the Treasury shall be required for any deter mination under this paragraph. 
Disqualification of members of Authority for House of Commons  
5In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“Sianel Pedwar Cymru”. 
Proceedings  
6(1)Subject to paragraph 7, the quorum of the Authority and the  arrangements relating to their meetings 
shall be such as the Authority may determine. (2)The arrangements may provide for the discharge, under the ge neral direction of the Authority, of any of 
the Authority’s functions by a committee or by one or more of t he members or employees of the Authority. 
7(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting; and, 
where such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Authority, or of any of their committees, with respect to that matter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Authority at which all of the other 
members present resolve that the member’s interest should be di sregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Authority by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Autho rity in order to make a disclosure which 
he is required to make under this paragraph if he takes reasona ble steps to secure that the disclosure is 
made by a notice which is taken into consideration and read at the meeting. 
(5)In this paragraph references to a meeting of the Authority i nclude references to a meeting of any of their 
committees. 
8The validity of any proceedings of the Authority shall not be affected by any vacancy among the members 
or by any defect in the appointment of a member or by any failu re to comply with the requirements of 
paragraph 7. 
Employees of the Authority  
9(1)The Authority shall appoint a secretary and may appoint suc h other employees as they may determine. 
(2)If the Authority determine to do so in the case of any of th eir employees, the Authority shall pay to or in 
respect of those employees such pensions, allowances or gratuit ies, or provide and maintain for them such 
pension schemes (whether contributory or not), as the Authority  may determine. 
(3)If any employee of the Authority— 
(a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the Authority, 
he may, if the Secretary of State so determines, be treated for  the purposes of the pension scheme as if his 
service as a member of the Authority were service as an employe e of the Authority. Authentication of Authority’s seal  
10The application of the seal of the Authority shall be authent icated by the signature of the chairman or of 
some other person authorised for the purpose. 
Presumption of authenticity of documents issued by Authority  
11Any document purporting to be an instrument issued by the Aut hority and to be duly executed under the 
seal of the Authority or to be signed on behalf of the Authorit y shall be received in evidence and shall be 
deemed to be such an instrument unless the contrary is shown. 
Accounts and audit  
12(1)The Authority shall keep proper accounts and proper record s in relation to the accounts, and shall 
prepare in respect of each financial year a statement of accoun ts in such form as the Secretary of State 
may direct with the approval of the Treasury. 
(2)The accounts of the Authority shall be audited by auditors t o be appointed by the Authority with the 
approval of the Secretary of State. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— 
• the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The Authority shall at all reasonable times upon demand made  by the Secretary of State or by any 
persons authorised by him in that behalf— 
(a)afford to him or them full liberty to examine the accounts o f the Authority; and 
(b)furnish him or them with all forecasts, estimates, informati on and documents which he or they may 
require with respect to the financial transactions and commitme nts of the Authority. 
Annual reports  
13(1)As soon as possible after the end of every financial year,  the Authority shall prepare a general report 
of their proceedings during that year, and transmit it to the S ecretary of State who shall lay copies of it 
before each House of Parliament. (2)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement, and shall include such information (including information relating to 
the financial position of the Authority) as the Secretary of St ate may from time to time direct. 
Advisory committees  
14The Authority may appoint, or arrange for the assistance of, advisory committees to give advice to them 
on such matters relating to the Authority’s functions as the Au thority may determine. 
Sections 67, 77 and 121. 
SCHEDULE 7Q UALIFYING REVENUE : SUPPLEMENTARY PROVISIONS  
PART IQUALIFYING REVENUE FOR PURPOSES OF PART I OR II OF THIS ACT 
Computation of qualifying revenue  
1(1)It shall be the duty of the Commission to draw up, and from  time to time review, a statement setting out 
the principles to be followed in ascertaining the qualifying re venue in relation to a person— 
(a)for any accounting period of his, or 
(b)for any year, 
for the purposes of any provision of Part I or Part II of this Act. 
(2)A statement under this paragraph may set out different princ iples for persons holding different kinds of 
licences. 
(3)Before drawing up or revising a statement under this paragra ph the Commission shall consult the 
Secretary of State and the Treasury. 
(4)The Commission shall— 
(a)publish the statement drawn up under this paragraph and ever y revision of that statement; and 
(b)transmit a copy of that statement, and every revision of it,  to the Secretary of State; 
and the Secretary of State shall lay copies of the statement an d of every such revision before each House of 
Parliament. 
Disputes  
2(1)For the purposes of any provision of Part I or Part II of t his Act— 
(a)the amount of the qualifying revenue in relation to any pers on for any accounting period of his, or (as the 
case may be) for any year, or 
(b)the amount of any payment to be made to the Commission by an y person in respect of any such 
revenue, or of an instalment of any such payment, 
shall, in the event of a disagreement between the Commission an d that person, be the amount determined 
by the Commission. (2)No determination of the Commission under this paragraph shal l be called in question in any court of law, 
or be the subject of any arbitration; but nothing in this sub-p aragraph shall prevent the bringing of 
proceedings for judicial review. 
PART IIQUALIFYING REVENUE FOR PURPOSES OF PART III OF THIS ACT 
Computation of qualifying revenue  
1(1)It shall be the duty of the Authority to draw up, and from time to time review, a statement setting out the 
principles to be followed in ascertaining the qualifying revenu e for any accounting period of a licence holder 
for the purposes of any provision of Part III of this Act. 
(2)A statement under this paragraph may set out different princ iples for persons holding different kinds of 
licences. 
(3)Before drawing up or revising a statement under this paragra ph the Authority shall consult the Secretary 
of State and the Treasury. 
(4)The Authority shall— 
(a)publish the statement drawn up under this paragraph and ever y revision of that statement; and 
(b)transmit a copy of that statement, and every revision of it,  to the Secretary of State; 
and the Secretary of State shall lay copies of the statement an d of every such revision before each House of 
Parliament. 
Disputes  
2(1)For the purposes of any provision of Part III of this Act— 
(a)the amount of the qualifying revenue for any accounting peri od of a person, or 
(b)the amount of any payment to be made to the Authority by any  person in respect of any such revenue, 
or of an instalment of any such payment, 
shall, in the event of a disagreement between the Authority and  that person, be the amount determined by 
the Authority. 
(2)No determination of the Authority under this paragraph shall  be called in question in any court of law, or 
be the subject of any arbitration; but nothing in this sub-para graph shall prevent the bringing of proceedings 
for judicial review. 
Section 83. 
SCHEDULE 8T HE RADIO AUTHORITY : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The Authority shall be a body corporate. 
(2)The Authority shall not be treated for the purposes of the e nactments and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. (3)It shall be within the capacity of the Authority as a statut ory corporation to do such things and enter into 
such transactions as are incidental or conducive to the dischar ge of their functions under this Act, including 
(subject to sub-paragraph (4)) the borrowing of money. 
(4)The power of the Authority to borrow money (otherwise than u nder paragraph 13) shall not be exercised 
by them except with the consent of, or in accordance with a gen eral authority given by, the Secretary of 
State. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the Au thority so long as he is— 
(a)a governor or employee of the BBC; 
(b)a member or employee of the Channel Four Television Corporat ion established by this Act; 
(c)a member or employee of the Welsh Authority; 
(d)a member or employee of the Broadcasting Complaints Commissi on; or 
(e)a member or employee of the Broadcasting Standards Council e stablished by this Act. 
(2)Before appointing a person to be a member of the Authority, the Secretary of State shall satisfy himself 
that that person will have no such financial or other interest as is likely to affect prejudicially the discharge 
by him of his functions as a member of the Authority; and the S ecretary of State shall also satisfy himself 
from time to time with respect to every member of the Authority  that he has no such interest. 
(3)Any person who is, or whom the Secretary of State proposes t o appoint to be, a member of the Authority 
shall, whenever requested by the Secretary of State to do so, f urnish him with such information as the 
Secretary of State considers necessary for the performance by h im of his duties under sub-paragraph (2). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the Authority shall hold and 
vacate office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the Author ity for more than five years at a time. 
(3)Any member of the Authority may at any time resign his offic e by notice in writing to the Secretary of 
State. 
Remuneration and pensions of members  
4(1)The Authority may pay to each member such remuneration and allowances as the Secretary of State 
may determine. 
(2)The Authority may pay or make provision for paying to or in respect of any member such sums by way of 
pensions, allowances or gratuities as the Secretary of State ma y determine. (3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Secretary of State that there are special circumstances which make it right for him to receive 
compensation, the Authority may make a payment to him of such a mount as the Secretary of State may 
determine. 
(4)The approval of the Treasury shall be required for any deter mination under this paragraph. 
Disqualification of members of Authority for House of Commons and Northern Ireland Assembly  
5In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“The Radio Authority”; 
and a corresponding amendment shall be made in Part II of Sched ule 1 to the [1975 c. 25.] Northern Ireland 
Assembly Disqualification Act 1975. 
Proceedings  
6(1)Subject to paragraph 7, the quorum of the Authority and the  arrangements relating to their meetings 
shall be such as the Authority may determine. 
(2)The arrangements may provide for the discharge, under the ge neral direction of the Authority, of any of 
the Authority’s functions by a committee or by one or more of t he members or employees of the Authority. 
7(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting; and, 
where such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Authority, or of any of their committees, with respect to that matter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Authority at which all of the other 
members present resolve that the member’s interest should be di sregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Authority by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Autho rity in order to make a disclosure which 
he is required to make under this paragraph if he takes reasona ble steps to secure that the disclosure is 
made by a notice which is taken into consideration and read at the meeting. (5)In this paragraph references to a meeting of the Authority i nclude references to a meeting of any of their 
committees. 
8The validity of any proceedings of the Authority shall not be affected by any vacancy among the members 
or by any defect in the appointment of a member or by any failu re to comply with the requirements of 
paragraph 7. 
Employees of the Authority  
9(1)The Authority shall appoint a secretary and may appoint suc h other employees as they may determine. 
(2)If the Authority determine to do so in the case of any of th eir employees, the Authority shall pay to or in 
respect of those employees such pensions, allowances or gratuit ies, or provide and maintain for them such 
pension schemes (whether contributory or not), as the Authority  may determine. 
(3)If any employee of the Authority— 
(a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the Authority, 
he may, if the Secretary of State so determines, be treated for  the purposes of the pension scheme as if his 
service as a member of the Authority were service as an employe e of the Authority. 
Authentication of Authority’s seal  
10The application of the seal of the Authority shall be authent icated by the signature of the chairman or of 
some other person authorised for the purpose. 
Presumption of authenticity of documents issued by Authority  
11Any document purporting to be an instrument issued by the Aut hority and to be duly executed under the 
seal of the Authority or to be signed on behalf of the Authorit y shall be received in evidence and shall be 
deemed to be such an instrument unless the contrary is shown. 
Finances of Authority  
12(1)It shall be the duty of the Authority so to conduct their affairs that their revenues become at the 
earliest possible date, and continue thereafter, at least suffi cient to enable them to meet their obligations 
and discharge their functions under this Act. 
(2)Any excess of the Authority’s revenues for any financial yea r over the sums required by them for that 
year for meeting their obligations and discharging their functi ons under this Act shall be applied by the 
Authority in such manner as the Secretary of State may direct w ith the approval of the Treasury and after 
consultation with the Authority. 
(3)A direction under sub-paragraph (2) may require the whole or  any part of any excess of the revenues of 
the Authority to be paid into the Consolidated Fund. Advances to Authority  
13(1)For the purpose of— 
(a)furnishing the Authority with working capital, or 
(b)enabling them to meet any capital expenditure, 
the Secretary of State may, with the consent of the Treasury, m ake advances to the Authority out of money 
provided by Parliament. 
(2)The aggregate amount outstanding by way of principal in resp ect of sums advanced to the Authority 
under this paragraph shall not at any time exceed £3 million. 
(3)Any sums advanced under this paragraph shall be repaid to th e Secretary of State at such times and by 
such methods, and interest on those sums shall be paid to him a t such times and at such rates, as he may 
from time to time direct with the consent of the Treasury. 
Accounts and audit  
14(1)The Authority shall keep proper accounts and proper record s in relation to the accounts, and shall 
prepare in respect of each financial year a statement of accoun ts in such form as the Secretary of State 
may direct with the approval of the Treasury. 
(2)The accounts of the Authority shall be audited by auditors t o be appointed by the Authority with the 
approval of the Secretary of State. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— 
• the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The Authority shall at all reasonable times upon demand made  by the Secretary of State or by any 
persons authorised by him in that behalf— 
(a)afford to him or them full liberty to examine the accounts o f the Authority; and 
(b)furnish him or them with all forecasts, estimates, informati on and documents which he or they may 
require with respect to the financial transactions and commitme nts of the Authority. 
Annual reports  15(1)As soon as possible after the end of every financial year,  the Authority shall prepare a general report 
of their proceedings during that year, and transmit it to the S ecretary of State who shall lay copies of it 
before each House of Parliament. 
(2)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement, and shall include such information (including information relating to 
the financial position of the Authority) as the Secretary of St ate may from time to time direct. 
Advisory committees  
16The Authority may appoint, or arrange for the assistance of, advisory committees to give advice to them 
on such matters relating to the Authority’s functions as the Au thority may determine. 
Section 127. 
SCHEDULE 9S CHEME PROVIDING FOR DIVISION OF ASSETS OF IBA 
Preliminary  
1In this Schedule— 
• “relevant transferee” shall be c onstrued in acc ordance with par agraph 2(1) below; and 
• “transfer scheme” means a scheme under this Schedule made eithe r by the IBA under paragraph 2(1) below or by 
the Secretary of State under paragraph 2(4) below. 
Making and modification of transfer scheme  
2(1)The IBA shall make a scheme under this Schedule for the div ision of all their property, rights and 
liabilities between— 
(a)the Commission, 
(b)the Radio Authority, and 
(c)the nominated company; 
and references in this Schedule to the relevant transferees are  references to the bodies specified in 
paragraphs (a) to (c) above. 
(2)Where such a scheme is made by the IBA, it shall not be capa ble of coming into force in accordance 
with section 127(1) of this Act unless it is approved by the Se cretary of State. 
(3)Where such a scheme is submitted to the Secretary of State f or his approval, he may modify the scheme 
before approving it. 
(4)If— 
(a)the IBA have not, before such time as the Secretary of State  may notify to them as the latest time for the 
submission of such a scheme, submitted such a scheme for his ap proval, or (b)the Secretary of State decides not to approve (either with o r without modifications) a scheme that has 
been submitted to him by the IBA, 
the Secretary of State may himself make a scheme for the divisi on of the IBA’s property, rights and liabilities 
between the relevant transferees. 
(5)If, at any time after the Secretary of State has either— 
(a)approved (either with or without modifications) a scheme und er this Schedule made by the IBA, or 
(b)himself made such a scheme, 
but before the scheme has come into force in accordance with se ction 127(1) of this Act, the Secretary of 
State considers it appropriate to do so, he may determine that the scheme shall, on its so coming into force, 
come into force with such modifications as may be specified in his determination; and, in any such case, the 
scheme shall accordingly, on its coming into force, come into f orce with those modifications. 
(6)If at any time after a transfer scheme has come into force— 
(a)the Secretary of State considers it appropriate to make an o rder under this sub-paragraph, and 
(b)every relevant transferee who would be affected by the order  either— 
(i)(in a case where any such transferee is the nominated compan y and that company has ceased to be 
wholly owned by the Crown) has consented to the making of the o rder, or 
(ii)(in any other case) has been consulted by the Secretary of State, 
the Secretary of State may by order provide that the scheme sha ll for all purposes be deemed to have come 
into force with such modifications as may be specified in the o rder. 
(7)Any power to modify a transfer scheme which is conferred on the Secretary of State by this paragraph 
may be so exercised as to make any such provision as could have  been made by the scheme, and an 
order under sub-paragraph (6) above may provide for any of its provisions to have effect as from the 
coming into force of the scheme to which it relates. 
(8)In determining whether and in what manner to exercise any po wer conferred on him by this paragraph 
the Secretary of State shall have regard to the need to ensure that the division of property, rights and 
liabilities between the relevant transferees which is effected under this Schedule allocates property, rights 
and liabilities to those transferees in such a manner as appear s to him to be appropriate— 
(a)in the case of the Commission and the Radio Authority, in th e light of the functions conferred on those 
bodies by this Act; and 
(b)in the case of the nominated company, with a view to the car rying on by that company of a business 
consisting of— 
(i)the provision of broadcasting transmission services and serv ices related to such services, and 
(ii)the carrying out of research and development work relating to broadcasting. (9)It shall be the duty of the IBA and each of the relevant tra nsferees to provide the Secretary of State with 
all such information and other assistance as he may reasonably require for the purposes of, or in 
connection with, the exercise of any power conferred on him by this paragraph. 
(10)Nothing in this paragraph shall require a scheme under this  Schedule to make provision— 
(a)with respect to any equipment or other asset which the IBA h ave agreed to dispose of in pursuance of 
section 132(1) or 133(6) of this Act, or 
(b)with respect to any liabilities of the IBA which— 
(i)have not yet become enforceable against the IBA, and 
(ii)are not specifically and exclusively referable to any parti cular part or parts of the undertaking of the IBA 
which is or are transferred in accordance with any such scheme to one or more of the relevant transferees, 
or 
(c)with respect to any such rights or liabilities as are mentio ned in sub-paragraph (11). 
(11)Those rights and liabilities are rights and liabilities acq uired by the IBA in connection with the sharing 
by the IBA and the BBC of the use of facilities (of whatever de scription) in connection with the transmission 
of television programmes or local sound broadcasts. 
Content of transfer scheme  
3(1)A transfer scheme may— 
(a)define the property, rights and liabilities to be allocated to a particular relevant transferee— 
(i)by specifying or describing the property, rights and liabili ties in question, 
(ii)by referring to all the property, rights and liabilities co mprised in a specified part of the IBA’s undertaking, 
or 
(iii)partly in the one way and partly in the other; 
(b)provide that any rights or liabilities specified or describe d in the scheme shall be enforceable either by or 
against either or any, or by or against both or all, of two or more relevant transferees; 
(c)impose on any relevant transferee an obligation to enter int o such written agreements with, or execute 
such instruments in favour of, such other relevant transferee a s may be specified in the scheme; 
(d)create for any of the relevant transferees an interest in or  right over property transferred in accordance 
with the scheme to any other of those transferees; 
(e)in connection with any provision made by virtue of paragraph  (d), make incidental provision as to the 
interests, rights and liabilities of other persons with respect  to the property in question. (2)Without prejudice to the generality of sub-paragraph (1)(a),  a transfer scheme may, in connection with 
any transfer to be made in accordance with the scheme, exclude from the transfer any rights and liabilities 
falling within paragraph 2(11) above and described in the schem e. 
(3)A transfer scheme may also allocate to any of the relevant t ransferees such property, rights and 
liabilities to which the IBA may become entitled or subject aft er the making of the scheme and before the 
transfer date as may be described in the scheme. 
(4)The property, rights and liabilities of the IBA that are cap able of being transferred in accordance with a 
transfer scheme include— 
(a)property, rights and liabilities that would not otherwise be  capable of being transferred or assigned by 
the IBA; 
(b)property situated anywhere in the United Kingdom or elsewher e; and 
(c)rights and liabilities under the law of any part of the Unit ed Kingdom or of any country or territory outside 
the United Kingdom. 
(5)It is hereby declared for the avoidance of doubt that the ri ghts and liabilities capable of being so 
transferred include rights and liabilities of the IBA under any  agreement or arrangement for the payment of 
pensions, allowances or gratuities. 
(6)An obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c) 
shall be enforceable by civil proceedings brought by the other relevant transferee in question for an 
injunction or interdict or for any other appropriate relief. 
Effect of transfer scheme  
4(1)Where a transfer scheme comes into force on the transfer da te, this sub-paragraph shall have effect on 
that date so as to transfer to each of the relevant transferees , in accordance with the scheme’s provisions 
and without further assurance, such of the property, rights and  liabilities of the IBA as are allocated to that 
transferee by the scheme. 
(2)A transaction of any description which is effected in pursua nce of any provision included in a transfer 
scheme in accordance with this Schedule shall be binding on all  persons, notwithstanding that it would, 
apart from this sub-paragraph, have required the consent or con currence of any person other than the IBA 
or any relevant transferee. 
(3)Where apart from this sub-paragraph any person would have po wer, in consequence of anything done 
or likely to be done by or under this Act, to terminate or modi fy an interest or right which is vested in the 
IBA at the passing of this Act, then— 
(a)for the purposes of the transfer of the interest or right in  accordance with a transfer scheme, that power 
shall not be exercisable in relation to the interest or right a t any time before its transfer in accordance with 
the scheme; and (b)without prejudice to any other provision of this Schedule, t hat power shall be exercisable in relation to 
the interest or right after its transfer only in so far as the scheme provides for it to be transferred subject to 
the power. 
(4)Where, in consequence of any transfer made in accordance wit h a transfer scheme, all the property, 
rights and liabilities comprised in a particular part of the IB A’s undertaking are transferred to a relevant 
transferee— 
(a)the [S.I. 1981/1794.] Transfer of Undertakings (Protection o f Employment) Regulations 1981 shall apply 
to the transfer, whether or not they would otherwise so apply, and 
(b)that undertaking shall accordingly (whether or not it would otherwise be so regarded) be regarded for the 
purposes of those Regulations as an undertaking in the nature o f a commercial venture. 
Third parties affected by transfer scheme  
5(1)This paragraph applies where— 
(a)in consequence of any transfer made in accordance with a tra nsfer scheme, any right or liability of a 
person (other than the IBA or any relevant transferee) which wa s enforceable against or by the IBA 
becomes enforceable against or by one or more relevant transfer ees; and 
(b)apart from this Schedule that person’s consent or concurrenc e would have been required for that right or 
liability to become so enforceable; 
and in this paragraph references to a third party are reference s to any such person. 
(2)Subject to sub-paragraph (3), the IBA shall take reasonable steps to identify any third party and to notify 
him of the effect of the transfer in question on any right or l iability of his falling within sub-paragraph (1), 
and of the effect of sub-paragraph (4). 
(3)A transfer scheme may provide that the duties imposed on the  IBA by sub-paragraph (2) in relation to a 
transfer shall be imposed instead on such one of the relevant t ransferees as may be specified in the 
scheme. 
(4)Where— 
(a)any right or liability of a third party has become enforceab le against or by more than one relevant 
transferee, and 
(b)the value of any property or interest of the third party is diminished thereby, 
such compensation as is just shall be paid to the third party b y one or more of the relevant transferees. 
(5)Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (4), or as 
to the person to or by whom it shall be paid, shall be referred  to and determined by— 
(a)an arbitrator appointed by the Lord Chancellor; or (b)where the proceedings are to be held in Scotland, an arbiter  appointed by the Lord President of the 
Court of Session. 
Supplemental provisions of scheme  
6(1)A transfer scheme may contain supplemental, consequential a nd transitional provisions for the 
purposes of, or in connection with, the division effected or an y other provision made by the scheme. 
(2)Without prejudice to the generality of sub-paragraph (1) abo ve, a transfer scheme may provide— 
(a)that for purposes connected with any transfer made in accord ance with the scheme a relevant transferee 
to whom anything is transferred in accordance with the scheme i s to be treated as the same person in law 
as the IBA; 
(b)that, so far as may be necessary for the purposes of or in c onnection with any such transfer, agreements 
made, transactions effected and other things done by or in rela tion to the IBA are to be treated as made, 
effected or done by or in relation to the relevant transferee t o whom the transfer is made; 
(c)that, so far as may be necessary for the purposes of or in c onnection with any such transfer, references 
in any agreement (whether or not in writing) or in any deed, bo nd, instrument or other document to, or to 
any member or officer of, the IBA are to have effect with such modifications as are specified in the scheme; 
(d)that proceedings commenced by or against the IBA are to be c ontinued by or against such one of the 
relevant transferees as the scheme may provide in relation to a ny circumstances specified or described in 
it; 
(e)that the effect of any transfer made in accordance with the scheme in relation to contracts of 
employment with the IBA is not to be to terminate any such cont racts but is to be that periods of 
employment with the IBA are to count for all purposes as period s of employment with the relevant 
transferee to whom the transfer is made; 
(f)that disputes as to the effect of the scheme between any of the relevant transferees are to be referred to 
such arbitration as may be specified in or determined under the  scheme; 
(g)that determinations on such arbitrations, and certificates g iven jointly by all or any two of the relevant 
transferees as to the effect of the scheme as between the trans ferees concerned, are to be conclusive for 
all purposes. 
Vesting of IBA’s property after coming into force of scheme  
7(1)A transfer scheme may provide for the imposition of duties—  
(a)on the IBA, and 
(b)on all or any of the relevant transferees, 
to take all such steps as may be requisite to secure that the v esting in any of those transferees, by virtue of 
the scheme, of any foreign property, right or liability is effe ctive under the relevant foreign law. (2)The provisions of a transfer scheme may require the IBA to c omply with any directions of any of the 
relevant transferees in performing any duty imposed on the IBA by virtue of a provision included in the 
scheme by virtue of sub-paragraph (1). 
(3)A transfer scheme may provide that, until the vesting of any  foreign property, right or liability of the IBA in 
a relevant transferee is effective under the relevant foreign l aw, it shall be the duty of the IBA to hold that 
property or right for the benefit of, or to discharge that liab ility on behalf of, that transferee. 
(4)Nothing in any provision included in a transfer scheme by vi rtue of this paragraph shall be taken as 
prejudicing the effect under the law of any part of the United Kingdom of the vesting in a relevant 
transferee, by virtue of the scheme, of any foreign property, r ight or liability. 
(5)The IBA shall have all such powers as may be requisite for t he performance of any duty imposed on 
them by any provision included in a transfer scheme by virtue o f this paragraph; but such a scheme may 
require a relevant transferee to act on behalf of the IBA (so f ar as possible) for the purposes of, or in 
connection with, the performance of any such duty in relation t o any property, right or liability vested in the 
transferee by virtue of the scheme. 
(6)A transfer scheme may provide that any foreign property, rig hts or liabilities that are acquired or incurred 
by the IBA after the scheme comes into force are immediately to  become property, rights or liabilities of 
such one of the relevant transferees as is specified in the sch eme; and such a scheme may make the 
same provision in relation to any such property, rights or liab ilities as can be made, by virtue of the 
preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the IBA 
when the scheme comes into force. 
(7)References in this paragraph to any foreign property, right or liability are references to any property, right 
or liability as respects which any issue arising in any proceed ings would have to be determined (in 
accordance with the rules of private international law) by refe rence to the law of a country or territory 
outside the United Kingdom. 
(8)Any expenses incurred by the IBA in consequence of any provi sion included in a transfer scheme by 
virtue of this paragraph shall be met by the relevant transfere es in such proportions as may be determined 
by or under the scheme. 
Certificate of Secretary of State as to vesting of property etc.  
8(1)Subject to sub-paragraph (2), a certificate issued by the S ecretary of State to the effect that any 
property, right or liability of the IBA vested at a particular time by virtue of this Schedule in one or more of 
the relevant transferees shall be conclusive evidence of the ma tters stated in the certificate. 
(2)Nothing in any such certificate shall prejudice the operatio n of a certificate issued by virtue of a provision 
included in a transfer scheme by virtue of paragraph 6(2)(g) ab ove. 
Power of Secretary of State to control division of IBA’s pension fund  9(1)If the Secretary of State so determines, the trustees of th e Independent Broadcasting Authority Staff 
Pensions Plan shall refer to him, before such date as he may sp ecify, the division and distribution of the 
relevant assets which is to be made by them for the purpose of making a transfer payment to a pension 
scheme established by the nominated company for its employees; and, if he does so, any such division 
and distribution of those assets and liabilities shall not be m ade by the trustees except— 
(a)with his consent, or 
(b)in accordance with an order made by him under sub-paragraph (2). 
(2)Where any such division and distribution is referred to the Secretary of State under sub-paragraph (1), 
he may by order direct that the relevant assets shall be divide d and distributed by the trustees in such 
manner, and at such time, as is specified in the order; and any  provision of— 
(a)the Plan referred to in sub-paragraph (1), or 
(b)any enactment relating to occupational pension schemes, incl uding any enactment relating to transfer 
values, 
shall not have effect to the extent that it is inconsistent wit h the division and distribution of those assets in 
accordance with any such order. 
(3)When making an order under sub-paragraph (2) the Secretary o f State shall have regard to the interests 
of all classes of persons who are for the time being beneficiar ies or potential beneficiaries under the Plan 
referred to in sub-paragraph (1). 
(4)In this paragraph— 
• “the relevant assets” means the a ssets held by or on behalf of the trustees; and 
• “the trustees” means the trustees  of the Plan referred to in su b-paragraph (1). 
(5)An order under sub-paragraph (2) shall be subject to annulme nt in pursuance of a resolution of either 
House of Parliament. 
Discharge by IBA of contingent etc. liabilities  
10(1)This paragraph applies to any liabilities to which the IBA  are subject on or after the transfer date, 
being liabilities which— 
(a)had not become enforceable against the IBA before that date,  and 
(b)are not specifically and exclusively referable to any partic ular part or parts of the undertaking of the IBA 
which has or have been transferred in accordance with a transfe r scheme to one or more of the relevant 
transferees. 
(2)Any sums required by the IBA for the purpose of discharging any liabilities to which this paragraph 
applies shall be paid to them by the Secretary of State out of money provided by Parliament. (3)Any payments made to the IBA under sub-paragraph (2) may be so made subject to such conditions as 
the Secretary of State may determine with the approval of the T reasury. 
Final accounts and annual report of IBA  
11(1)The IBA shall, as soon as possible after the transfer date , prepare such a statement of accounts as is 
mentioned in subsection (1) of section 42 of the Act 1981 (acco unts and audit) in respect of the period 
between— 
(a)the end of the financial year for which the last statement o f accounts was prepared by them under that 
section, and 
(b)the transfer date, 
whether that period is a financial year or not; and that sectio n shall continue to apply on and after that date 
in relation to the auditing of accounts kept in accordance with  that subsection in respect of that period. 
(2)The IBA shall, as soon as possible after the transfer date, prepare and transmit to the Secretary of State, 
in accordance with section 43 of that Act (annual reports), suc h a report as is mentioned in subsection (1) 
of that section in respect of the period between— 
(a)the end of the financial year for which the last such report  was prepared by them under that section, and 
(b)the transfer date, 
whether that period is a financial year or not. 
(3)Subsection (2) of that section shall apply to any such repor t as if the references to the statement of 
accounts for the year in question included references to the st atement of accounts prepared in accordance 
with sub-paragraph (1) above. 
(4)The Secretary of State shall lay copies of any such report b efore each House of Parliament. 
(5)Any expenses incurred by the IBA under this paragraph shall be met by such one or more of the relevant 
transferees, and (if more than one) in such proportions, as may  be determined by or under a transfer 
scheme. 
Section 128. 
SCHEDULE 10S UPPLEMENTARY PROVISIONS RELATING TO DISSOLUTION OF CABLE AUTHORITY  
Provisions as to vesting of property etc. of Cable Authority  
1(1)Sub-paragraph (2) below shall have effect for the purposes of, or in connection with, the vesting in the 
Commission by virtue of section 128(1) of this Act of property,  rights or liabilities of the Cable Authority. 
(2)Any agreement made, transaction effected or other thing done  by or in relation to the Cable Authority 
which is in force or effective immediately before the transfer date shall have effect as from that date as if 
made, effected or done by or in relation to the Commission, in all respects as if the Commission were the 
same person, in law, as the Cable Authority; and accordingly re ferences to the Cable Authority— (a)in any agreement (whether or not in writing) and in any deed , bond or instrument, 
(b)in any process or other document issued, prepared or employe d for the purpose of any proceeding 
before any court or other tribunal or authority, and 
(c)in any other document whatever (other than an enactment), 
shall be taken as from the transfer date as referring to the Co mmission. 
2(1)Where immediately before the transfer date there is in forc e an agreement which— 
(a)confers or imposes on the Cable Authority any rights or liab ilities which vest in the Commission by virtue 
of section 128(1), and 
(b)refers (in whatever terms and whether expressly or by implic ation) to a member or officer of the Cable 
Authority, 
the agreement shall have effect, in relation to anything fallin g to be done on or after the transfer date, as if 
for that reference there were substituted a reference to such p erson as the Commission may appoint or, in 
default of appointment, to the member or employee of the Commis sion who corresponds as nearly as 
possible to the member or officer of the Authority in question.  
(2)References in this paragraph to an agreement include referen ces to a deed, bond or other instrument. 
Transfer of employees  
3(1)It is hereby declared for the avoidance of doubt that— 
(a)the effect of section 128(1) in relation to any contract of employment with the Cable Authority in force 
immediately before the transfer date is merely to modify that c ontract (as from that date) by substituting the 
Commission as the employer (and not to terminate the contract o r vary it in any other way); and 
(b)that provision is effective to vest the rights and liabiliti es of the Cable Authority under any agreement or 
arrangement for the payment of pensions, allowances or gratuiti es in the Commission along with all the 
other rights and liabilities of the Authority. 
(2)Accordingly, for the purposes of any such agreement or arran gement as it has effect as from the transfer 
date, any period of employment with the Cable Authority shall c ount as employment with the Commission. 
(3)The Transfer of Undertakings [S.I. 1981/1794.] (Protection o f Employment) Regulations 1981 shall apply 
to the transfer to the Commission, by virtue of section 128(1),  of the undertaking of the Cable Authority, 
whether or not they would otherwise so apply; and that undertak ing shall accordingly (whether or not it 
would otherwise be so regarded) be regarded for the purposes of  those Regulations as an undertaking in 
the nature of a commercial venture. 
Final accounts and annual report of Cable Authority  4(1)The Cable Authority shall, as soon as possible after the tr ansfer date, prepare such a statement of 
accounts as is mentioned in subsection (1) of section 20 of the  [1984 c. 46.] Cable and Broadcasting Act 
1984 (accounts and audit) in respect of the period between— 
(a)the end of the financial year for which the last statement o f accounts was prepared by them under that 
section, and 
(b)the transfer date, 
whether that period is a financial year or not; and that sectio n shall continue to apply on and after that date 
in relation to the auditing of accounts kept in accordance with  that subsection in respect of that period. 
(2)The Cable Authority shall, as soon as possible after the tra nsfer date, prepare and transmit to the 
Secretary of State, in accordance with section 21 of that Act ( annual reports), such a report as is mentioned 
in subsection (1) of that section in respect of the period betw een— 
(a)the end of the financial year for which the last such report  was prepared by them under that section, and 
(b)the transfer date, 
whether that period is a financial year or not. 
(3)Subsection (2) of that section shall apply to any such repor t as if the references to the statement of 
accounts for the year in question included references to the st atement of accounts prepared in accordance 
with sub-paragraph (1) above. 
(4)The Secretary of State shall lay copies of any such report b efore each House of Parliament. 
(5)Any expenses incurred by the Cable Authority under this para graph shall be met by the Commission. 
Section 129. 
SCHEDULE 11T RANSITIONAL PROVISIONS RELATING TO IBA’ S BROADCASTING SERVICES  
PART IGENERAL  
In this Schedule— 
• “the [1981 c. 68.] 1981 Act” means  the Broadcasting Act 1981; 
• “the Authority” means t he Radio Authority; 
• “Channel 4” means the additional broadcasting service referred to in section 10(1) of the 1981 Act, but excluding 
so much of that service as cons isted, immediatel y before the tr ansfer date, in the broadcasting of programmes for 
reception wholly or mainly in Wales, and “on Channel 4” means i n the said service; 
• “the interim period” means the period referred to in paragraph 1(1) in Part II of this Schedule; 
• “local licence” and “local servi ce” have the same meaning as in  Part III of this Act; 
• “S4C” means the television broadcasting service referred to in section 57(1) of this Act, and “on S4C” means in 
that service. 
PART IITELEVISION BROADCASTING SERVICES TO BE PROVIDED BY COMMISSION  IBA’s television broadcasting services to be provided by Commission during interim period  
1(1)During the period beginning with the transfer date and endi ng with 31st December 1992 (referred to in 
this Schedule as “the interim period”) the following television  broadcasting services, namely— 
(a)ITV, 
(b)Channel 4, 
(c)any teletext service provided by the IBA down to the transfe r date, and 
(d)any DBS services so provided, 
shall be provided by the Commission in accordance with this Par t of this Schedule. 
(2)The services provided by the Commission as mentioned in sub- paragraph (1) shall be of high quality 
both as to the transmission and as to the matter transmitted an d (subject to paragraph 3(1) below) shall be 
provided by the Commission for so much of the United Kingdom as  may from time to time be reasonably 
practicable. 
(3)During the interim period the following provisions of the 19 81 Act, namely— 
(a)section 2(2), 
(b)sections 3 to 9, 
(c)sections 14(3) and 15, 
(d)sections 28 and 29, and 
(e)Schedule 2, 
shall (subject to the provisions of this Part of this Schedule)  have effect in connection with the provision of 
those services by the Commission as they had effect, immediatel y before the transfer date, in connection 
with the provision of those services by the IBA. 
(4)The provisions specified in sub-paragraph (3) above shall ha ve effect in accordance with that sub-
paragraph with the following general modifications, namely— 
(a)any reference to the IBA shall (subject to paragraph (b) and  sub-paragraph (8) below) be construed as a 
reference to the Commission; and 
(b)any reference to any of the broadcasting stations used by th e IBA shall be construed as a reference to 
any of the broadcasting stations used in the provision of any o f the services provided by the Commission 
as mentioned in sub-paragraph (1) above. 
(5)Section 3(2)(b) of the 1981 Act shall have effect in accorda nce with sub-paragraph (3) above with the 
substitution of the following sub-paragraph for sub-paragraph ( ii)— 
“(ii)by reason of the termination of any contract with a progra mme contractor; and”. (6)Section 8 of the 1981 Act shall have effect in accordance wi th sub-paragraph (3) above with the 
omission of subsections (6) to (9) of that section; but (except  in the case of any programme to which the 
Commission determine that the following prohibition is not to a pply) none of the broadcasting services 
provided by the Commission as mentioned in sub-paragraph (1) ab ove shall include a programme which is 
sponsored by any person whose business consists, wholly or main ly— 
(a)in the manufacture or supply of a product, or 
(b)in the provision of a service, 
the advertising of which in any such broadcasting service is pr ohibited by virtue of any provision of that Act 
(as applied by this paragraph) or of the code under section 9 o f that Act (as so applied). 
(7)Section 9 of the 1981 Act shall have effect in accordance wi th sub-paragraph (3) above as if— 
(a)in subsection (1)(a), after “standards and practice in adver tising” there were inserted “and in the 
sponsoring of programmes”; 
(b)in subsection (1)(b), there were inserted at the end “and as  regards the sponsoring of programmes so 
broadcast”; and 
(c)after “methods of advertising” (wherever occurring) there we re inserted “or sponsorship”; 
and the Commission may give effect to paragraph (a) above by ma king modifications to the code in force 
under section 9 immediately before the transfer date. 
(8)Section 29(5) of the 1981 Act shall have effect in accordanc e with sub-paragraph (3) above as if the 
reference to requiring the IBA by notice in writing to do, or n ot to do, anything mentioned in that provision 
were a reference to requiring the Commission by notice in writi ng to direct any programme contractor 
specified in the notice— 
(a)to do, or not to do, that thing, or 
(b)(if the context so requires) to secure that that thing is or  is not done. 
(9)Without prejudice to the generality of sub-paragraph (5) of paragraph 2 below, the Commission may 
make such variations of a contract to which sub-paragraph (1) o f that paragraph applies as appear to them 
to be appropriate for facilitating or ensuring compliance with any direction or notice given to or served on 
them under section 28 or 29 of the 1981 Act (as applied by this  paragraph). 
General provisions about programme contracts and programme contractors  
2(1)Sections 2(3) and 14(2) of the 1981 Act shall have effect i n relation to the Commission and the 
programmes and teletext transmissions broadcast by them in the services provided by them as mentioned 
in paragraph 1(1) above as they had effect immediately before t he transfer date in relation to the IBA and 
the programmes and teletext transmissions broadcast by them in the services mentioned in paragraph 1(1); and where a contract between the IBA and a programme contractor  or a teletext contractor is effective 
immediately before that date— 
(a)the contract shall continue to have effect on and after that  date (subject to and in accordance with this 
Part of this Schedule) as a contract between the Commission and  that contractor and any other party to it, 
and 
(b)any reference in the contract to the IBA shall accordingly b e construed, in relation to any time falling on 
or after that date, as a reference to the Commission. 
(2)During the interim period the following provisions of the 19 81 Act, namely— 
(a)sections 19(1) to (2B) and 20(2) to (9), 
(b)sections 21 to 25, 
(c)sections 32 to 35, and 
(d)Schedule 4, 
shall have effect in relation to any contract to which sub-para graph (1) applies, or (as the case may be) in 
relation to the programme contractor or teletext contractor und er any such contract, subject to the 
modifications specified in sub-paragraph (3) and subject also t o paragraphs 4 and 5 below. 
(3)The modifications of the provisions specified in sub-paragra ph (2) are as follows— 
(a)any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed 
as a reference to the Commission; 
(b)sections 21 and 23 shall have effect as if any reference to the IBA’s obligation to transmit the 
programmes supplied by a programme contractor were a reference to the right and the duty of the 
programme contractor under his contract to provide programmes f or broadcasting in one of the services 
provided by the Commission as mentioned in paragraph 1(1) above ; 
(c)section 22 shall have effect as if any reference to the prog rammes, or television programmes, supplied 
to the IBA were a reference to the programmes, or television pr ogrammes, supplied for broadcasting in one 
of those services; and 
(d)section 32(1)(a) shall have effect as if— 
(i)for “the branch” there were substituted “the part”, and 
(ii)for “section 36(2) in relation to that branch” there were s ubstituted “paragraph 12(1) of Schedule 1 to the 
Broadcasting Act 1990 in relation to that part”. 
(4)The Commission shall do all that they can to secure that dur ing the interim period no person who is, or is 
an associate of, a TV programme contractor— 
(a)holds any local licence, or (b)controls any body which holds any such licence, or 
(c)is a participant with more than a 20 per cent. interest in a  body corporate which holds any such licence, 
in a case where the area or locality for which the licensed ser vice is to be provided is to a significant extent 
the same as the area for which television programmes are to be provided under the TV programme 
contractor’s contract; and this sub-paragraph shall be construe d in accordance with Part I of Schedule 2 to 
this Act. 
(5)The Commission may make such variations of a contract to whi ch sub-paragraph (1) applies as appear 
to them to be appropriate in consequence of any of the provisio ns of this Part of this Schedule. 
Provisions relating to Channel 4  
3(1)Channel 4 shall be provided by the Commission during the in terim period for so much of England, 
Scotland and Northern Ireland as may from time to time be reaso nably practicable. 
(2)The programmes (other than advertisements) broadcast by the Commission on Channel 4 shall (without 
prejudice to section 12(2) of the 1981 Act, as applied by this paragraph) be provided by the Commission. 
(3)In consequence of sub-paragraph (2), sections 3(2) and 6 of the 1981 Act (as applied by paragraph 1 
above) do not apply in the case of Channel 4. 
(4)Subject to the modifications specified in sub-paragraph (5),  sections 11 to 13 of the 1981 Act shall have 
effect in connection with the provision of Channel 4 by the Com mission during the interim period as they 
had effect immediately before the transfer date in connection w ith the provision of that service by the IBA. 
(5)The modifications of the provisions specified in sub-paragra ph (4) are as follows— 
(a)any reference in those provisions to the IBA shall (subject to paragraph (c) below) be construed as a 
reference to the Commission; 
(b)section 12(1) shall have effect as if for the reference to p aragraph 4(1) of Schedule 1 to the 1981 Act 
there were substituted a reference to paragraph 1(3) of Schedul e 1 to this Act; 
(c)section 12(2) shall have effect as if for the reference to a  subsidiary of the IBA formed by them for the 
purpose there were substituted a reference to a subsidiary of t he Commission (being the body corporate 
formed by the IBA in pursuance of that provision); and 
(d)in section 13, subsection (4) shall (in consequence of parag raph 1(6) above) have effect with the 
omission of paragraph (c). 
Provisions relating to teletext services  
4(1)For the purposes of— 
(a)this Part of this Schedule, and 
(b)the provisions of the 1981 Act which have effect in accordan ce with this Part of this Schedule, teletext transmissions shall not be treated as programmes; but this is subject to sub-paragraph (2) and to 
any of those provisions of the 1981 Act which expressly require s such transmissions to be so treated for the 
purposes of any particular provision. 
(2)In paragraphs 1(8) and 2(3)(b) above and 10 below and in the  provisions specified in Part I of Schedule 
3 to the 1981 Act (as they have effect in accordance with this Part of this Schedule)— 
(a)references to programmes or to television programmes shall b e read as including references to teletext 
transmissions; and 
(b)references to programme contractors shall be read as includi ng references to teletext contractors. 
(3)In section 3(2) of the 1981 Act, in its application to telet ext transmissions or teletext contractors by virtue 
of sub-paragraph (2), the reference to section 2(3) of that Act  shall be read as a reference to section 14(2) 
of that Act (as it has effect by virtue of paragraph 2(1) above ). 
(4)The following provisions of the 1981 Act, namely— 
(a)section 20(2)(b) and (3), and 
(b)section 22, 
shall not have effect by virtue of paragraph 2(2) above in rela tion to teletext contractors or their contracts. 
Provisions relating to DBS services  
5(1)The following provisions of the 1981 Act, namely— 
(a)in section 2(2), paragraph (c) and in paragraph (b) the word s “and a proper balance and wide range in 
their subject matter”, 
(b)in section 4(1), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient 
amount of time in the programmes to news and news features, 
(c)section 20(2)(b) and (3), 
(d)section 22, and 
(e)section 24, 
shall not have effect by virtue of paragraph 1(3) or 2(2) above  in connection with the provision of DBS services 
by the Commission or (as the case may be) in relation to DBS co ntractors or their contracts. 
(2)Every contract between the Commission and a DBS programme co ntractor shall contain all such 
provisions as the Commission think necessary or expedient to en sure that the financial and other 
arrangements for the provision of the satellite transponder are  made by the contractor. 
(3)For the purpose of enabling a DBS programme or teletext cont ractor to make charges for the reception 
of programmes provided by him or transmissions containing mater ial so provided, the Commission may, 
notwithstanding anything in the 1981 Act as it has effect in ac cordance with this Part of this Schedule, broadcast the programmes or transmissions in such a form (wheth er scrambled, encoded or otherwise) as 
will prevent persons from receiving them unless they obtain fro m the contractor the means of doing so. 
(4)Where under the power conferred by sub-paragraph (3) the Com mission broadcast programmes or 
transmissions in such a form as is mentioned in that sub-paragr aph, nothing in the 1981 Act (as it so has 
effect) shall be taken as requiring the Commission to permit ad vertisements to be included in the 
programmes or transmissions. 
(5)Where any service falling within section 46(1) of this Act i s provided during the interim period on any of 
the spare capacity within the frequencies on which any DBS serv ices are provided by the Commission in 
accordance with this Part of this Schedule, that service is lic ensable under section 47 of this Act as a 
licensable programme service, and not otherwise. 
General provisions relating to S4C  
6(1)Subject to the provisions of this paragraph and paragraph 7  below, S4C shall be provided during the 
interim period by the Welsh Authority in accordance with Chapte r VI of Part I of this Act. 
(2)During that period— 
(a)any reference in section 57(3) or 58(2) or (4) of this Act t o Channel 4 shall be construed as a reference 
to the Channel 4 service provided by the Commission in accordan ce with paragraph 1 above; and 
(b)the reference in section 58(2) to the Channel Four Televisio n Corporation shall be construed as a 
reference to the Commission. 
(3)So much of section 4(1)(d) of the 1981 Act (as applied by pa ragraph 1 above) as relates to cases where 
another language as well as English is in common use among pers ons served by the station or stations in 
question, shall, in the case of programmes broadcast by the Com mission on ITV for reception wholly or 
mainly in Wales, apply only to languages other than Welsh. 
Broadcasting of advertisements on S4C  
7(1)During the interim period the programmes broadcast by the W elsh Authority on S4C for reception in the 
area of any TV programme contractor may, so long as the provisi ons of the 1981 Act (as applied by this 
Part of this Schedule) are complied with in relation thereto, i nclude advertisements provided for insertion 
therein by that contractor in consideration of payments to him.  
(2)Any such TV programme contractor shall have the right to pro vide advertisements for inclusion in the 
programmes broadcast on S4C for reception in his area so long a s— 
(a)he makes the required payments to the Commission, and 
(b)the provisions of the 1981 Act (as applied by this Part of t his Schedule) are complied with in relation to 
such advertisements. (3)In sub-paragraph (2) “the required payments” means such paym ents as are required to be paid by the 
programme contractor by virtue of any provision of his contract  included in pursuance of section 13(2) of 
the 1981 Act. 
(4)For any period in which programmes are to be broadcast on S4 C for reception in the area of a TV 
programme contractor it shall be the duty of the Welsh Authorit y to make suitable arrangements— 
(a)for the contractor to receive advance information about the programmes other than advertisements 
which are to be so broadcast in that period and about the perio ds which will be available for the 
broadcasting of advertisements; and 
(b)for the inclusion, in the programmes so broadcast in that pe riod, of advertisements provided for the 
purpose by the contractor in the exercise of his right to do so  under sub-paragraph (2). 
(5)No period allocated by the Welsh Authority to the broadcasti ng of advertisements on S4C shall be 
located— 
(a)in any break in any programme supplied to them by the BBC; o r 
(b)without the consent of the BBC, at the beginning or end of a ny such programme. 
(6)Orders for the inclusion by a TV programme contractor of adv ertisements among those provided by him 
for insertion in the programmes broadcast on S4C may be receive d either through advertising or other 
agents or direct from the advertiser. 
(7)During the interim period— 
(a)section 8(5) of the 1981 Act shall apply in relation to the programmes broadcast by the Welsh Authority 
on S4C as that provision applies, in accordance with this Part of this Schedule, in relation to the 
programmes broadcast by the Commission on ITV; 
(b)the Commission shall do all that they can to secure that the  provisions of— 
(i)Schedule 2 to the 1981 Act (as it applies in accordance with  this Part of this Schedule), and 
(ii)the code under section 9 of that Act, 
are complied with in relation to the advertisements broadcast b y the Welsh Authority on S4C and in relation 
to the sponsorship of programmes so broadcast; 
(c)section 9(2) and (3) of that Act shall apply accordingly in relation to advertisements and other 
programmes so broadcast; and 
(d)(except in the case of any programme to which the Welsh Auth ority determine that this paragraph is not 
to apply) S4C shall not contain any programme which is sponsore d by any person whose business 
consists, wholly or mainly— 
(i)in the manufacture or supply of a product, or 
(ii)in the provision of a service, the advertising of which on ITV is prohibited by virtue of any provision of that Act or of the code under section 
9 of that Act. 
(8)So long as any directions given under section 9(4) of the 19 81 Act (whether by the IBA or by the 
Commission) remain in force, the Welsh Authority shall, in broa dcasting advertisements on S4C, give effect 
to the provisions of the directions as if they were provisions regulating the times when advertisements are 
to be allowed to be broadcast on S4C. 
(9)Section 60(1) to (4) and (6) of this Act shall not have effe ct in relation to the Welsh Authority during the 
interim period. 
Financing of S4C during interim period  
8(1)For each financial year, or part of a financial year, falli ng within the interim period the Commission shall 
(unless any payment has already been made in respect of it unde r section 39(1) of the 1981 Act) pay to the 
Welsh Authority— 
(a)such sum or sums as may be agreed between them to be appropr iate for enabling the Welsh Authority 
to meet their reasonable outgoings, or 
(b)in default of such agreement, such sum or sums as the Secret ary of State may determine to be 
appropriate for that purpose. 
(2)For the purposes of section 32(1)(a) of the 1981 Act (as app lied by paragraph 2 above) all sums paid by 
the Commission to the Welsh Authority in pursuance of sub-parag raph (1) above shall be treated as 
expenditure properly incurred in respect of the part of the Com mission’s undertaking which consists of the 
provision of television broadcasting services. 
(3)In deciding from time to time whether to make any, and if so  what, use of his power under subsection (8) 
of section 32 of the 1981 Act (as so applied) to amend by order  subsections (4) and (5) of that section the 
Secretary of State may have regard to any increase in the aggre gate amount of the payments to be made 
under the head described in subsection (1)(a) of that section w hich is attributable to the provisions of sub-
paragraph (1). 
(4)The provisions applied to the Welsh Authority by section 52( 2) of the 1981 Act shall continue to apply to 
them on and after the transfer date in relation to any financia l year ending before that date; and paragraphs 
12 and 13 of Schedule 6 to this Act shall accordingly apply in relation to any subsequent financial year. 
Delivery of programmes by means of local delivery services  
9Part II of this Act shall have effect as if section 72(2) of t his Act included a reference to any television 
broadcasting service provided by the Commission in accordance w ith this Part of this Schedule. 
Provisions relating to Broadcasting Complaints Commission  
10(1)Part V of this Act shall have effect as if— (a)section 143(2) of this Act included a reference to any telev ision programme broadcast by the 
Commission during the interim period; 
(b)(subject to sub-paragraph (2)) the Commission were— 
(i)in relation to the provision by them of television broadcast ing services in accordance with this Part of this 
Schedule, and 
(ii)in relation to the broadcasting of advertisements on S4C du ring the interim period, 
a broadcasting body within the meaning of that Part of this Act ; and 
(c)the Welsh Authority accordingly were not a broadcasting body  within the meaning of that Part of this Act 
in relation to any such broadcasting of advertisements on S4C. 
(2)Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the 
Commission shall make such variations of any contract to which paragraph 2(1) above applies as appear to 
them to be appropriate— 
(a)for requiring the programme contractor under that contract— 
(i)in the case of every programme provided by him which is broa dcast by the Commission during the 
interim period, to retain a recording of that programme for the  period of 90 days beginning with the 
broadcast, 
(ii)if requested to do so by the Commission for the purpose of enabling them to comply with any 
requirement imposed on them in pursuance of section 145(4), 155 (3) or 167(1) of this Act, to produce any 
such recording to them, and 
(iii)if requested to do so by the Commission for the purpose of  enabling them to comply with any 
requirement imposed on them in pursuance of section 145(4) or 1 55(3) of this Act, to produce to them any 
transcript of any such programme which he is able to produce to  them; and 
(b)for ensuring compliance by the programme contractor with any  request to which section 145(7) of this 
Act applies which may be made to him by the BCC. 
(3)For the financial year which includes the commencement of se ction 149 of this Act, and each 
subsequent financial year falling wholly or partly within the i nterim period, the Secretary of State shall notify 
to the Commission the sum which he considers to be the appropri ate contribution by that body, in respect 
of the programme contractors under contracts to which paragraph  2(1) above applies, towards the 
expenses of the BCC; and the Commission shall pay to the Secret ary of State any sum notified to them 
under this sub-paragraph. 
(4)Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have e ffect during the interim period as if the 
reference to the BBC or the Welsh Authority included a referenc e to the Commission. 
(5)In this paragraph “the BCC” means the Broadcasting Complaint s Commission. Provisions relating to Broadcasting Standards Council  
11Part VI of this Act shall have effect during the interim peri od as if— 
(a)section 152(2) of this Act included a reference to any telev ision programme broadcast by the 
Commission during that period; 
(b)the Commission were— 
(i)in relation to the provision by them of television broadcast ing services in accordance with this Part of this 
Schedule, and 
(ii)in relation to the broadcasting of advertisements on S4C du ring the interim period, 
a broadcasting body within the meaning of that Part of this Act ; and 
(c)the Welsh Authority accordingly were not a broadcasting body  within the meaning of that Part of this Act 
in relation to any such broadcasting of advertisements on S4C. 
Supplementary provisions  
12(1)Any code, notice, direction, approval or other thing drawn  up, given or done by or in relation to the 
IBA— 
(a)in pursuance of a provision of the 1981 Act which has effect  during the interim period in accordance with 
this Part of this Schedule, and 
(b)in connection with any of the IBA’s television broadcasting services, 
shall, if in force or effective immediately before the transfer  date, have effect as from that date for the relevant 
purposes as if drawn up, given or done by or in relation to the  Commission. 
(2)Anything which immediately before that date was in the proce ss of being done by or in relation to the 
IBA may, if it was being so done as mentioned in paragraphs (a)  and (b) of sub-paragraph (1), be 
continued on or after that date by or in relation to the Commis sion. 
(3)Sections 61 and 62 of the 1981 Act shall have effect during the interim period for the relevant purposes 
as if any reference to the IBA were a reference to the Commissi on. 
(4)In this paragraph “the relevant purposes” means the purposes  of the 1981 Act as it has effect during the 
interim period in accordance with this Part of this Schedule. 
PART IIIREPLACEMENT OF DBS  CONTRACTS BY LICENCES UNDER PART I 
Replacement of DBS programme cont ract by domestic satellite licence  
1(1)Where any contract which, by virtue of paragraph 2(1) in Pa rt II of this Schedule, has effect as a 
contract between the Commission and a DBS programme contractor is effective immediately before the 
relevant date— 
(a)the contract shall cease to have effect on that date; but (b)the contractor shall be granted by the Commission as from th at date a licence under Part I of this Act to 
provide a domestic satellite service which, in accordance with section 44(2) of this Act, authorises the 
provision of a multichannel service on the frequencies on which  any DBS services consisting of 
programmes provided by him under the contract were being provid ed by the Commission down to that 
date. 
(2)In sub-paragraph (1) “multichannel service” means a service which to any extent consists in the 
simultaneous transmission of different programmes on different frequencies. 
(3)Any licence granted in pursuance of sub-paragraph (1) shall be so granted notwithstanding anything in 
sections 15 to 17 of this Act (as applied by section 44 of this  Act); and nothing in section 19 of this Act (as 
so applied) shall apply to any such licence until such time (if  any) as it is renewed in accordance with sub-
paragraph (4). 
(4)Section 20 of this Act (as so applied) shall apply to any su ch licence as if— 
(a)in subsection (1), the first reference to a period of fiftee n years were a reference to the period beginning 
with the relevant date and ending with the date on which the co ntract referred to in sub-paragraph (1) 
would have expired apart from that sub-paragraph; 
(b)in subsection (6)(b), the words from “a different” to “as” w ere omitted; and 
(c)in subsection (9)(a), the reference to any conditions includ ed in the licence in pursuance of section 19 
were a reference to any conditions so included in accordance wi th sub-paragraph (5) below. 
(5)Where any such licence is to be renewed in accordance with s ub-paragraph (4), the Commission shall 
(notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from 
the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in 
consequence of sub-paragraph (3). 
(6)Section 3(3) shall, in its application in relation to any su ch licence, have effect— 
(a)with the omission of paragraph (a), and 
(b)as if the reference to Part I of this Act included a referen ce to this Part of this Schedule. 
(7)Section 41 shall have effect in relation to any such licence  with the omission of subsection (2); and the 
maximum amount which the holder of any such licence may be requ ired to pay by way of a financial 
penalty imposed in pursuance of subsection (1)(a) of that secti on shall instead be the sum for the time 
being specified in section 45(6). 
(8)Except as provided in the preceding provisions of this parag raph, Part I of this Act applies to a licence 
granted in pursuance of this paragraph as it applies to any oth er licence to provide a domestic satellite 
service. 
(9)In this Part of this Schedule— 
(a)“the relevant date” means the day immediately following the end of the interim period; and (b)“additional services licence” and “domestic satellite licenc e” have the same meaning as in Part I of this 
Act. 
Power to require licence holder to make additional payments under 1981 Act  
2(1)The Secretary of State may by order provide for such of the  provisions of sections 32 to 35 of, and 
Schedule 4 to, the 1981 Act as are specified in the order to ha ve effect (subject to such modifications as 
are so specified)— 
(a)in relation to the holder of any licence granted in pursuanc e of paragraph 1 above, or 
(b)in relation to any such licence, 
with a view to making provision for and in connection with the making by the holder of any such licence to 
the Commission of payments determined in accordance with sectio n 32 of that Act in respect of profits or 
advertising revenue (or both) within the meaning of that sectio n. 
(2)Any such order shall be so framed as to secure that, subject  to such modifications as the Secretary of 
State considers appropriate and to sub-paragraph (4), the provi sions of the 1981 Act applied by the order 
as mentioned in sub-paragraph (1)(a) and (b) so apply in a simi lar way to that in which they applied 
immediately before the relevant date in relation to a DBS progr amme contractor or (as the case may be) in 
relation to the contract of any such contractor. 
(3)Without prejudice to the generality of sub-paragraph (2), an y such order shall provide for any excess of a 
DBS programme contractor’s relevant expenditure over his releva nt income to be carried forward and 
treated as relevant expenditure for the purpose of computing hi s profits as the holder of a licence granted in 
pursuance of paragraph 1 above. 
Expressions used in this sub-paragraph which are also used in S chedule 4 to the 1981 Act have the same 
meaning as in that Schedule. 
(4)The power of the Secretary of State to make an order under s ubsection (8) of section 32 of the 1981 Act 
shall include power to make an order amending any of the provis ions of subsections (4) and (5) of that 
section in so far as they have effect, by virtue of sub-paragra ph (1), in relation to the holder of a licence 
granted in pursuance of paragraph 1 above. 
(5)Where an order under sub-paragraph (1) comes into force at a ny time after the relevant date, the 
Commission shall (notwithstanding section 3(4) of this Act) by notice served on the licence holder vary any 
licence granted in pursuance of paragraph 1 above by including in it such conditions as appear to them to 
be necessary or expedient in consequence of the order. 
(6)Nothing in any such order shall impose on the holder of any such licence any liability to make any 
payment in respect of any time when any conditions included in the licence in accordance with paragraph 
1(5) above are in force. (7)An order shall not be made by the Secretary of State under s ub-paragraph (1) unless a draft of it has 
been laid before and approved by a resolution of each House of Parliament. 
Replacement of DBS teletext contract by additional services licence  
3(1)Where any contract which, by virtue of paragraph 2(1) in Pa rt II of this Schedule, has effect as a 
contract between the Commission and a DBS teletext contractor i s effective immediately before the 
relevant date— 
(a)the contract shall cease to have effect on that date; but 
(b)the contractor shall be granted by the Commission as from th at date an additional services licence under 
Part I of this Act which allocates for use under the licence al l of the spare capacity within the frequencies on 
which any DBS services consisting of programmes provided by him  as a DBS programme contractor were 
provided by the Commission down to that date. 
(2)Any such licence shall be so granted notwithstanding anythin g in sections 50 and 51 of this Act; and 
nothing in section 52 of this Act shall apply to any such licen ce until such time (if any) as it is renewed in 
accordance with sub-paragraph (3). 
(3)Section 53 of this Act shall apply to any such licence as if — 
(a)in subsection (1)(a), the reference to a period of ten years  were a reference to the period beginning with 
the relevant date and ending with the date on which any contrac t to which paragraph 1(1) above applies 
and to which the DBS teletext contractor was a party immediatel y before the relevant date would have 
expired apart from that provision; 
(b)subsection (3) were omitted; 
(c)in subsection (5), paragraph (a) were omitted; 
(d)in subsection (7)(b), the words from “a different” to “as” w ere omitted; and 
(e)in subsection (10), the reference to any conditions included  in the licence in pursuance of section 52 
were a reference to any conditions so included in accordance wi th sub-paragraph (4) below. 
(4)Where any such licence is to be renewed in accordance with s ub-paragraph (3), the Commission shall 
(notwithstanding section 3(4) of this Act) by notice served on the licence holder vary the licence, as from 
the date of its renewal, by including in it such conditions as appear to them to be necessary or expedient in 
consequence of sub-paragraph (2). 
(5)Section 3(3) shall, in its application in relation to any su ch licence, have effect— 
(a)with the omission of paragraph (a), and 
(b)as if the reference to Part I of this Act included a referen ce to this Part of this Schedule. 
(6)Section 55 shall have effect in relation to any such licence  with the omission of subsection (2); and the 
maximum amount which the holder of any such licence may be requ ired to pay by way of a financial penalty imposed in pursuance of subsection (1) of that section shall instead be the sum for the time being 
specified in section 45(6). 
(7)In sub-paragraph (1)(b) above the reference to spare capacit y within the frequencies referred to in that 
provision includes a reference to spare capacity within those f requencies which (not being spare capacity 
within the signals carrying a television broadcasting service) is not spare capacity within the meaning of 
Part I of this Act; and references in that Part of this Act (ho wever expressed) to the spare capacity 
authorised to be used under an additional services licence shal l, in relation to any such licence as is 
mentioned in sub-paragraph (1)(b), accordingly be construed as including a reference to spare capacity 
within those frequencies which is not spare capacity within the  meaning of that Part of this Act. 
(8)Except as provided in the preceding provisions of this parag raph, Part I of this Act applies to a licence 
granted in pursuance of this paragraph as it applies to any oth er additional services licence. 
PART IVSOUND BROADCASTING SERVICES TO BE PROVIDED BY RADIO AUTHORITY  
Certain local sound broadcasting services of IBA to be provided by Radio Authority as from transfer date  
1(1)So long as any contracts for the provision of local sound b roadcasts continue in force on and after the 
transfer date by virtue of paragraph 2(1) below, the Authority shall provide, in accordance with this Part of 
this Schedule, local sound broadcasting services consisting in the broadcasting of programmes provided by 
the programme contractors under those contracts. 
(2)The services provided by the Authority as mentioned in sub-p aragraph (1) shall be of high quality both 
as to the transmission and as to the matter transmitted, and sh all be provided for the localities in the United 
Kingdom for which the programmes in question are to be provided  by the programme contractors under 
their contracts. 
(3)As from the transfer date the following provisions of the 19 81 Act, namely— 
(a)section 2(2), 
(b)sections 3 to 9, 
(c)sections 28 and 29, and 
(d)Schedule 2, 
shall have effect in connection with the provision of those ser vices by the Authority as they had effect, 
immediately before the transfer date, in connection with the pr ovision of local sound broadcasting services 
by the IBA. 
(4)The provisions specified in sub-paragraph (3) above shall ha ve effect in accordance with that sub-
paragraph with the following general modifications, namely— 
(a)any reference to the IBA shall (subject to paragraph (b) and  sub-paragraph (8) below) be construed as a 
reference to the Authority; and (b)any reference to any of the broadcasting stations used by th e IBA shall be construed as a reference to 
any of the broadcasting stations used in the provision of any o f the services provided by the Authority as 
mentioned in sub-paragraph (1) above. 
(5)Section 3(2)(b) of the 1981 Act shall have effect in accorda nce with sub-paragraph (3) above with the 
substitution of the following sub-paragraph for sub-paragraph ( ii)— 
“(ii)by reason of the termination of any contract with a progra mme contractor; and”. 
(6)Section 8 of the 1981 Act shall have effect in accordance wi th sub-paragraph (3) above with the 
omission of subsections (6) to (9) of that section; but (except  in the case of any programme to which the 
Authority determine that the following prohibition is not to ap ply) none of the broadcasting services provided 
by the Authority as mentioned in sub-paragraph (1) above shall include a programme which is sponsored 
by any person whose business consists, wholly or mainly— 
(a)in the manufacture or supply of a product, or 
(b)in the provision of a service, 
the advertising of which in any such broadcasting service is pr ohibited by virtue of any provision of that Act 
(as applied by this paragraph) or of the code under section 9 o f that Act (as so applied). 
(7)Section 9 of the 1981 Act shall have effect in accordance wi th sub-paragraph (3) above as if— 
(a)in subsection (1)(a), after “standards and practice in adver tising” there were inserted “and in the 
sponsoring of programmes”; 
(b)in subsection (1)(b), there were inserted at the end “and as  regards the sponsoring of programmes so 
broadcast”; and 
(c)after “methods of advertising” (wherever occurring) there we re inserted “or sponsorship”; 
and the Authority may give effect to paragraph (a) above by mak ing modifications to the code in force under 
section 9 immediately before the transfer date. 
(8)Section 29(5) of the 1981 Act shall have effect in accordanc e with sub-paragraph (3) above as if the 
reference to requiring the IBA by notice in writing to do, or n ot to do, anything mentioned in that provision 
were a reference to requiring the Authority by notice in writin g to direct any programme contractor specified 
in the notice— 
(a)to do, or not to do, that thing, or 
(b)(if the context so requires) to secure that that thing is or  is not done. 
(9)Without prejudice to the generality of sub-paragraph (6) of paragraph 2 below, the Authority may make 
such variations of a contract to which sub-paragraph (1) of tha t paragraph applies as appear to them to be 
appropriate for facilitating or ensuring compliance with any di rection or notice given to or served on them 
under section 28 or 29 of the 1981 Act (as applied by this para graph). Preservation of certain local sound broadcasting contracts  
2(1)Where— 
(a)the IBA has, at any time before the transfer date, entered i nto a contract with a programme contractor for 
the provision by the contractor of local sound broadcasts in an y locality, and 
(b)the contract is effective immediately before that date, 
then, unless the contract is one to which paragraph 2 in Part V  of this Schedule applies (and subject to 
paragraph 1 in that Part)— 
(i)the contract shall continue to have effect on and after that  date (subject to and in accordance with this 
Part of this Schedule) as a contract between the Authority and that contractor and any other party to it, and 
(ii)any reference in the contract to the IBA shall accordingly be construed, in relation to any time falling on 
or after that date, as a reference to the Authority. 
(2)Section 2(3) of the 1981 Act shall have effect in relation t o the programmes broadcast by the Authority in 
accordance with paragraph 1(1) above as if— 
(a)any reference in that subsection to the IBA were a reference  to the Authority; and 
(b)the reference in that subsection to any such contracts as ar e there mentioned were a reference to 
contracts which continue in force by virtue of sub-paragraph (1 ) above. 
(3)As from the transfer date the following provisions of the 19 81 Act, namely— 
(a)sections 19(1) to (2B) and 20(2) to (9), 
(b)sections 21 to 25, 
(c)sections 32 to 35, and 
(d)Schedule 4, 
shall have effect in relation to any contract which continues i n force by virtue of sub-paragraph (1), or (as the 
case may be) in relation to the programme contractor under any such contract, subject to the modifications 
specified in sub-paragraph (4). 
(4)The modifications of the provisions specified in sub-paragra ph (3) are as follows— 
(a)any reference in those provisions to the IBA shall (subject to paragraphs (b) and (c) below) be construed 
as a reference to the Authority; 
(b)sections 21 and 23 shall have effect as if any reference to the IBA’s obligation to transmit the 
programmes supplied by a programme contractor were a reference to the right and the duty of the 
programme contractor under his contract to provide programmes f or broadcasting in one of the services 
provided by the Authority as mentioned in paragraph 1(1) above;  (c)section 22 shall have effect as if any reference to the prog rammes supplied to the IBA were a reference 
to the programmes supplied for broadcasting in one of those ser vices; and 
(d)section 32(2)(a) shall have effect as if— 
(i)for “the branch” there were substituted “the part”, and 
(ii)for “section 36(2) in relation to that branch” there were s ubstituted “paragraph 12(1) of Schedule 8 to the 
Broadcasting Act 1990 in relation to that part”. 
(5)The Authority shall do all that they can to secure that, so long as any contract continues in force by 
virtue of sub-paragraph (1), neither the programme contractor u nder the contract nor any associate of his— 
(a)holds any local licence, or 
(b)controls any body which holds any such licence, or 
(c)is a participant with more than a 20 per cent. interest in a  body corporate which holds any such licence, 
in a case where the area or locality for which the licensed ser vice is to be provided is to a significant extent 
the same as the locality for which local sound broadcasts are t o be provided under the programme 
contractor’s contract; and this sub-paragraph shall be construe d in accordance with Part I of Schedule 2 to 
this Act. 
(6)The Authority may make such variations of a contract which c ontinues in force by virtue of sub-
paragraph (1) as appear to them to be appropriate in consequenc e of any of the provisions of this Part of 
this Schedule. 
Delivery of programmes by means of local delivery services  
3Part II of this Act shall have effect as if section 72(2) of t his Act included a reference to any local sound 
broadcasting service provided by the Authority in accordance wi th this Part of this Schedule. 
Provisions relating to Broadcasting Complaints Commission  
4(1)Part V of this Act shall have effect as if— 
(a)section 143(2) of this Act included a reference to any sound  programme broadcast by the Authority in 
accordance with this Part of this Schedule; and 
(b)(subject to sub-paragraph (2)) the Authority were, in relati on to the provision by them of local sound 
broadcasting services in accordance with this Part of this Sche dule, a broadcasting body within the 
meaning of that Part of this Act. 
(2)Sub-paragraph (1)(b) shall not have effect for the purposes of section 145(5) of this Act; and the 
Authority shall make such variations of any contract which cont inues in force by virtue of paragraph 2(1) 
above as appear to them to be appropriate— 
(a)for requiring the programme contractor under that contract— (i)in the case of every programme provided by him which is broa dcast by the Authority in accordance with 
this Part of this Schedule, to retain a recording of that progr amme for the period of 42 days beginning with 
the broadcast, 
(ii)if requested to do so by the Authority for the purpose of e nabling them to comply with any requirement 
imposed on them in pursuance of section 145(4), 155(3) or 167(1 ) of this Act, to produce any such 
recording to them, and 
(iii)if requested to do so by the Authority for the purpose of enabling them to comply with any requirement 
imposed on them in pursuance of section 145(4) or 155(3) of thi s Act, to produce to them any transcript of 
any such programme which he is able to produce to them; and 
(b)for ensuring compliance by the programme contractor with any  request to which section 145(7) of this 
Act applies which may be made to him by the BCC. 
(3)For the financial year which includes the commencement of se ction 149 of this Act, and each 
subsequent financial year falling wholly or partly within the p eriod during which the Authority provide local 
sound broadcasting services in accordance with this Part of thi s Schedule, the Secretary of State shall 
notify to the Authority the sum which he considers to be the ap propriate contribution by that body, in 
respect of the programme contractors under contracts which cont inue in force by virtue of paragraph 2(1) 
above, towards the expenses of the BCC; and the Authority shall  pay to the Secretary of State any sum 
notified to them under this sub-paragraph. 
(4)Paragraph 2(1)(g)(i) of Schedule 13 to this Act shall have e ffect during the period referred to in sub-
paragraph (3) above as if the reference to the BBC or the Welsh  Authority included a reference to the 
Authority. 
(5)In this paragraph “the BCC” means the Broadcasting Complaint s Commission. 
Provisions relating to Broadcasting Standards Council  
5Part VI of this Act shall have effect as if— 
(a)section 152(2) of this Act included a reference to any sound  programme broadcast by the Authority in 
accordance with this Part of this Schedule; and 
(b)the Authority were, in relation to the provision by them of local sound broadcasting services in 
accordance with this Part of this Schedule, a broadcasting body  within the meaning of that Part of this Act. 
Supplementary provisions  
6(1)Any code, notice, direction, approval or other thing drawn up, given or done by or in relation to the 
IBA— 
(a)in pursuance of a provision of the 1981 Act which has effect  as from the transfer date in accordance with 
this Part of this Schedule, and (b)in connection with any of the IBA’s local sound broadcasting  services which are to be provided by the 
Authority as from that date in accordance with paragraph 1(1) a bove, 
shall, if in force or effective immediately before that date, h ave effect as from that date for the relevant 
purposes as if drawn up, given or done by or in relation to the  Authority. 
(2)Anything which immediately before that date was in the proce ss of being done by or in relation to the 
IBA may, if it was being so done as mentioned in paragraphs (a)  and (b) of sub-paragraph (1), be 
continued on or after that date by or in relation to the Author ity. 
(3)As from that date sections 61 and 62 of the 1981 Act shall h ave effect for the relevant purposes as if any 
reference to the IBA were a reference to the Authority. 
(4)In this paragraph “the relevant purposes” means the purposes  of the 1981 Act as it has effect as from 
the transfer date in accordance with this Part of this Schedule . 
PART VREPLACEMENT OF PROGRAMME CONTRACTS BY LOCAL LICENCES  
Replacement of contracts to which paragra ph 2(1) in Part IV applies by local licences  
1(1)The Authority may, if the programme contractor under a rele vant contract so requests— 
(a)determine the contract as from any time falling on or after the transfer date; and 
(b)subject to paragraph 3(2) below, grant to the programme cont ractor as from that time a licence to 
provide a local service for the locality in which local sound b roadcasts were to be provided by him under 
the contract. 
(2)In sub-paragraph (1) “relevant contract” means a contract wh ich (apart from that sub-paragraph) would 
continue in force by virtue of paragraph 2(1) in Part IV of thi s Schedule. 
(3)A licence granted in pursuance of sub-paragraph (1) shall (s ubject to the provisions of Part III of this Act) 
continue in force for such period as the Authority may determin e, except that the licence shall not expire— 
(a)before the date on which the contract referred to in that su b-paragraph would have expired if it had not 
been determined under that sub-paragraph, or 
(b)later than 31st December 1996 or the date which falls three years after the date referred to in paragraph 
(a), whichever is the earlier. 
Replacement by local licences of certain contracts for t he provision of local sound broadcasts in localities in 
which such broadcasts were already provided  
2(1)Any contract which— 
(a)the IBA has, at any time on or after 1st September 1989, ent ered into with a programme contractor for 
the provision by the contractor of local sound broadcasts in a locality comprised in the locality in which such 
broadcasts were for the time being to be provided by another pr ogramme contractor under a contract 
entered into before that time, and (b)is effective immediately before the transfer date, 
shall cease to have effect on that date; but, if the first-ment ioned programme contractor so requests at any 
time before that date, the Authority may, subject to paragraph 3(2) below, grant to him as from that date a 
licence to provide a local service for that locality. 
(2)A licence granted in pursuance of sub-paragraph (1) shall (s ubject to the provisions of Part III of this Act) 
continue in force until 31st December 1994. 
Common provisions applying to licences granted in pursuance of paragraph 1(1) or 2(1) above  
3(1)A request for the grant of a licence which is made to the A uthority by any person in pursuance of 
paragraph 1(1) or 2(1) above must be in writing and accompanied  by— 
(a)his proposals for providing a service that would cater for t he tastes and interests of persons living in the 
locality for which it would be provided or for any particular t astes and interests of such persons; and 
(b)such information as the Authority may reasonably require as to his present financial position and his 
projected financial position during the period for which the li cence would be in force. 
(2)The Authority shall not grant a licence to any person in pur suance of paragraph 1(1) or 2(1) above 
unless they are satisfied that the service proposed to be provi ded by that person would cater for the tastes 
and interests of persons living in the locality for which it wo uld be provided or for any particular tastes and 
interests of such persons. 
(3)Section 104 of this Act shall not apply in relation to the g rant of any such licence. 
(4)Section 106(1) of this Act shall apply to any such licence a s if for “when making his application” there 
were substituted “in pursuance of paragraph 3(1) in Part V of S chedule 11”. 
(5)In section 86(4) of this Act the reference to Part III of th is Act shall include a reference to this Part of this 
Schedule. 
(6)Except as provided in the preceding provisions of this parag raph, Part III of this Act applies to a licence 
granted in pursuance of paragraph 1(1) or 2(1) above as it appl ies to any other local licence granted under 
that Part. 
Saving for liabilities under terminated contracts  
4(1)Where the contract of a programme contractor is terminated by the Authority under this Part of this 
Schedule, the termination of that contract shall not affect any  liability of his which has accrued under or by 
virtue of the contract before its termination. 
(2)Where any such contract is so terminated but the programme c ontractor is granted a local licence as 
from the date of its termination, any agreement— 
(a)made before that date between the contractor and any other p erson, and (b)framed (whether expressly or by implication) by reference to  the contract or to the contractor’s status as 
a programme contractor, 
shall (unless it expressly provides otherwise) have effect as f rom that date with such modifications as are 
necessary to take account of the replacement of the contract by  the licence or of the contractor’s new status 
as the holder of the licence (as the case may require). 
(3)References in sub-paragraph (2) to an agreement include refe rences— 
(a)to an oral agreement, and 
(b)to a deed, bond or other instrument. 
Section 134. 
SCHEDULE 12T RANSITIONAL PROVISIONS RELATING TO EXISTING CABLE SERVICES  
PART IGENERAL  
1(1)In this Schedule— 
• “the 1984 Act” means t he [1984 c. 46.] Cabl e and Broadcasting A ct 1984; 
• “diffusion service” and “prescrib ed diffusion service” have the  same meaning as in Part I of the 1984 Act; 
• “local delivery licence” and “loc al delivery service” have the same meaning as in Part II of this Act; 
and in Part III of this Schedule “relevant licence” means a lic ence to provide a prescribed or other diffusion 
service in force by virtue of paragraph 1, 3, 5 or 8 in Part II  of this Schedule. 
(2)Any order which, immediately before the transfer date, is in  force under section 2(3) of the 1984 Act 
(meaning of “cable programme service” etc.) shall continue in f orce on and after that date for the purposes 
of the definition of “prescribed diffusion service” applied by sub-paragraph (1). 
2This Schedule applies to a licence granted under section 58 of  the [1984 c. 12.] Telecommunications Act 
1984 (power of Secretary of State to license cable services) as  it applies to one granted under section 4 of 
the [1984 c. 46.] Cable and Broadcasting Act 1984 (power of Cab le Authority to license such services). 
PART IILICENSING OF EXISTING CABLE SERVICES  
Prescribed diffusion services: continuation in force of existing licences  
1(1)Subject to paragraph 2 below, any licence to provide a pres cribed diffusion service which is in force 
under Part I of the 1984 Act immediately before the transfer da te shall, notwithstanding any repeals made 
by this Act, continue in force (subject to and in accordance wi th the provisions of this Schedule) for the 
remainder of the period specified in the licence. 
(2)Where any licence continues in force by virtue of sub-paragr aph (1), any conditions which— 
(a)were included in it in pursuance of any provision of the 198 4 Act, and 
(b)were in force immediately before the transfer date, shall similarly continue in force (subject to the provisions of  this Schedule), but any reference in the licence 
to the Cable Authority shall be construed, in relation to any t ime falling on or after that date, as a reference 
to the Commission. 
(3)Without prejudice to the generality of paragraph 2(4) in Par t III of this Schedule, the Commission may, in 
accordance with that provision, make such variations of a licen ce which continues in force by virtue of sub-
paragraph (1) above as appear to them to be appropriate in cons equence of any of the provisions of this 
Schedule. 
Prescribed diffusion services: replacement of  cable licences by local delivery licences  
2(1)Where— 
(a)any person is the holder of a licence to provide a prescribe d diffusion service, being a licence to which 
paragraph 1(1) above applies (“the existing licence”), and 
(b)the closing date for the making of applications for the lice nce under section 6 of the 1984 Act fell before 
7th November 1988, 
that person may, within the period of six months beginning with  the transfer date, request the Commission to 
grant him a licence under Part II of this Act to provide a loca l delivery service for the area in which the 
prescribed diffusion service is authorised to be provided under  the existing licence. 
(2)Where any request is duly made to them under sub-paragraph ( 1), the Commission shall 
(notwithstanding anything in sections 74 to 76 of this Act) gra nt the licence applied for; and, on the coming 
into force of that licence, the existing licence shall cease to  have effect. 
(3)A local delivery licence granted in pursuance of this paragr aph may authorise the licensed service to be 
provided by wireless telegraphy to such extent as is specified in the licence. 
(4)Nothing in section 77 of this Act shall apply to such a loca l delivery licence until such time (if any) as it is 
renewed in accordance with sub-paragraph (5). 
(5)Section 78 of this Act shall apply to such a local delivery licence as if— 
(a)in subsection (1), the first reference to a period of fiftee n years were a reference to the period of fifteen 
years beginning with the date of the coming into force of the e xisting licence; 
(b)in subsection (4), paragraph (b) were omitted; 
(c)subsection (5) were omitted; 
(d)in subsection (6)(b), the words from “a different” to “as” w ere omitted; and 
(e)in subsection (9), the reference to any conditions included in the licence in pursuance of section 77 were 
a reference to any conditions so included in accordance with su b-paragraph (6) below. 
(6)Where such a local delivery licence is to be renewed in acco rdance with sub-paragraph (5), the 
Commission shall (notwithstanding section 3(4) of this Act, as applied by section 73(3)) by notice served on the licence holder vary the licence, as from the date of its re newal, by including in it such conditions as 
appear to them to be necessary or expedient in consequence of s ub-paragraph (4). 
(7)Section 3(3) of this Act shall, in its application (in accor dance with section 73(3)) to a local delivery 
licence granted in pursuance of this paragraph, have effect as if the reference to Part I of this Act included 
a reference to this Part of this Schedule. 
(8)Section 81(3) and (4) of this Act shall not apply in relatio n to a local delivery licence granted in 
pursuance of this paragraph. 
(9)Except as provided in the preceding provisions of this parag raph, Part II of this Act applies to a local 
delivery licence granted in pursuance of this paragraph as it a pplies to any other such licence granted 
under that Part. 
Prescribed diffusion services: grant of new  licences to provide existing services  
3(1)The Commission may on or after the transfer date grant a li cence to provide a prescribed diffusion 
service (“the new service”) if— 
(a)the new service would be authorised to be provided in the sa me area as that in which a prescribed 
diffusion service (“the existing service”) is for the time bein g authorised to be provided under a licence to 
which paragraph 1(1) above applies; 
(b)the licence to provide the new service would come into force  on the expiry of the licence to provide the 
existing service; 
(c)the applicant for the licence to provide the new service is the holder of the licence to provide the existing 
service; and 
(d)after the expiry of the latter licence there will remain in force under Part II of the [1984 c. 
12.] Telecommunications Act 1984 a licence which authorises the  running of the telecommunication system 
by means of which the existing service is provided. 
(2)A licence granted under this paragraph shall be in writing a nd (subject to the provisions of this Schedule) 
shall continue in force for such period not exceeding eight yea rs as may be specified in the licence. 
(3)Any such licence may include— 
(a)such conditions as appear to the Commission to be requisite having regard to the duties imposed on 
them by virtue of this Schedule; 
(b)conditions requiring the rendering to the Commission of a pa yment on the grant of the licence or 
payments during the currency of the licence (or both) of such a mount or amounts as may be determined by 
or under the licence; and (c)conditions requiring the holder of the licence to furnish to  the Commission, in such manner and at such 
times as they may reasonably require, such information as they may require for the purpose of exercising 
the functions conferred on them by virtue of this Schedule. 
(4)Without prejudice to the generality of paragraph (a) of sub- paragraph (3), conditions included in a 
licence by virtue of that paragraph may require the holder of t he licence— 
(a)to comply with any direction given by the Commission as to s uch matters as are specified in the licence 
or are of a description so specified; or 
(b)except in so far as the Commission consent to his doing or n ot doing them, not to do or to do such things 
as are specified in the licence or are of a description so spec ified. 
(5)Any application for the grant of a licence under this paragr aph must be in writing; and in deciding 
whether to grant such a licence the Commission shall take into account all matters appearing to them to be 
relevant. 
(6)No person shall, in connection with a particular licence to which paragraph 1(1) above applies, be 
granted both a licence granted in pursuance of this paragraph a nd a licence granted in pursuance of 
paragraph 4 below; and that paragraph shall have effect subject  to this sub-paragraph. 
Prescribed diffusion services: cable licences to be succeeded on their expiry by local delivery licences  
4(1)Subject to the following provisions of this paragraph, a pe rson who is the holder of a licence to provide 
a prescribed diffusion service, being a licence to which paragr aph 1(1) above applies (“the existing 
licence”), may apply to the Commission for the grant, as from t he date on which the existing licence is due 
to expire (“the expiry date”), of a licence under Part II of th is Act to provide a local delivery service for the 
area in which the prescribed diffusion service is authorised to  be provided under the existing licence. 
(2)An application under sub-paragraph (1)— 
(a)may be made by the holder of the existing licence not earlie r than five years before the expiry date and 
not later than the relevant date; and 
(b)must be in writing and specify— 
(i)the area which would be covered by the applicant’s proposed local delivery service, and 
(ii)the technical means by which that service would be provided . 
(3)Where any such application is made before the relevant date,  the Commission may postpone the 
consideration of it by them for as long as they think appropria te but not beyond that date. 
(4)In sub-paragraphs (2) and (3) “the relevant date” means the date which the Commission determine to be 
that by which they would need to publish a notice under section  74 of this Act if they were to grant, as from 
the expiry date, such a licence under Part II of this Act as is  mentioned in sub-paragraph (1). (5)Notwithstanding anything in sections 74 to 76 of this Act, w here an application under sub-paragraph (1) 
has been duly made to the Commission, they may only refuse the application if— 
(a)they propose to grant, as a replacement for the existing lic ence, a local delivery licence authorising the 
provision of a local delivery service for an area which would b e different from that in which the applicant’s 
service is authorised to be provided under the existing licence  (“the franchise area”); or 
(b)the applicant is not, at the time when he makes his applicat ion, providing a prescribed diffusion service 
throughout the whole of the franchise area; or 
(c)it appears to them that the applicant’s proposed local deliv ery service would not cover the whole of the 
franchise area; or 
(d)it appears to them that any telecommunication system propose d to be used by the applicant in the 
provision of that service would not be acceptable to the releva nt licensing authorities. 
(6)A local delivery licence granted in pursuance of this paragr aph shall come into force on the expiry date. 
(7)Subject to sub-paragraph (8), subsections (6) to (9) of sect ion 78 of this Act shall apply in connection 
with the grant of an application for a local delivery licence u nder sub-paragraph (1) above as they apply in 
connection with the grant of an application for the renewal of a local delivery licence under subsection (1) of 
that section. 
(8)In the application of those subsections in accordance with s ub-paragraph (7)— 
(a)any reference to the renewal of a local delivery licence sha ll be construed as a reference to the grant of 
such a licence in pursuance of this paragraph (and related expr essions shall be construed accordingly); 
(b)in subsection (6)(b), the words from “a different” to “as” s hall be omitted; 
(c)in subsection (7), the words “, in accordance with sections 74 to 76, a licence” shall be substituted for “a 
fresh licence”; and 
(d)in subsection (8), the words from “formally” to “so” shall b e omitted. 
(9)Sub-paragraphs (3) and (7) to (9) of paragraph 2 above shall  have effect in relation to a local delivery 
licence granted in pursuance of this paragraph as they have eff ect in relation to such a licence granted in 
pursuance of that paragraph. 
(10)In this paragraph “the relevant licensing authorities” has the same meaning as in section 75 of this Act. 
Other diffusion services: continuati on in force of existing licences  
5(1)Subject to paragraph 7(1) below, where immediately before t he transfer date there is in force under 
Part I of the 1984 Act a licence to provide a diffusion service  which— 
(a)is not a prescribed diffusion service, but (b)is provided in an area which is comprised in the area in whi ch such a service is for the time being 
authorised to be provided under a licence to which paragraph 1( 1) above applies, 
the licence shall, notwithstanding any repeals made by this Act , continue in force (subject to and in 
accordance with the provisions of this Schedule) for the remain der of the period specified in the licence. 
(2)Where any licence continues in force by virtue of sub-paragr aph (1), any conditions which— 
(a)were included in it in pursuance of any provision of the 198 4 Act, and 
(b)were in force immediately before the transfer date, 
shall similarly continue in force (subject to the provisions of  this Schedule), but any reference in the licence 
to the Cable Authority shall be construed, in relation to any t ime falling on or after that date, as a reference 
to the Commission. 
(3)Without prejudice to the generality of paragraph 2(4) in Par t III of this Schedule, the Commission may, in 
accordance with that provision, make such variations of a licen ce which continues in force by virtue of sub-
paragraph (1) above as appear to them to be appropriate in cons equence of any of the provisions of this 
Schedule. 
(4)Where— 
(a)a licence to which sub-paragraph (1) applies (“the relevant licence”) is due to expire on a particular date 
in accordance with that sub-paragraph (being a date falling wit hin the period specified in sub-paragraph 
(5)), and 
(b)it appears to the Commission that on that date there would b e in force either— 
(i)any such licence to provide a prescribed diffusion service a s is referred to in sub-paragraph (1)(b), or 
(ii)a local delivery licence authorising the provision of a loc al delivery service for an area consisting of or 
including the area in which a diffusion service is for the time  being provided under the relevant licence (“the 
relevant service”), but 
(c)it also appears to them that on that date the holder of any such licence would not be in a position to 
provide his licensed service for all of the dwelling-houses for  which the relevant service is for the time being 
provided, 
the Commission shall so vary the relevant licence as to secure that (subject to sub-paragraph (5)) the licence 
continues in force until such time subsequent to that date as t hey may specify in a notice given to the holder 
of the licence; and the Commission shall not specify a time for  the purposes of this sub-paragraph unless 
they have reasonable grounds for believing that, at that time, the holder of any such licence as is mentioned 
in paragraph (b)(i) or (ii) above would be in a position to pro vide his licensed service for all of the dwelling-
houses referred to in paragraph (c) above. (5)A licence to which sub-paragraph (1) applies shall not conti nue in force in accordance with that sub-
paragraph or sub-paragraph (4) beyond the end of the period of eight years beginning with the transfer 
date. 
(6)If on the date when such a licence ceases to be in force (“t he expiry date”) either of the conditions 
specified in sub-paragraph (7) is satisfied, the holder of that  licence (“the relevant licence”) shall be granted 
by the Commission, as from the expiry date, a licence under Par t II of this Act to provide a local delivery 
service for the area in which a diffusion service was being pro vided under the relevant licence immediately 
before that date. 
(7)The conditions referred to in sub-paragraph (6) are— 
(a)that neither of the following is in force, namely— 
(i)any such licence to provide a prescribed diffusion service a s is referred to in sub-paragraph (1)(b), or 
(ii)a local delivery licence authorising the provision of a loc al delivery service for an area consisting of or 
including the area in which a diffusion service was being provi ded under the relevant licence immediately 
before the expiry date; 
(b)that any such licence as is mentioned in paragraph (a)(i) or  (ii) above is in force but it appears to the 
Commission that the holder of the licence is not in a position to provide his licensed service for all of the 
dwelling-houses for which a diffusion service was being provide d under the relevant licence immediately 
before the expiry date. 
(8)Subject to sub-paragraph (9), the following provisions, name ly— 
(a)sub-paragraphs (7) to (9) of paragraph 2 above, and 
(b)sub-paragraphs (2) to (5) of paragraph 6 below, 
shall have effect in relation to a local delivery licence grant ed in pursuance of sub-paragraph (6) above as 
they have effect in relation to such a licence granted in pursu ance of paragraph 2 above or (as the case may 
be) paragraph 6 below. 
(9)In its application in relation to a licence granted in pursu ance of sub-paragraph (6), paragraph 6(4)(a) 
shall have effect with the substitution of a reference to the d ate as from which the licence is granted for the 
reference to the transfer date. 
Other diffusion services: replacement of cable licences by local delivery licences  
6(1)Subject to paragraph 7(1) below, where immediately before t he transfer date there is in force under 
Part I of the 1984 Act a licence to provide a diffusion service  which is neither— 
(a)a prescribed diffusion service, nor 
(b)a diffusion service to which paragraph 5(1) above applies, the licence shall cease to have effect on the transfer date; bu t the holder of the licence shall be granted by 
the Commission as from that date a licence under Part II of thi s Act to provide a local delivery service for the 
area in which the diffusion service was authorised to be provid ed immediately before that date. 
(2)So much of section 73(2) of this Act as relates to the provi sion of local delivery services by wireless 
telegraphy shall not apply to a local delivery licence granted in pursuance of this paragraph. 
(3)Any local delivery licence granted in pursuance of this para graph shall be so granted notwithstanding 
anything in sections 74 to 76 of this Act; and nothing in secti on 77 of this Act shall apply to such a local 
delivery licence until such time (if any) as it is renewed in a ccordance with sub-paragraph (4). 
(4)Section 78 of this Act shall apply to such a local delivery licence as if— 
(a)in subsection (1), the first reference to a period of fiftee n years were a reference to the period of five 
years beginning with the transfer date, and the second referenc e to a period of fifteen years were a 
reference to a period of five years; 
(b)in subsection (2), the reference to five years were a refere nce to three years; 
(c)in subsection (4), paragraph (b) were omitted; 
(d)subsection (5) were omitted; 
(e)in subsection (6)(b), the words from “a different” to “as” w ere omitted; and 
(f)in subsection (9), the reference to any conditions included in the licence in pursuance of section 77 were 
a reference to any conditions so included in accordance with su b-paragraph (5). 
(5)Where such a local delivery licence is to be renewed in acco rdance with sub-paragraph (4), the 
Commission shall (notwithstanding section 3(4) of this Act, as applied by section 73(3)) by notice served on 
the licence holder vary the licence, as from the date of its re newal, by including in it such conditions as 
appear to them to be necessary or expedient in consequence of s ub-paragraph (3). 
(6)Sub-paragraphs (7) to (9) of paragraph 2 above shall have ef fect in relation to a local delivery licence 
granted in pursuance of this paragraph as they have effect in r elation to such a licence granted in 
pursuance of that paragraph. 
Other diffusion services: certain licences to cease to have effect  
7(1)Neither paragraph 5(1) nor paragraph 6(1) above applies to a licence to provide a diffusion service— 
(a)for a single building, or 
(b)in an area in which there are not more than the prescribed n umber of dwelling-houses; 
and any such licence shall cease to have effect on the transfer  date. (2)In sub-paragraph (1) “the prescribed number” means such numb er as the Secretary of State may by 
order prescribe; and any order under this sub-paragraph shall b e subject to annulment in pursuance of a 
resolution of either House of Parliament. 
Other diffusion services: certain unlicensed services to be licensed as cableservices or local delivery services  
8(1)This paragraph has effect in relation to any diffusion serv ice— 
(a)which immediately before the transfer date is, by virtue of paragraph 1 of the Schedule to the [S.I. 
1988/1370.] Cable Programme Services (Exceptions) Order 1988, n ot required to be licensed under Part I 
of the 1984 Act; and 
(b)which is for the time being provided by means of a telecommu nication system which has not previously 
been used for the purpose of providing a service licensed under  that Part of that Act; but 
(c)which on that date either— 
(i)constitutes a local delivery service for the purposes of Par t II of this Act, or 
(ii)is specified in an order made by the Secretary of State. 
(2)Where immediately before that date any such service (“the re levant service”) is provided in an area 
which is comprised in the area in which a prescribed diffusion service is for the time being authorised to be 
provided under a licence to which paragraph 1(1) above applies,  the Commission shall, if the person 
providing the relevant service so requests before that date, gr ant that person as from that date a licence to 
provide a diffusion service in the area in which the relevant s ervice was being provided immediately before 
that date. 
(3)A licence granted under sub-paragraph (2) shall be in writin g and (subject to the provisions of this 
Schedule) shall continue in force for the period of five years beginning with the transfer date. 
(4)Sub-paragraphs (3) and (4) of paragraph 3 above shall apply to a licence granted under sub-paragraph 
(2) as they apply to a licence granted under that paragraph. 
(5)Where— 
(a)a licence granted under sub-paragraph (2) (“the relevant lic ence”) is due to expire on a particular date in 
accordance with sub-paragraph (3), and 
(b)it appears to the Commission that on that date there would b e in force either— 
(i)any such licence to provide a prescribed diffusion service a s is referred to in sub-paragraph (2), or 
(ii)a local delivery licence authorising the provision of a loc al delivery service for an area consisting of or 
including the area in which a diffusion service is for the time  being provided under the relevant licence (“the 
relevant service”), but (c)it also appears to them that on that date the holder of any such licence would not be in a position to 
provide his licensed service for all of the dwelling-houses for  which the relevant service is for the time being 
provided, 
the Commission shall so vary the relevant licence as to secure that (subject to sub-paragraph (6)) the licence 
continues in force until such time subsequent to that date as t hey may specify in a notice given to the holder 
of the licence; and the Commission shall not specify a time for  the purposes of this sub-paragraph unless 
they have reasonable grounds for believing that, at that time, the holder of any such licence as is mentioned 
in paragraph (b)(i) or (ii) above would be in a position to pro vide his licensed service for all of the dwelling-
houses referred to in paragraph (c) above. 
(6)A licence granted under sub-paragraph (2) shall not continue  in force in accordance with sub-paragraph 
(5) beyond the end of the period of eight years beginning with the transfer date. 
(7)If on the date when such a licence ceases to be in force (“t he expiry date”) either of the conditions 
specified in sub-paragraph (8) is satisfied, the holder of that  licence (“the relevant licence”) shall be granted 
by the Commission, as from the expiry date, a licence under Par t II of this Act to provide a local delivery 
service for the area in which a diffusion service was being pro vided under the relevant licence immediately 
before that date. 
(8)The conditions referred to in sub-paragraph (7) are— 
(a)that neither of the following is in force, namely— 
(i)any such licence to provide a prescribed diffusion service a s is referred to in sub-paragraph (2), or 
(ii)a local delivery licence authorising the provision of a loc al delivery service for an area consisting of or 
including the area in which a diffusion service was being provi ded under the relevant licence immediately 
before the expiry date; 
(b)that any such licence as is mentioned in paragraph (a)(i) or  (ii) above is in force but it appears to the 
Commission that the holder of the licence is not in a position to provide his licensed service for all of the 
dwelling-houses for which a diffusion service was being provide d under the relevant licence immediately 
before the expiry date. 
(9)Where immediately before the transfer date any such diffusio n service as is mentioned in sub-paragraph 
(1) above is not being provided in any such area as is mentione d in sub-paragraph (2), the Commission 
shall, if the person providing the service so requests before t hat date, grant that person as from that date a 
licence under Part II of this Act to provide a local delivery s ervice for the area in which the diffusion service 
was being provided immediately before that date. 
(10)Subject to sub-paragraph (11), the following provisions, na mely— 
(a)sub-paragraphs (7) to (9) of paragraph 2 above, and 
(b)sub-paragraphs (2) to (5) of paragraph 6 above, shall have effect in relation to a local delivery licence grant ed in pursuance of sub-paragraph (7) or (9) above 
as they have effect in relation to such a licence granted in pu rsuance of paragraph 2 or (as the case may be) 
paragraph 6 above. 
(11)In its application in relation to a licence granted in purs uance of sub-paragraph (7) above, paragraph 
6(4)(a) shall have effect with the substitution of a reference to the date as from which the licence is granted 
for the reference to the transfer date. 
(12)In the case of a local delivery licence granted in pursuanc e of sub-paragraph (9) above, nothing in 
paragraph 1(1) in Part II of Schedule 2 to this Act shall have the effect of rendering— 
(a)a local authority, or 
(b)a body which is controlled by such an authority, 
a disqualified person in relation to the licence during the per iod of five years beginning with the date of its 
coming into force; and in this sub-paragraph “local authority” has the same meaning as in that Schedule. 
Other diffusion services: services falling pa rtly within and partly outside franchise areas  
9(1)Where immediately before the transfer date there is in forc e under Part I of the 1984 Act a licence to 
provide a diffusion service which— 
(a)is not a prescribed diffusion service, but 
(b)is provided in an area (“the relevant area”) only part of wh ich is comprised in the area in which a 
prescribed diffusion service is for the time being authorised t o be provided under a licence to which 
paragraph 1(1) applies (“the franchise area”), 
then (subject to paragraph 7 above)— 
(i)paragraph 5 above shall apply to the licence to the extent t hat it authorises the provision of a diffusion 
service in so much of the relevant area as is comprised in the franchise area, and 
(ii)paragraph 6(1) above shall apply to the licence to the exte nt that it authorises the provision of such a 
service in so much of the relevant area as is not so comprised.  
(2)The reference in paragraph 6(1) to the area in which a diffu sion service was authorised to be provided 
immediately before the transfer date shall accordingly be const rued, in relation to a licence to which sub-
paragraph (1) above applies, as a reference to so much of that area as is not comprised in the franchise 
area. 
(3)The reference in paragraph 7(1) above to a licence to provid e a diffusion service shall be construed, in 
relation to a licence to which sub-paragraph (1) above applies—  
(a)in connection with the application of paragraph 5(1) above, as a reference to the licence to the extent 
that it authorises the provision of such a service as is mentio ned in sub-paragraph (1)(i) above; and (b)in connection with the application of paragraph 6(1) above, as a reference to the licence to the extent 
that it authorises the provision of such a service as is mentio ned in sub-paragraph (1)(ii) above. 
(4)Where immediately before the transfer date any such diffusio n service as is mentioned in paragraph 8(1) 
above is provided in an area (“the relevant area”) only part of  which is comprised in the area in which a 
prescribed diffusion service is for the time being authorised t o be provided under a licence to which 
paragraph 1(1) above applies (“the franchise area”), then (subj ect to sub-paragraph (5) below)— 
(a)paragraph 8(2) above shall apply to the service to the exten t that it is, immediately before that date, 
being provided in so much of the relevant area as is comprised in the franchise area, and 
(b)paragraph 8(9) above shall apply to the service to the exten t that it is then being provided in so much of 
the relevant area as is not so comprised. 
(5)Neither paragraph 8(2) nor paragraph 8(9) shall apply to a d iffusion service in accordance with sub-
paragraph (4) above if the part of the service to which it woul d otherwise so apply would serve only— 
(a)a single building, or 
(b)an area in which there are not more than the prescribed numb er of dwelling-houses; 
and in paragraph (b) “the prescribed number” has the same meani ng as in paragraph 7(1) above. 
Restricted services: replacem ent of existing licences  
10(1)Where immediately before the transfer date there is in for ce under Part I of the 1984 Act a licence to 
provide a restricted service (“the restricted service licence”) , the licence shall cease to have effect on the 
transfer date; but if he makes the appropriate request before t hat date the holder of the licence shall— 
(a)where the restricted service consists in the provision of te levision programmes, be granted by the 
Commission as from that date a licence under Part I of this Act  to provide a licensable programme service, 
or 
(b)where the restricted service consists in the provision of so und programmes, be granted by the Radio 
Authority as from that date a licence under Part III of this Ac t to provide a licensable sound programme 
service, 
being a service of such a description as will, in the opinion o f the Commission or (as the case may be) the 
Radio Authority, enable the service to be provided under the li cence mentioned in paragraph (a) or (b) to 
correspond as nearly as possible to the service provided under the restricted service licence. 
(2)In sub-paragraph (1) “the appropriate request”— 
(a)in a case to which paragraph (a) of that sub-paragraph appli es, means a request to the Commission; 
and 
(b)in a case to which paragraph (b) of that sub-paragraph appli es, means a request to the Radio Authority. (3)Nothing in section 47(1) to (3) or (as the case may be) sect ion 86(3)(b) or 113(1) or (2) of this Act shall 
apply in relation to a licence granted in pursuance of sub-para graph (1); and any such licence shall (subject 
to the provisions of Part I or, as the case may be, Part III of  this Act) continue in force for the remainder of 
the period specified in the restricted service licence. 
(4)Section 3(3) of this Act shall, in its application to a lice nce granted in pursuance of sub-paragraph (1)(a), 
have effect as if the reference to Part I of this Act included a reference to this Part of this Schedule; and 
section 86(4) of this Act shall, in its application to a licenc e granted in pursuance of sub-paragraph (1)(b), 
have effect as if the reference to Part III of this Act include d a reference to this Part of this Schedule. 
(5)Except as provided in sub-paragraphs (3) and (4)— 
(a)Part I of this Act applies to a licence granted in pursuance  of sub-paragraph (1)(a) as it applies to any 
other licence granted under that Part to provide a licensable p rogramme service; and 
(b)Part III of this Act applies to a licence granted in pursuan ce of sub-paragraph (1)(b) as it applies to any 
other licence granted under that Part to provide a licensable s ound programme service. 
(6)In this paragraph— 
• “licensable programme service” has the same meaning as in Part I of this Act; 
• “licensable sound programme servi ce” has the same meaning as in  Part III of this Act; 
• “restricted service” has the same meaning as in Part I of the 1 984 Act. 
Requests made under this Part  
11Any request made to the Commission in pursuance of any provis ion of this Part of this Schedule must be 
in writing. 
Saving for liabilities under terminated licences  
12(1)Where any licence ceases to have effect at any time on or after the transfer date by virtue of any 
provision of this Part of this Schedule, any liability of the l icence holder which has accrued before that time 
under or by virtue of the licence shall not be affected by the licence so ceasing to have effect. 
(2)Where any such licence (“the existing licence”) so ceases to  have effect but the licence holder is granted 
in its place a licence (“the new licence”) in pursuance of any provision of this Part of this Schedule, any 
agreement— 
(a)made between the licence holder and any other person before the time when the existing licence so 
ceases to have effect, and 
(b)framed (whether expressly or by implication) by reference to  the existing licence or to the licence 
holder’s status as the holder of that licence, shall (unless it expressly provides otherwise) have effect as f rom that time with such modifications as are 
necessary to take account of the replacement of the existing li cence by the new licence or of the licence 
holder’s new status as the holder of the new licence (as the ca se may require). 
(3)References in sub-paragraph (2) to an agreement include refe rences— 
(a)to an oral agreement, and 
(b)to a deed, bond or other instrument. 
PART IIIPROVISIONS RELATING TO LICENCES IN FORCE UNDER OR BY VIRTUE OF THIS SCHEDULE  
Effect of relevant licences  
1(1)Subject to sub-paragraph (4) below, a relevant licence shal l have effect only so as to authorise the 
provision of a service consisting in the use of a telecommunica tion system for the purpose of the delivery of 
one or more of the following, namely— 
(a)any of the services specified in section 72(2) of this Act, or 
(b)any television or local sound broadcasting service provided by the Commission or the Radio Authority in 
accordance with Schedule 11 to this Act, 
for simultaneous reception in dwelling-houses in the area for w hich the licensed service is to be provided. 
(2)Accordingly the holder of any such licence shall not be subj ect to regulation under Part I or Part III of this 
Act as respects the programmes included in any service delivere d by the telecommunication system in 
question except— 
(a)to the extent that he is to be regarded for the purposes of that Part of this Act as providing any such 
service, or 
(b)in the case of Part I, in consequence of sub-paragraph (3)(b ) below. 
(3)In section 79 of this Act— 
(a)subsection (1) shall apply to the holder of a relevant licen ce and the service authorised to be provided 
under such a licence (“a licensed diffusion service”) as it app lies to the holder of a local delivery licence and 
his local delivery service; and 
(b)subsections (2) and (3) shall apply to a licensed diffusion service as they apply to a licensed local 
delivery service. 
(4)The holder of a relevant licence shall be taken to be author ised by his licence to include in his licensed 
diffusion service advertisements which are inserted by him and are not included in any service falling within 
section 72(2) of this Act; but, if any such advertisements are so included by him, sections 8 and 9 of this 
Act shall have effect as if the delivery of those advertisement s constituted the provision of a service 
licensed under Part I of this Act and he were the holder of a l icence in force under that Part. (5)Section 80 of this Act shall apply to the holder of a releva nt licence as it applies to the holder of a local 
delivery licence. 
(6)Section 82(1) of this Act shall not apply to any local deliv ery service which is a licensed diffusion service. 
General provisions about relevant licences  
2(1)It shall be the duty of the Commission to discharge their f unctions under this Schedule as respects the 
licensing of diffusion services in the manner which they consid er is best calculated to ensure fair and 
effective competition in the provision of such services and ser vices connected with them. 
(2)The Commission— 
(a)shall not grant a licence to any person under paragraph 3 or  8(2) in Part II of this Schedule unless they 
are satisfied that he is a fit and proper person to hold it; an d 
(b)shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding 
a relevant licence, that person does not remain the holder of t he licence; 
and nothing in that Part of this Schedule shall be construed as  affecting the operation of this sub-paragraph 
or paragraph 3 below. 
(3)The payment or payments required to be rendered to the Commi ssion— 
(a)in the case of a licence which continues in force by virtue of paragraph 1 or 5 in Part II of this Schedule, 
by virtue of conditions included in it in pursuance of section 4(5)(b) of the 1984 Act, or 
(b)by virtue of conditions included in a licence in pursuance o f paragraph 3(3)(b) or 8(4) in Part II of this 
Schedule, 
shall be such as to represent what appears to the Commission to  be the appropriate contribution of the holder 
of the licence towards meeting the sums which the Commission re gard as necessary in order to discharge 
their duty under paragraph 12(1) of Schedule 1 to this Act. 
(4)The Commission may vary a relevant licence by a notice serve d on the holder of the licence if— 
(a)in the case of a variation of the period for which the licen ce is to continue in force, the licence holder 
consents; or 
(b)in the case of any other variation, the licence holder has b een given a reasonable opportunity of making 
representations to the Commission about the variation. 
(5)The Commission shall not under sub-paragraph (4)— 
(a)vary the period for which a licence to provide a prescribed diffusion service is to continue in force if that 
period, as varied, would exceed— 
(i)fifteen years in the case of a licence to which section 4(4) (a) of the 1984 Act applied immediately before 
the transfer date, or (ii)eight years in the case of any other licence, or 
(b)vary the period for which— 
(i)a licence to which paragraph 5(1) in Part II of this Schedul e applies, or 
(ii)a licence granted in pursuance of paragraph 8(2) in that Pa rt, 
is to continue in force. 
(6)Sub-paragraph (4)(a) does not apply to any variation effecte d in accordance with paragraph 5(4) or 8(5) 
in Part II of this Schedule; but any such variation shall be ef fected by means of a notice served by the 
Commission on the holder of the licence in question. 
(7)Section 3(6) and (7) of this Act shall apply to a relevant l icence as they apply to a licence granted under 
Part II of this Act. 
Restrictions on the holding of certain relevant licences  
3(1)The Commission shall do all that they can to secure that no ne of the following, namely— 
(a)a local authority, 
(b)a body whose objects are wholly or mainly of a religious or political nature, 
(c)an individual who is an officer of a body falling within par agraph (b) above, or 
(d)a body which is controlled by a person falling within any of  the preceding paragraphs, or by two or more 
such persons taken together, 
becomes or remains the holder of a licence to which this paragr aph applies. 
(2)The Commission shall do all that they can to secure that a p erson who is (or is an associate of)— 
(a)a programme contractor for the provision of television progr ammes or sound broadcasts for any area or 
locality, 
(b)the holder of a licence to provide a regional Channel 3 serv ice or a local radio service for any area or 
locality, or 
(c)the proprietor of a local newspaper circulating wholly or ma inly in any area, 
does not become or remain the holder of a licence to which this  paragraph applies if the service to be provided 
under that licence is to be so provided in any part of that are a or locality. 
(3)The Commission shall do all that they can to secure that a p erson who is (or is an associate of) the 
holder of a licence to provide Channel 5 does not become or rem ain the holder of a licence to which this 
paragraph applies if the service to be provided under that lice nce is to be so provided in any part of the 
area for which the Channel 5 service is to be provided. 
(4)The Commission shall do all that they can to secure that a b ody corporate in which— (a)any of the persons mentioned in sub-paragraph (5) is a parti cipant, or 
(b)any of the persons mentioned in sub-paragraph (6) is a princ ipal participant, 
does not become or remain the holder of a licence to which this  paragraph applies if, in the opinion of the 
Commission, that person’s participation in the body corporate h as led, is leading or is likely to lead to results 
which are adverse to the public interest. 
(5)The persons referred to in sub-paragraph (4)(a) are— 
(a)a local authority; 
(b)a body whose objects are wholly or mainly of a religious or political nature; 
(c)the BBC and the Welsh Authority; and 
(d)a body which is controlled by a person falling within any of  the preceding paragraphs, or by two or more 
such persons taken together. 
(6)The persons referred to in sub-paragraph (4)(b) are— 
(a)a person who is a principal participant in another body corp orate which is— 
(i)the holder of a licence to which this paragraph applies, or 
(ii)the holder of a local delivery licence; 
(b)a programme contractor; 
(c)the holder of a licence to provide any of the following serv ices, namely a Channel 3 service, Channel 4, 
Channel 5, a domestic satellite service, a national radio servi ce or a local radio service; 
(d)the proprietor of a national or local newspaper; 
(e)an advertising agent; 
(f)an associate of a person falling within any of the preceding  paragraphs; 
(g)a person who has control over a body falling within any of t he preceding paragraphs; and 
(h)a body which is controlled by a person falling within any of  paragraphs (a) to (f) above, or by two or more 
such persons taken together. 
(7)This paragraph applies to any relevant licence authorising t he provision of a prescribed diffusion service. 
(8)In this paragraph— 
(a)“associate”, “local authority” and “participant” have the sa me meaning as in Schedule 2 to this Act, and 
“principal participant”, in relation to a body corporate, means  a person who (whether alone or jointly with 
one or more other persons, and whether directly or through one or more nominees) holds or is beneficially 
entitled to not less than one-twentieth of the shares, or posse sses not less than one-twentieth of the voting 
power, in that body corporate; (b)any reference to a national or local newspaper is a referenc e to a newspaper which is, or is to be treated 
as, a national or local newspaper for the purposes of Part IV o f that Schedule; 
(c)“programme contractor” has the same meaning as in the [1981 c. 68.] Broadcasting Act 1981; 
(d)any reference to a Channel 3 service (whether regional or ot herwise), to Channel 4 or 5, or to a 
domestic satellite service shall be construed in accordance wit h section 71(1) of this Act; and 
(e)any reference to a national or local radio service is a refe rence to a national or local service within the 
meaning of Part III of this Act. 
Inclusion of broadcasts in licensed services  
4(1)Section 13 of the 1984 Act (inclusion of certain broadcasts  in cable services) shall, during the interim 
period, have effect in relation to diffusion services provided under relevant licences as it had effect, 
immediately before the transfer date, in relation to such servi ces provided under licences in force under 
Part I of that Act, but subject to the following modifications,  namely— 
(a)any reference to the Cable Authority shall be construed as a  reference to the Commission; 
(b)any reference to a broadcasting authority shall (subject to paragraph (c) below) be construed as a 
reference to the BBC or the Welsh Authority or to the Commissio n in so far as they are providing a 
television broadcasting service in accordance with Schedule 11 to this Act; and 
(c)in subsection (1) the reference to both broadcasting authori ties shall be construed as a reference to the 
BBC and the Welsh Authority, and the words “or sound” shall be omitted. 
(2)As from the end of the interim period section 13 of the 1984  Act shall have effect as provided in sub-
paragraph (1) but subject to the following modifications (inste ad of those specified in paragraphs (a) to (c) 
of that sub-paragraph), namely— 
(a)any reference to the Cable Authority shall be construed as a  reference to the Commission; 
(b)any reference to a broadcasting authority shall (subject to paragraph (c) below) be construed as a 
reference to— 
(i)the BBC, 
(ii)the Welsh Authority, 
(iii)the Channel Four Television Corporation, or 
(iv)the holder of a licence under Part I of this Act to provide  a Channel 3 service within the meaning of that 
Part of this Act; 
(c)in subsection (1)— 
(i)the reference to both broadcasting authorities shall be cons trued as a reference to the BBC and the 
Welsh Authority, and (ii)the words “or sound” shall be omitted; and 
(d)subsections (5) and (6) shall be omitted. 
(3)Any order which, immediately before the transfer date, is in  force under section 13(1) of the 1984 Act 
shall continue in force on and after that date until revoked by  a subsequent order made under that 
provision. 
(4)In this paragraph “the interim period” means the period begi nning with the transfer date and ending with 
31st December 1992. 
Inclusion of local material in prescribed diffusion services  
5(1)In the case of a licence which continues in force by virtue  of paragraph 1 in Part II of this Schedule, 
nothing in this Schedule shall be construed as prejudicing the operation of any conditions included in the 
licence which— 
(a)were included in it in pursuance of section 4(5)(a) of the 1 984 Act, and 
(b)relate to the inclusion of such programmes, or to assisting such organisations, as are mentioned in 
section 7(2)(f) of that Act. 
(2)Where— 
(a)any licence (“the new licence”) is granted under paragraph 3  in Part II of this Schedule, and 
(b)the licence to provide the existing service (within the mean ing of that paragraph) included any such 
conditions as are mentioned in sub-paragraph (1) above, 
the new licence shall include conditions corresponding to those  conditions. 
Revocation of licences  
6(1)Every relevant licence shall contain all such provisions as  the Commission consider requisite or 
expedient to ensure that— 
(a)if, in view of any failure by the licence holder to comply w ith any condition of the licence or any direction 
given by the Commission, the Commission consider it necessary t o do so in the public interest, or 
(b)where the licence authorises the provision of a prescribed d iffusion service, if the Commission consider 
it necessary to do so for the purpose of complying with paragra ph 3 above, or 
(c)where— 
(i)the licence holder is a body, and 
(ii)any change affecting the nature or characteristics of the b ody, or any change in the persons having 
control over or interests in the body, has taken place after th e granting of the licence, and (iii)the change is such that, if it fell to the Commission to d etermine whether to grant the licence to the body 
in the new circumstances of the case, they would be induced by the change to refrain from granting the 
licence to the body, 
the Commission may revoke the licence by notice given to the li cence holder and taking effect forthwith or 
on a date specified in the notice. 
(2)Before revoking a licence under a provision included in a li cence in pursuance of sub-paragraph (1), the 
Commission shall— 
(a)give the licence holder a reasonable opportunity of making r epresentations to them about the matters 
complained of; and 
(b)consult the licensing authorities for the purposes of the [1 984 c. 12.] Telecommunications Act 1984. 
Supplementary provisions  
7(1)Any notice, direction or other thing given or done by or in  relation to the Cable Authority— 
(a)in pursuance of section 4(5) or 17 of the 1984 Act, and 
(b)in connection with any licence which continues in force as f rom the transfer date by virtue of paragraph 1 
or 5 in Part II of this Schedule, 
shall, if in force or effective immediately before that date, h ave effect as from that date as if given or done by 
or in relation to the Commission. 
(2)Anything which immediately before that date was in the proce ss of being done by or in relation to the 
Cable Authority may, if it was being so done as mentioned in pa ragraphs (a) and (b) of sub-paragraph (1), 
be continued on or after that date by or in relation to the Com mission. 
Section 142. 
SCHEDULE 13T HE BROADCASTING COMPLAINTS COMMISSION : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The BCC shall not be treated for the purposes of the enactm ents and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. 
(2)It shall be within the capacity of the BCC as a statutory co rporation to do such things and enter into such 
transactions as are incidental or conducive to the discharge of  their functions under this Act. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the BC C so long as he is— 
(a)a governor or employee of the BBC; 
(b)a member or employee of the Independent Television Commissio n established by this Act; 
(c)a member or employee of the Radio Authority established by t his Act; (d)a member or employee of the Channel Four Television Corporat ion established by this Act; 
(e)a member or employee of the Welsh Authority; 
(f)a member or employee of the Broadcasting Standards Council e stablished by this Act; or 
(g)a person who does not fall within any of the preceding parag raphs but who appears to the Secretary of 
State to be concerned with, or to have an interest in— 
(i)the preparation or provision of programmes for broadcasting by the BBC or the Welsh Authority; or 
(ii)the provision of a licensed service or the preparation or p rovision of programmes for inclusion in such a 
service. 
(2)Before appointing a person to be a member of the BCC the Sec retary of State shall satisfy himself that 
that person will have no such financial or other interest as is  likely to affect prejudicially the discharge by 
him of his functions as a member of the BCC; and the Secretary of State shall also satisfy himself from time 
to time with respect to every member of the BCC that he has no such interest. 
(3)Any person who is, or whom the Secretary of State proposes t o appoint to be, a member of the BCC 
shall, whenever requested by the Secretary of State to do so, f urnish him with such information as the 
Secretary of State considers necessary for the performance by h im of his duties under sub-paragraph (2). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the BCC shall hold and vacate 
office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the BCC fo r more than five years at a time. 
(3)Any member of the BCC may at any time resign his office by n otice in writing to the Secretary of State. 
Remuneration and pensions of members  
4(1)The BCC may pay to each member such remuneration and allowa nces as the Secretary of State may 
determine. 
(2)The BCC may pay or make provision for paying to or in respec t of any member such sums by way of 
pensions, allowances or gratuities as the Secretary of State ma y determine. 
(3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Secretary of State that there are special circumstances which make it right for him to receive 
compensation, the BCC may make a payment to him of such amount as the Secretary of State may 
determine. 
(4)The approval of the Treasury shall be required for any deter mination under this paragraph. 
Proceedings  5(1)Subject to paragraph 6 and to the provisions of Part V of t his Act, the quorum of the BCC and the 
arrangements relating to their meetings shall be such as the BC C may determine. 
(2)The arrangements may provide for the discharge, under the ge neral direction of the BCC, of any of the 
BCC’s functions by a committee or by one or more of the members  or employees of the BCC. 
6(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the BCC shall disclose the nature  of his interest to the meeting; and, where 
such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
BCC, or of any of their committees, with respect to that matter . 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the BCC at which all of the other 
members present resolve that the member’s interest should be di sregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the BCC by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the BCC i n order to make a disclosure which he is 
required to make under this paragraph if he takes reasonable st eps to secure that the disclosure is made 
by a notice which is taken into consideration and read at the m eeting. 
(5)In this paragraph references to a meeting of the BCC include  references to a meeting of any of their 
committees. 
7The validity of any proceedings of the BCC shall not be affect ed by any vacancy among the members or 
by any defect in the appointment of a member or by any failure to comply with the requirements of 
paragraph 6. 
Employees of the BCC  
8(1)The BCC may appoint such number of employees as they may de termine. 
(2)The remuneration and other conditions of service of the pers ons appointed under this paragraph shall be 
determined by the BCC. 
(3)If the BCC determine to do so in the case of any of their em ployees, the BCC shall pay to or in respect 
of those employees such pensions, allowances or gratuities, or provide and maintain for them such pension 
schemes (whether contributory or not), as the BCC may determine . (4)Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State 
given with the consent of the Treasury. 
(5)If any employee of the BCC— 
(a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the BCC, 
he may, if the Secretary of State so determines, be treated for  the purposes of the pension scheme as if his 
service as a member of the BCC were service as an employee of t he BCC. 
(6)The [1969 c. 57.] Employers' Liability (Compulsory Insurance ) Act 1969 shall not require insurance to be 
effected by the BCC. 
Financial provisions  
9(1)The Secretary of State shall pay to the BCC— 
(a)any expenses incurred or to be incurred by the BCC by virtue  of paragraph 4 or 8; and 
(b)with the consent of the Treasury, such sums as he thinks fit  for enabling the BCC to meet other 
expenses. 
(2)Any sums required by the Secretary of State for making payme nts under sub-paragraph (1) shall be paid 
out of money provided by Parliament. 
Authentication of BCC’s seal  
10The application of the seal of the BCC shall be authenticated  by the signature of the chairman or of 
some other person authorised for the purpose. 
Presumption of authenticity of documents issued by BCC  
11Any document purporting to be an instrument issued by the BCC  and to be duly executed under the seal 
of the BCC or to be signed on behalf of the BCC shall be receiv ed in evidence and shall be deemed to be 
such an instrument unless the contrary is shown. 
Accounts and audit  
12(1)The BCC shall keep proper accounts and proper records in r elation to the accounts, and shall prepare 
in respect of each financial year a statement of accounts in su ch form as the Secretary of State may direct 
with the approval of the Treasury. 
(2)The accounts of the BCC shall be audited by auditors to be a ppointed by the BCC with the approval of 
the Secretary of State. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— • the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The BCC shall at all reasonable times upon demand made by th e Secretary of State or by any persons 
authorised by him in that behalf— 
(a)afford to him or them full liberty to examine the accounts o f the BCC; and 
(b)furnish him or them with all forecasts, estimates, informati on and documents which he or they may 
require with respect to the financial transactions and commitme nts of the BCC. 
Section 151. 
SCHEDULE 14T HE BROADCASTING STANDARDS COUNCIL : SUPPLEMENTARY PROVISIONS  
Status and capacity  
1(1)The Council shall not be treated for the purposes of the en actments and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. 
(2)It shall be within the capacity of the Council as a statutor y corporation to do such things and enter into 
such transactions as are incidental or conducive to the dischar ge of their functions under this Act. 
Appointment of members  
2(1)A person shall be disqualified for being a member of the Co uncil so long as he is— 
(a)a governor or employee of the BBC; or 
(b)a member or employee of the Independent Television Commissio n established by this Act; or 
(c)a member or employee of the Radio Authority established by t his Act; or 
(d)a member or employee of the Channel Four Television Corporat ion established by this Act; or 
(e)a member or employee of the Welsh Authority; or 
(f)a member or employee of the Broadcasting Complaints Commissi on. 
(2)Before appointing a person to be a member of the Council the  Secretary of State shall satisfy himself 
that that person will have no such financial or other interest as is likely to affect prejudicially the discharge 
by him of his functions as a member of the Council; and the Sec retary of State shall also satisfy himself 
from time to time with respect to every member of the Council t hat he has no such interest. (3)Any person who is, or whom the Secretary of State proposes t o appoint to be, a member of the Council 
shall, whenever requested by the Secretary of State to do so, f urnish him with such information as the 
Secretary of State considers necessary for the performance by h im of his duties under sub-paragraph (2). 
Tenure of office  
3(1)Subject to the following provisions of this paragraph, each  member of the Council shall hold and vacate 
office in accordance with the terms of his appointment. 
(2)A person shall not be appointed to be a member of the Counci l for more than five years at a time. 
(3)Any member of the Council may at any time resign his office by notice in writing to the Secretary of 
State. 
Remuneration and pensions of members  
4(1)The Council may pay to each member such remuneration and al lowances as the Secretary of State 
may determine. 
(2)The Council may pay or make provision for paying to or in re spect of any member such sums by way of 
pensions, allowances or gratuities as the Secretary of State ma y determine. 
(3)Where a person ceases to be a member otherwise than on the e xpiry of his term of office and it appears 
to the Secretary of State that there are special circumstances which make it right for him to receive 
compensation, the Council may make a payment to him of such amo unt as the Secretary of State may 
determine. 
(4)The approval of the Treasury shall be required for any deter mination under this paragraph. 
Disqualification of members of Council for House of Commons and Northern Ireland Assembly  
5In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“The Broadcasting Standards Council”; 
and a corresponding amendment shall be made in Part II of Sched ule 1 to the [1975 c. 25.] Northern Ireland 
Assembly Disqualification Act 1975. 
Proceedings  
6(1)Subject to paragraph 7 and to the provisions of Part VI of this Act, the quorum of the Council and the 
arrangements relating to their meetings shall be such as the Co uncil may determine. 
(2)The arrangements may provide for the discharge, under the ge neral direction of the Council, of any of 
the Council’s functions by a committee or by one or more of the  members or employees of the Council. 7(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Council shall disclose the na ture of his interest to the meeting; and, where 
such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Council, or of any of their committees, with respect to that ma tter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Council at which all of the other 
members present resolve that the member’s interest should be di sregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Council by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as 
interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Counc il in order to make a disclosure which he 
is required to make under this paragraph if he takes reasonable  steps to secure that the disclosure is made 
by a notice which is taken into consideration and read at the m eeting. 
(5)In this paragraph references to a meeting of the Council inc lude references to a meeting of any of their 
committees. 
8The validity of any proceedings of the Council shall not be af fected by any vacancy among the members 
or by any defect in the appointment of a member or by any failu re to comply with the requirements of 
paragraph 7. 
Employees of the Council  
9(1)The Council may appoint such number of employees as they ma y determine. 
(2)The remuneration and other conditions of service of the pers ons appointed under this paragraph shall be 
determined by the Council. 
(3)If the Council determine to do so in the case of any of thei r employees, the Council shall pay to or in 
respect of those employees such pensions, allowances or gratuit ies, or provide and maintain for them such 
pension schemes (whether contributory or not), as the Council m ay determine. 
(4)Any determination under sub-paragraph (1), (2) or (3) shall require the approval of the Secretary of State 
given with the consent of the Treasury. 
(5)If any employee of the Council— 
(a)is a participant in any pension scheme applicable to his emp loyment, and 
(b)becomes a member of the Council, he may, if the Secretary of State so determines, be treated for  the purposes of the pension scheme as if his 
service as a member of the Council were service as an employee of the Council. 
(6)The [1969 c. 57.] Employers' Liability (Compulsory Insurance ) Act 1969 shall not require insurance to be 
effected by the Council. 
Financial provisions  
10(1)The Secretary of State shall pay to the Council— 
(a)any expenses incurred or to be incurred by the Council by vi rtue of paragraph 4 or 9; and 
(b)with the consent of the Treasury, such sums as he thinks fit  for enabling the Council to meet other 
expenses. 
(2)Any sums required by the Secretary of State for making payme nts under sub-paragraph (1) shall be paid 
out of money provided by Parliament. 
Authentication of Council’s seal  
11The application of the seal of the Council shall be authentic ated by the signature of the chairman or of 
some other person authorised for the purpose. 
Presumption of authenticity of documents issued by Council  
12Any document purporting to be an instrument issued by the Cou ncil and to be duly executed under the 
seal of the Council or to be signed on behalf of the Council sh all be received in evidence and shall be 
deemed to be such an instrument unless the contrary is shown. 
Accounts and audit  
13(1)It shall be the duty of the Council— 
(a)to keep proper accounts and proper records in relation to th e accounts, 
(b)to prepare in respect of each financial year a statement of accounts in such form as the Secretary of 
State may direct with the approval of the Treasury, and 
(c)to send copies of each such statement to the Secretary of St ate and the Comptroller and Auditor 
General not later than 31st August next following the end of th e financial year to which the statement 
relates. 
(2)The Comptroller and Auditor General shall examine, certify a nd report on each statement of accounts 
sent to him by the Council and shall lay a copy of every such s tatement and of his report before each 
House of Parliament. 
Section 162. 
SCHEDULE 15A PPLICATION OF 1959  ACT TO TELEVISION AND SOUND PROGRAMMES  
Interpretation  1In this Schedule— 
• “the 1959 Act” means t he [1959 c. 66.] Obsc ene Publications Act  1959; 
• “relevant programme” means a programme included in a programme service; 
and other expressions used in this Schedule which are also used  in the 1959 Act have the same meaning 
as in that Act. 
Liability of person providing live programme material  
2Where— 
(a)any matter is included by any person in a relevant programme  in circumstances falling within section 
1(5) of the 1959 Act, and 
(b)that matter has been provided, for inclusion in that program me, by some other person, 
the 1959 Act shall have effect as if that matter had been inclu ded in that programme by that other person (as 
well as by the person referred to in sub-paragraph (a)). 
Obscene articles kept for inclusion in programmes  
3It is hereby declared that where a person has an obscene artic le in his ownership, possession or control 
with a view to the matter recorded on it being included in a re levant programme, the article shall be taken 
for the purposes of the 1959 Act to be an obscene article had o r kept by that person for publication for gain. 
Requirement for consent of Director of Public Prosecutions  
4(1)Proceedings for an offence under section 2 of the 1959 Act for publishing an obscene article shall not 
be instituted except by or with the consent of the Director of Public Prosecutions in any case where— 
(a)the relevant publication, or 
(b)the only other publication which followed from the relevant publication, 
took place in the course of the inclusion of a programme in a p rogramme service; and in this sub-paragraph 
“the relevant publication” means the publication in respect of which the defendant would be charged if the 
proceedings were brought. 
(2)Proceedings for an offence under section 2 of the 1959 Act f or having an obscene article for publication 
for gain shall not be instituted except by or with the consent of the Director of Public Prosecutions in any 
case where— 
(a)the relevant publication, or 
(b)the only other publication which could reasonably have been expected to follow from the relevant 
publication, was to take place in the course of the inclusion of a programme  in a programme service; and in this sub-
paragraph “the relevant publication” means the publication whic h, if the proceedings were brought, the 
defendant would be alleged to have had in contemplation. 
(3)Without prejudice to the duty of a court to make an order fo r the forfeiture of an article under section 1(4) 
of the [1964 c. 74.] Obscene Publications Act 1964 (orders on c onviction), in a case where by virtue of sub-
paragraph (2) above proceedings under section 2 of the 1959 Act  for having an article for publication for 
gain could not be instituted except by or with the consent of t he Director of Public Prosecutions, no order 
for the forfeiture of the article shall be made under section 3  of the 1959 Act (power of search and seizure) 
unless the warrant under which the article was seized was issue d on an information laid by or on behalf of 
the Director of Public Prosecutions. 
Defences  
5(1)A person shall not be convicted of an offence under section  2 of the 1959 Act in respect of the inclusion 
of any matter in a relevant programme if he proves that he did not know and had no reason to suspect that 
the programme would include matter rendering him liable to be c onvicted of such an offence. 
(2)Where the publication in issue in any proceedings under that  Act consists of the inclusion of any matter 
in a relevant programme, section 4(1) of that Act (general defe nce of public good) shall not apply; but— 
(a)a person shall not be convicted of an offence under section 2 of that Act, and 
(b)an order for forfeiture shall not be made under section 3 of  that Act, 
if it is proved that the inclusion of the matter in question in  a relevant programme is justified as being for the 
public good on the ground that it is in the interests of— 
(i)drama, opera, ballet or any other art, 
(ii)science, literature or learning, or 
(iii)any other objects of general concern. 
(3)Section 4(2) of that Act (admissibility of opinions of exper ts) shall apply for the purposes of sub-
paragraph (2) above as it applies for the purposes of section 4 (1) and (1A) of that Act. 
Exclusion of proceedings under common law  
6Without prejudice to section 2(4) of the 1959 Act, a person sh all not be proceeded against for an offence 
at common law— 
(a)in respect of a relevant programme or anything said or done in the course of such a programme, where 
it is of the essence of the common law offence that the program me or (as the case may be) what was said 
or done was obscene, indecent, offensive, disgusting or injurio us to morality; or 
(b)in respect of an agreement to cause a programme to be includ ed in a programme service or to cause 
anything to be said or done in the course of a programme which is to be so included, where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or 
decency. 
Section 171. 
SCHEDULE 16A MENDMENTS OF THE  [1967  C. 41.] M ARINE , &C., BROADCASTING (OFFENCES ) 
ACT 1967 
1(1)Section 2 (prohibition of broadcasting from marine structur es) shall be amended as follows. 
(2)In subsection (1)(a)), for “external waters or in tidal wate rs in the United Kingdom” substitute “any waters 
to which this section applies”. 
(3)After subsection (2) insert the following subsection— 
“(3)This section applies to— 
(a)tidal waters in the United Kingdom; 
(b)external waters; and 
(c)waters in a designated area within the meaning of the Contin ental Shelf Act 1964.” 
2After section 2 insert the following section— 
“2AUnlawful broadcasting from wit hin prescribed areas of the hig h seas 
(1)Subject to subsection (4) below, it shall not be lawful to m ake a broadcast which— 
(a)is made from a ship (other than one registered in the United  Kingdom, the Isle of Man or any of the 
Channel Islands) while the ship is within any area of the high seas prescribed for the purposes of this 
section by an order made by the Secretary of State; and 
(b)is capable of being received in, or causes interference with  any wireless telegraphy in, the United 
Kingdom. 
(2)If a broadcast is made from a ship in contravention of subse ction (1) above, the owner of the ship, the 
master of the ship and every person who operates, or participat es in the operation of, the apparatus by 
means of which the broadcast is made shall be guilty of an offe nce. 
(3)A person who procures the making of a broadcast in contraven tion of subsection (1) above shall be 
guilty of an offence. 
(4)The making of a broadcast does not contravene subsection (1)  above if it is shown to have been 
authorised under the law of any country or territory outside th e United Kingdom. 
(5)Any order under this section shall be made by statutory inst rument subject to annulment in pursuance of 
a resolution of either House of Parliament.” 
3In section 3 (prohibition of acts connected with broadcasting from certain ships and aircraft, and from 
marine structures outside the United Kingdom)— 
(a)in subsection (1), at the beginning insert “Subject to subse ction (1A) below,”; and (b)after subsection (1) insert the following subsection— 
“(1A)Subsection (1)(a) above does not apply to any broadcast ma de in contravention of section 2A(1) of 
this Act, and subsections (1)(c) and (d) above do not apply to structures or other objects in waters falling 
within section 2(3)(c) of this Act.” 
4After section 3 insert the following section— 
“3AProhibition of management of stations broadcasting from ships , aircraft etc 
(1)Any person who, from any place in the United Kingdom or exte rnal waters, participates in the 
management, financing, operation or day-to-day running of any b roadcasting station by which broadcasts 
are made— 
(a)in contravention of section 1, 2 or 2A(1) of this Act, or 
(b)as mentioned in section 3(1)(a) of this Act, 
shall be guilty of an offence. 
(2)In this section “broadcasting station” means any business or  other operation (whether or not in the 
nature of a commercial venture) which is engaged in the making of broadcasts.” 
5(1)Section 4 (prohibition of acts facilitating broadcasting fr om ships, aircraft etc.) shall be amended as 
follows. 
(2)In subsection (1), after paragraph (a) insert— 
“(aa)where paragraph (a) above does not apply but the broadcast s in question are made, or are to be 
made, from any structure or other object (not being a ship or a ircraft) in waters falling within section 2(3)(c) 
of this Act, he does the act on that structure or other object within those waters; or 
(ab)where paragraph (a) above does not apply but the broadcasts  in question are made, or are to be made, 
from a ship in contravention of section 2A(1) of this Act, he d oes the act in that ship within any such area of 
the high seas as is mentioned in paragraph (a) of that provisio n; or”. 
(3)In subsection (3)(e), for “or 2(1)” substitute “, 2(1) or 2A (1)”. 
6(1)Section 5 (prohibition of acts relating to matter broadcast  from ships, aircraft etc.) shall be amended as 
follows. 
(2)In subsection (1), after paragraph (a) insert— 
“(aa)where paragraph (a) above does not apply but the broadcast s in question are made, or are to be 
made, from any structure or other object (not being a ship or a ircraft) in waters falling within section 2(3)(c) 
of this Act, he does the act on that structure or other object within those waters; or 
(ab)where paragraph (a) above does not apply but the broadcasts  in question are made, or are to be made, 
from a ship in contravention of section 2A(1) of this Act, he d oes the act in that ship within any such area of 
the high seas as is mentioned in paragraph (a) of that provisio n; or”. (3)In subsections (3)(a) and (4), for “or 2(1)”, in each place where those words occur, substitute “, 2(1) or 
2A(1)”. 
7(1)Section 6 (penalties and legal proceedings) shall be amende d as follows. 
(2)In subsection (1)(a), for “three” substitute “six”. 
(3)In subsection (5), for “on behalf of”, in both places where those words occur, substitute “with the consent 
of the Secretary of State or”. 
8After section 7 insert the following section— 
“7APowers of enforcement in relation to marine offences under th is Act 
(1)The following persons are enforcement officers for the purpo ses of this section— 
(a)persons authorised by the Secretary of State to exercise the  powers conferred by subsection (5) below; 
(b)police officers; 
(c)commissioned officers of Her Majesty’s armed forces; 
(d)officers commissioned by the Commissioners of Customs and Ex cise under section 6(3) of the Customs 
and Excise Management Act 1979; and 
(e)persons not falling within any of the preceding paragraphs w ho are British sea-fishery officers by virtue 
of section 7(1) of the Sea Fisheries Act 1968; 
and in this subsection “armed forces” means the Royal Navy, the  Royal Marines, the regular army and the 
regular air force, and any reserve or auxiliary force of any of  those services which has been called out on 
permanent service, or called into actual service, or embodied. 
(2)If an enforcement officer has reasonable grounds for suspect ing— 
(a)that an offence under this Act has been or is being committe d by the making of a broadcast from any 
ship, structure or other object in external waters or in tidal waters in the United Kingdom or from a ship 
registered in the United Kingdom, the Isle of Man or any of the  Channel Islands while on the high seas, 
(b)that an offence under section 2 of this Act has been or is b eing committed by the making of a broadcast 
from a structure or other object in waters falling within subse ction (3)(c) of that section, or 
(c)that an offence under section 2A of this Act has been or is being committed by the making of a 
broadcast from a ship, 
and the Secretary of State has issued a written authorisation f or the exercise of the powers conferred by 
subsection (5) below in relation to that ship, structure or oth er object, then (subject to subsections (6) and (7) 
below) the officer may, with or without persons assigned to ass ist him in his duties, so exercise those powers. 
(3)If— (a)the Secretary of State has issued an authorisation under sub section (2) above for the exercise of the 
powers conferred by subsection (5) below in relation to any shi p, structure or other object, and 
(b)an enforcement officer has reasonable grounds for suspecting  that an offence under section 4 or 5 of 
this Act has been or is being committed in connection with the making of a broadcast from that ship, 
structure or other object, 
then (subject to subsections (6) and (7) below) the officer may , with or without persons assigned to assist 
him in his duties, also exercise those powers in relation to an y ship, structure or other object which he has 
reasonable grounds to suspect has been or is being used in conn ection with the commission of that offence. 
(4)Where— 
(a)an enforcement officer has reasonable grounds for suspecting  that an offence under section 4 or 5 of 
this Act has been or is being committed in connection with the making of a broadcast from a ship, structure 
or other object, but 
(b)an authorisation has not been issued under subsection (2) ab ove for the exercise of the powers 
conferred by subsection (5) below in relation to that ship, str ucture or other object, 
then (subject to subsections (6) and (7) below) the officer may , with or without persons assigned to assist 
him in his duties, nevertheless exercise those powers in relati on to any ship, structure or other object which 
he has reasonable grounds to suspect has been or is being used in connection with the commission of that 
offence if the Secretary of State has issued a written authoris ation for the exercise of those powers in relation 
to that ship, structure or other object. 
(5)The powers conferred by this subsection on an enforcement of ficer in relation to any ship, structure or 
other object are— 
(a)to board and search the ship, structure or other object; 
(b)to seize and detain the ship, structure or other object and any apparatus or other thing found in the 
course of the search which appears to him to have been used, or  to have been intended to be used, in 
connection with, or to be evidence of, the commission of the su spected offence; 
(c)to arrest and search any person who he has reasonable ground s to suspect has committed or is 
committing an offence under this Act if— 
(i)that person is on board the ship, structure or other object,  or 
(ii)the officer has reasonable grounds for suspecting that that  person was so on board at, or shortly before, 
the time when the officer boarded the ship, structure or other object; 
(d)to arrest any person who assaults him, or a person assigned to assist him in his duties, while exercising 
any of the powers conferred by this subsection or who intention ally obstructs him or any such person in the 
exercise of any of those powers; (e)to require any person on board the ship, structure or other object to produce any documents or other 
items which are in his custody or possession and are or may be evidence of the commission of any offence 
under this Act; 
(f)to require any such person to do anything for the purpose of  facilitating the exercise of any of the powers 
conferred by this subsection, including enabling any apparatus or other thing to be rendered safe and, in 
the case of a ship, enabling the ship to be taken to a port; 
(g)to use reasonable force, if necessary, in exercising any of those powers; 
and references in paragraphs (a) to (c) and (e) above to the sh ip, structure or other object include references 
to any ship’s boat or other vessel used from the ship, structur e or other object. 
(6)Except as provided in subsection (7) below, the powers confe rred by subsection (5) above shall only be 
exercised in tidal waters in the United Kingdom or in external waters. 
(7)Those powers may in addition— 
(a)in relation to a suspected offence under this Act committed in a ship registered in the United Kingdom, 
the Isle of Man or any of the Channel Islands while on the high  seas, be exercised in relation to that ship on 
the high seas; 
(b)in relation to a suspected offence under section 2 of this A ct committed on a structure or other object 
within waters falling within subsection (3)(c) of that section,  be exercised in relation to that structure or 
other object within those waters; and 
(c)in relation to a suspected offence under section 2A of this Act committed in a ship within any such area 
of the high seas as is mentioned in subsection (1)(a) of that s ection, be exercised in relation to that ship 
within that area of the high seas. 
(8)Any person who— 
(a)assaults an enforcement officer, or a person assigned to ass ist him in his duties, while exercising any of 
the powers conferred by subsection (5) above or intentionally o bstructs him or any such person in the 
exercise of any of those powers, or 
(b)without reasonable excuse fails or refuses to comply with an y such requirement as is mentioned in 
paragraph (e) or (f) of that subsection, 
shall be guilty of an offence under this Act. 
(9)Neither an enforcement officer nor a person assigned to assi st him in his duties shall be liable in any civil 
or criminal proceedings for anything done in purported exercise  of any of the powers conferred by 
subsection (5) above if the court is satisfied that the act was  done in good faith and that there were 
reasonable grounds for doing it. 
(10)Nothing in this section shall have effect so as to prejudic e the exercise of any powers exercisable apart 
from this section. (11)Any reference in this section, in relation to a person assi gned to assist an enforcement officer in his 
duties, to the exercise of any of the powers conferred by subse ction (5) above is a reference to the 
exercise by that person of any of those powers on behalf of tha t officer.” 
Section 176. 
SCHEDULE 17I NFORMATION ABOUT PROGRAMMES : COPYRIGHT  
PART ICOPYRIGHT LICENSING  
1(1)This paragraph applies where the person providing a program me service has assigned to another the 
copyright in works containing information to which this Schedul e applies. 
(2)The person providing the programme service, not the assignee , is to be treated as the owner of the 
copyright for the purposes of licensing any act restricted by t he copyright done on or after the day on which 
this paragraph comes into force. 
(3)Where the assignment by the person providing the programme s ervice occurred before 29th September 
1989 then, in relation to any act restricted by the copyright s o assigned— 
(a)sub-paragraph (2) does not have effect, and 
(b)references below in this Schedule to the person providing th e programme service are to the assignee. 
PART IIUSE OF INFORMATION AS OF RIGHT 
Circumstances in which right available  
2(1)Paragraph 4 applies to any act restricted by the copyright in works containing information to which this 
Schedule applies done by the publisher if— 
(a)a licence to do the act could be granted by the person provi ding the programme service but no such 
licence is held by the publisher, 
(b)the person providing the programme service refuses to grant to the publisher a licence to do the act, 
being a licence of such duration, and of which the terms as to payment for doing the act are such, as would 
be acceptable to the publisher, and 
(c)the publisher has complied with paragraph 3. 
(2)The reference in sub-paragraph (1) to refusing to grant a li cence includes failing to do so within a 
reasonable time of being asked. 
(3)References below in this Schedule to the terms of payment ar e to the terms as to payment for doing any 
act restricted by the copyright in works containing information  to which this Schedule applies. 
Notice of intention to exercise right  
3(1)A publisher intending to avail himself of the right conferr ed by paragraph 4 must— 
(a)give notice of his intention to the person providing the pro gramme service, asking that person to propose 
terms of payment, and (b)after receiving the proposal or the expiry of a reasonable t ime, give reasonable notice to the person 
providing the programme service of the date on which he propose s to begin exercising the right and the 
terms of payment in accordance with which he intends to do so. 
(2)Before exercising the right the publisher must— 
(a)give reasonable notice to the Copyright Tribunal of his inte ntion to exercise the right and of the date on 
which he proposes to begin to do so, and 
(b)apply to the Tribunal under paragraph 5 to settle the terms of payment. 
Conditions for exercise of right  
4(1)Where the publisher, on or after the date specified in a no tice under paragraph 3(1)(b), does any act in 
circumstances in which this paragraph applies, he shall, if he makes the payments required by this 
paragraph, be in the same position as regards infringement of c opyright as if he had at all material times 
been the holder of a licence to do so granted by the person pro viding the programme service. 
(2)Payments are to be made at not less than quarterly intervals  in arrears. 
(3)The amount of any payment is that determined in accordance w ith any order of the Copyright Tribunal 
under paragraph 5 or, if no such order has been made— 
(a)in accordance with any proposal for terms of payment made by  the person providing the programme 
service pursuant to a request under paragraph 3(1)(a), or 
(b)where no proposal has been so made or the amount determined in accordance with the proposal so 
made appears to the publisher to be unreasonably high, in accor dance with the terms of payment notified 
under paragraph 3(1)(b). 
Applications to settle payments  
5(1)On an application to settle the terms of payment, the Copyr ight Tribunal shall consider the matter and 
make such order as it may determine to be reasonable in the cir cumstances. 
(2)An order under sub-paragraph (1) has effect from the date th e applicant begins to exercise the right 
conferred by paragraph 4 and any necessary repayments, or furth er payments, shall be made in respect of 
amounts that have fallen due. 
Application for review of order  
6(1)A person exercising the right conferred by paragraph 4, or the person providing the programme 
service, may apply to the Tribunal to review any order under pa ragraph 5. 
(2)An application under sub-paragraph (1) shall not be made, ex cept with the special leave of the 
Tribunal— 
(a)within twelve months from the date of the order, or of the d ecision on a previous application under this 
paragraph, or (b)if the order was made so as to be in force for fifteen month s or less, or as a result of a decision on a 
previous application is due to expire within fifteen months of that decision, until the last three months before 
the expiry date. 
(3)On the application the Tribunal shall consider the matter an d make such order confirming or varying the 
original order as it may determine to be reasonable in the circ umstances. 
(4)An order under this paragraph has effect from the date on wh ich it is made or such later date as may be 
specified by the Tribunal. 
PART IIISUPPLEMENTARY  
7(1)This Schedule and the [1988 c. 48.] Copyright, Designs and Patents Act 1988 shall have effect as if the 
Schedule were included in Chapter III of Part I of that Act, an d that Act shall have effect as if proceedings 
under this Schedule were listed in section 149 of that Act (jur isdiction of the Copyright Tribunal). 
(2)References in this Schedule to anything done by the publishe r include anything done on his behalf. 
(3)References in this Schedule to works include future works, a nd references to the copyright in works 
include future copyright. 
Section 180. 
SCHEDULE 18T RANSFER OF FUNCTIONS CONNECTED WITH TELEVISION LICENCES  
PART I[1949  C. 54.] A MENDMENTS OF WIRELESS TELEGRAPHY ACT 1949 
1(1)Section 1 (licensing of wireless telegraphy) shall be amend ed as follows. 
(2)In subsection (1), for the words from “granted” to “any pers on” substitute “granted under this section— 
(a)by the Secretary of State (unless it is a television licence ), or 
(b)if it is a television licence, by the BBC; 
and any person”. 
(3)In subsection (2), for the words from “limitations as” (wher e first occurring) to “including” 
substitute “limitations— 
(a)as the Secretary of State may think fit; or 
(b)in the case of a television licence, as the Secretary of Sta te may direct or (subject to any such direction) 
the BBC may think fit, 
including”. 
(4)In subsection (3), before “, continue in force” insert “or ( if it is a television licence) by the BBC”. 
(5)In subsection (4)— 
(a)after “wireless telegraphy licence” insert “other than a tel evision licence”; and (b)at the end add “; and a television licence may be revoked, o r the terms, provisions or limitations thereof 
varied, by the BBC (either of their own motion or to give effec t to any direction of the Secretary of State 
under subsection (2)(b) of this section)— 
(a)by a notice in writing served on the holder of the licence; or 
(b)by a general notice published as mentioned above.” 
(6)At the end of the section add the following subsection— 
“(7)In this Act— 
• “television licence” means a wireless telegraphy licence author ising the installation and use of a television receiver; 
and 
• “television receiver” means television receiving apparatus of a ny class or description specified in regulations made 
by the Secretary of State unde r section 2 of this Act.” 
2(1)Section 2 (fees and charges for wireless telegraphy licence s) shall be amended as follows. 
(2)In subsection (1), for the words from “paid to” to “by the p erson” substitute “paid— 
(a)to the Secretary of State; or 
(b)in the case of a television licence, to the BBC, 
by the person”. 
(3)For the first paragraph of subsection (2) substitute— 
• “Notwithstanding anything in subsection (1 ) of this section, wh ere— 
(a) 
an application for the issue or r enewal of a television licence  is made to the BBC by a person 
ordinarily resident in the United Kingdom, and 
(b) 
the BBC are satisfied, by means o f a certificate issued by the local authority and produced 
to them by the applicant, that the applicant is a blind person not resident in a public or 
charitable institution or in a school, 
the BBC shall, to such extent as the Secretary of State may det ermine, dispense with the 
payment of any sum which would otherwise be payable on the issu e or renewal of the 
licence.” 
3In section 15(1) (entry and search of premises etc.), for the words from “authorising” down to (but not 
including) “and named” substitute “authorising— 
(a)any person or persons authorised in that behalf by the Secre tary of State; or 
(b)where the offence relates to the installation or use of a te levision receiver, any person or persons 
authorised in that behalf by the BBC or the Secretary of State, ”. 4In section 19 (interpretation), insert the following subsectio n after subsection (2)— 
“(2A)In this Act— 
• “the BBC” means the British Broadcasting Corporation; and 
• “television licence” and “televi sion receiver” have the meaning  given by section 1(7) of this Act.” 
PART II[1967  C. 72.] A MENDMENTS OF PART I OF WIRELESS TELEGRAPHY ACT 1967 
1In the following provisions, namely— 
(a)subsections (1), (2), (4) and (5) of section 1 (registration  of dealers), 
(b)subsections (1), (3) and (6) of section 2 (notification and recording of transactions), 
(c)subsection (1) of section 3 (power to call for additional in formation), 
(d)subsections (1) and (2) of section 4 (service of notices, et c.), and 
(e)subsections (3) to (5) of section 5 (offences and enforcemen t), 
for “the Postmaster General” wherever those words occur (which are, by virtue of section 3(1) of the [1969 
c. 48.] Post Office Act 1969 and the [S.I. 1974/691.] Ministry of Posts and Telecommunications (Dissolution) 
Order 1974, to be construed as, or in certain instances as incl uding, a reference to the Secretary of State) 
substitute “the BBC”. 
2In section 1(5), for “him” substitute “them”. 
3In section 2(3)— 
(a)for “him” substitute “them”; and 
(b)for “he” substitute “they”. 
4In section 3(1), for “him” (where first occurring) substitute “them”. 
5In section 4(2), for “him” (wherever occurring) substitute “th em”. 
6In section 5— 
(a)in subsection (3), for “his” substitute “their”; and 
(b)in subsection (5), after “came to” insert “their or”. 
7In section 6(1)— 
(a)insert the following definition after the definition of “app ointed day”— 
““the BBC” means the British Broadcasting Corporation;”; and 
(b)at the end of the definition of “prescribed” add “after cons ultation with the BBC”. 
Section 183. 
SCHEDULE 19T HE GAELIC TELEVISION COMMITTEE : SUPPLEMENTARY PROVISIONS  
Status and capacity  1(1)The Committee shall be a body corporate. 
(2)The Committee shall not be treated for the purposes of the e nactments and rules of law relating to the 
privileges of the Crown as a body exercising functions on behal f of the Crown. 
(3)It shall be within the capacity of the Committee as a statut ory corporation to do such things and enter 
into such transactions as are incidental or conducive to the di scharge of their functions under section 183 
of this Act. 
Tenure of office and remuneration  
2(1)Subject to sub-paragraph (2), each member of the Committee shall hold and vacate office in 
accordance with the terms of his appointment. 
(2)Any member of the Committee may at any time resign his offic e by notice to the Commission. 
(3)The Commission may pay to each member such remuneration and allowances as they may determine. 
Disqualification of members of Committee for House of Commons  
3In Part II of Schedule 1 to the [1975 c. 24.] House of Commons  Disqualification Act 1975 (bodies of which 
all members are disqualified) there shall be inserted at the ap propriate place— 
“Comataidh Telebhisein Gaidhlig”. 
Proceedings  
4(1)Subject to paragraph 5, the quorum of the Committee and the  arrangements relating to their meetings 
shall be such as the Committee may determine. 
(2)The arrangements may, with the approval of the Commission, p rovide for the discharge, under the 
general direction of the Committee, of any of the Committee’s f unctions by a committee or by one or more 
of the members or employees of the Committee. 
5(1)A member who is in any way directly or indirectly intereste d in any matter that is brought up for 
consideration at a meeting of the Committee shall disclose the nature of his interest to the meeting; and, 
where such a disclosure is made— 
(a)the disclosure shall be recorded in the minutes of the meeti ng, and 
(b)(subject to sub-paragraph (2)) the member shall not take any  part in any deliberation or decision of the 
Committee, or of any of their committees, with respect to that matter. 
(2)Sub-paragraph (1)(b) shall not apply in relation to any meet ing of the Committee at which all of the other 
members present resolve that the member’s interest should be di sregarded for the purposes of that 
provision. 
(3)For the purposes of sub-paragraph (1), a general notificatio n given at a meeting of the Committee by a 
member to the effect that he is a member of a specified company  or firm and is to be regarded as interested in any matter involving that company or firm shall b e regarded as a sufficient disclosure of his 
interest in relation to any such matter. 
(4)A member need not attend in person at a meeting of the Commi ttee in order to make a disclosure which 
he is required to make under this paragraph if he takes reasona ble steps to secure that the disclosure is 
made by a notice which is taken into consideration and read at the meeting. 
(5)In this paragraph references to a meeting of the Committee i nclude references to a meeting of any of 
their committees. 
6The validity of any proceedings of the Committee shall not be affected by any vacancy among the 
members or by any defect in the appointment of a member or by a ny failure to comply with the 
requirements of paragraph 5. 
Employees of the Committee  
7(1)The Committee may appoint such employees as they may determ ine with the consent of the 
Commission as to numbers and terms of employment. 
(2)If the Committee determine to do so in the case of any of th eir employees, the Committee shall pay to or 
in respect of those employees such pensions, allowances or grat uities, or provide and maintain for them 
such pension schemes (whether contributory or not), as the Comm ittee may determine. 
(3)The [1969 c. 57.] Employers' Liability (Compulsory Insurance ) Act 1969 shall not require insurance to be 
effected by the Committee. 
Financial provision  
8There shall be defrayed out of the Gaelic Television Fund— 
(a)any expenses incurred by the Commission— 
(i)by virtue of paragraph 2, 
(ii)in paying the salaries of any employees of the Commission w hose services have been furnished to the 
Committee by the Commission, or 
(iii)in connection with providing the Committee with office acc ommodation or other facilities; 
(b)any expenses incurred by the Committee by virtue of paragrap h 7; and 
(c)with the approval of the Commission, any other expenses incu rred by the Committee. 
Authentication of Committee’s seal  
9The application of the seal of the Committee shall be authenti cated by the signature of the chairman or of 
some other person authorised for the purpose. 
Presumption of authenticity of documents issued by the Committee  10Any document purporting to be an instrument issued by the Com mittee and to be duly executed under 
the seal of the Committee or to be signed on behalf of the Comm ittee shall be received in evidence and 
shall be deemed to be such an instrument unless the contrary is  shown. 
Accounts and audit  
11(1)The Committee shall keep proper accounts and proper record s in relation to the accounts, and shall 
prepare in respect of each financial year a statement of accoun ts in such form as the Commission may 
direct. 
(2)The accounts of the Committee shall be audited by auditors t o be appointed by the Committee with the 
approval of the Commission. 
(3)A person shall not be qualified to be appointed as an audito r in pursuance of sub-paragraph (2) unless 
he is a member of one or more of the following bodies— 
• the Institute of Chartered Acc ountants in England and Wales; 
• the Institute of Chartered Accountants of Scotland; 
• the Chartered Association of Certified Accountants; 
• the Institute of Charter ed Accountants in Ireland; 
• any other body of accountants est ablished in the United Kingdom  and for the time being recognised for the 
purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act  1985 by the Secretary of State, 
but a Scottish firm may be so appointed if each of the partners  in the firm is qualified to be so appointed. 
(4)The Committee shall at all reasonable times upon demand made  by the Commission or by any persons 
authorised by them in that behalf— 
(a)afford to them full liberty to examine the accounts of the C ommittee; and 
(b)furnish them with all forecasts, estimates, information and documents which they may require with 
respect to the financial transactions and commitments of the Co mmittee. 
Annual reports  
12(1)As soon as possible after the end of each financial year, the Committee shall prepare a general report 
of their proceedings during that year and transmit it to the Co mmission. 
(2)The report shall have attached to it the statement of accoun ts for the year and a copy of any report 
made by the auditors on that statement. 
(3)The Commission shall send a copy of each annual report recei ved by them in accordance with this 
paragraph to the Secretary of State who shall lay copies of it before each House of Parliament. 
Section 203(1). 
SCHEDULE 20M INOR AND CONSEQUENTIAL AMENDMENTS  Parliamentary Papers Act 1840 (c. 9)  
1Section 3 (protection in respect of proceedings for printing e xtracts from or abstracts of parliamentary 
papers) shall have effect as if the reference to printing inclu ded a reference to including in a programme 
service. 
Law of Libel Amendment Act 1888 (c. 64)  
2Section 3 (contemporary reports of proceedings before courts e xercising judicial authority) shall apply in 
relation to reports or matters included in a programme service,  and in relation to any inclusion in such a 
service of any such report or matter, as it applies in relation  to reports and matters published in a 
newspaper and to publication in a newspaper. 
Children and Young Persons Act 1933 (c. 12)  
3(1)In section 28 (powers of entry)— 
(a)in subsection (2)(a), omit “a cable programme studio” and fo r “broadcast in a cable programme” 
substitute “programme service”; and 
(b)for subsection (4) substitute— 
“(4)In this section— 
• “broadcasting studio” means a s tudio used in connection with th e provision of a programme service; 
• “programme service” has the same  meaning as in the Broadcasting  Act 1990.” 
(2)Sections 39 and 49 (restriction on newspaper reports of cour t proceedings involving children and young 
persons) shall, with the necessary modifications, apply in rela tion to reports or matters included in a 
programme service, and in relation to including any such report s or matters in such a service, as they apply 
in relation to reports or matters published in newspapers and t o publishing any matter in a newspaper. 
Children and Young Persons (Scotland) Act 1937 (c. 37)  
4(1)In section 36 (power to enter studios)— 
(a)in subsection (2)(a), omit “a cable programme studio” and fo r “broadcast in a cable programme” 
substitute “programme service”; and 
(b)for subsection (4) substitute— 
“(4)In this section— 
• “broadcasting studio” means a s tudio used in connection with th e provision of a programme service; 
• “programme service” has the same  meaning as in the Broadcasting  Act 1990”. 
(2)Section 46 (restriction on newspaper reports of court procee dings involving children and young persons) 
shall, with the necessary modifications, apply in relation to r eports or matters included in a programme service, and in relation to including any such reports or matte rs in such a service, as it applies in relation to 
reports or matters published in newspapers and to publishing an y matter in a newspaper. 
Public Bodies (Admission to Meetings) Act 1960 (c. 67)  
5In section 1(7) (admission of public to meetings of local auth orities and other bodies), for the words from 
“or for” to “licensed” substitute “or for programme services (w ithin the meaning of the Broadcasting Act 
1990) other than sound or television broadcasting services”. 
Children and Young Persons Act 1963 (c. 37)  
6In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) 
substitute— 
“(d)any performance not falling within paragraph (c) above but included in a programme service (within the 
meaning of the Broadcasting Act 1990);”. 
Licensing Act 1964 (c. 26)  
7In section 182(1) (relaxation, with respect to licensed premis es, of law relating to music and dancing 
licences), for the words from “or by the” to “licensed” substit ute “or of programmes included in any 
programme service (within the meaning of the Broadcasting Act 1 990) other than a sound or television 
broadcasting service”. 
Private Places of Entertainment (Licensing) Act 1967 (c. 19)  
8In section 2(3) (certain private places of entertainment to re quire licences), for the words from “or of being” 
onwards substitute “or of being included in any programme servi ce (within the meaning of the Broadcasting 
Act 1990) other than a sound or television broadcasting service .” 
Wireless Telegraphy Act 1967 (c. 72)  
9In section 6(1) (interpretation of Part I of the Act), for the  definition of “television programme” substitute— 
““television programme” means a programme included in any telev ision broadcasting or other television 
programme service (within the meaning of Part I of the Broadcas ting Act 1990);”. 
London Cab Act 1968 (c. 7)  
10In section 4(5) (restrictions on advertising in connection wi th private hire-cars), in the definition of 
“advertisement”, for “or by inclusion in a cable programme serv ice” substitute “or by inclusion in any 
programme service (within the meaning of the Broadcasting Act 1 990) other than a sound or television 
broadcasting service”. 
Trade Descriptions Act 1968 (c. 29)  11In section 39(2) (interpretation), for “or in a programme inc luded in a cable programme service” 
substitute “or in any programme included in any programme servi ce (within the meaning of the 
Broadcasting Act 1990) other than a sound or television broadca sting service”. 
Social Work (Scotland) Act 1968 (c. 49)  
12In section 58(1) (prohibition of publication of proceedings i n a children’s hearing), for the words 
“broadcast or a programme included in cable programme service”—  
(a)in the first place where they occur, substitute “programme i ncluded in a programme service (within the 
meaning of the Broadcasting Act 1990)”; and 
(b)in the second place where they occur, substitute “programme included in such a programme service”. 
Theatres Act 1968 (c. 54)  
13In section 7(2)(b) (exceptions for performance given in certa in circumstances), for sub-paragraph (iii) 
substitute— 
“(iii)the performance to be included in a programme service (wi thin the meaning of the Broadcasting Act 
1990) other than a sound or television broadcasting service;”. 
Gaming Act 1968 (c. 65)  
14In section 42(8) (definition of “advertisement” for the purpo ses of restrictions on advertisements relating 
to gaming), for “or by inclusion in a cable programme service” substitute “or by inclusion in any programme 
service (within the meaning of the Broadcasting Act 1990) other  than a sound or television broadcasting 
service”. 
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.) ) 
15(1)In section 40(2) (restriction on persons under 16 taking p art in certain performances), for paragraph 
(d) substitute— 
“(d)any performance not falling within paragraph (c) but includ ed in a programme service (within the 
meaning of the Broadcasting Act 1990);”. 
(2)In section 45 (powers of entry)— 
(a)in subsection (2)(a), omit “a cable programme studio” and fo r “broadcast in a cable programme” 
substitute “programme service”; and 
(b)for subsection (5) substitute— 
“(5)In this section— 
• “broadcasting studio” means a s tudio used in connection with th e provision of a programme service; 
• “programme service” has the same  meaning as in the Broadcasting  Act 1990.” (3)In section 59 (power to prohibit publication of certain matt er in newspapers and broadcasts)— 
(a)in subsection (1)— 
(i)in paragraph (a), for “in any newspaper or in any broadcast”  substitute “which is published in any 
newspaper or included in any programme service (within the mean ing of the Broadcasting Act 1990)”; and 
(ii)in paragraph (b), for “in any television broadcast” substit ute “included in any such service”; and 
(b)in subsection (2), after “publishes” insert “or includes in a programme service”. 
(4)In section 68 (restrictions on newspaper and broadcast repor ts of proceedings in juvenile courts)— 
(a)in subsection (1)— 
(i)in paragraph (a), for the words from “in any newspaper” to “ court” substitute “of any proceedings in a 
juvenile court which is published in any newspaper or included in any programme service (within the 
meaning of the Broadcasting Act 1990)”; and 
(ii)in paragraph (b), for “in any television broadcast” substit ute “included in any such service”; and 
(b)in subsection (3), after “publishes” insert “or includes in a programme service”. 
Local Government Act 1972 (c. 70)  
16In section 100K (interpretation and application of Part VA of  the Act), in paragraph (b) of the definition of 
“newspaper”, for sub-paragraph (ii) substitute— 
“(ii)for inclusion in programmes to be included in any programm e service (within the meaning of the 
Broadcasting Act 1990) other than a sound or television broadca sting service;”. 
Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.) ) 
17In section 148(1) (interpretation), in the definition of “new spaper”, for the words from “or for” onwards 
substitute “or for programmes to be included in a programme ser vice (within the meaning of the 
Broadcasting Act 1990) other than a sound or television broadca sting service;”. 
Employment Agencies Act 1973 (c. 35)  
18In section 13(4) (interpretation), for paragraphs (c) and (d)  substitute “or 
(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).” 
Northern Ireland Constitution Act 1973 (c. 36)  
19In Schedule 3 (minimum reserved matters), in paragraph 14, fo r the words from “, (including” onwards 
substitute “and the provision of programme services (within the  meaning of the Broadcasting Act 1990).” 
Fair Trading Act 1973 (c. 41)  
20In section 133(2)(a) (exceptions to restriction on disclosure  of information), after “the Electricity Act 
1989,” insert “or the Broadcasting Act 1990,”. Criminal Procedure (Scotland) Act 1975 (c. 21)  
21In subsection (2) of sections 169 and 374 (restrictions on re port of proceedings involving person under 
16), for the words from “broadcasts” to “service” substitute “p rogrammes included in a programme service 
(within the meaning of the Broadcasting Act 1990)”. 
Industry Act 1975 (c. 68)  
22In section 9 (the National Enterprise Board and the media)— 
(a)in subsection (1), for paragraphs (b) and (c) substitute— 
“(b)shall become the holder of a relevant licence.”; 
(b)in subsection (3), for paragraphs (ii) and (iii) substitute—  
“(ii)activities connected with the provision of a service under  a relevant licence.”; 
(c)in subsection (9)— 
(i)for “a programme contractor, they shall consult the Independ ent Broadcasting Authority” substitute “the 
holder of a relevant licence, they shall consult the appropriat e authority”; and 
(ii)for “that Authority” substitute “the appropriate authority” ; 
(d)omit subsection (9A); 
(e)in subsection (10), for “programme contractor” substitute “h older of a relevant licence”; and 
(f)for subsection (11) substitute— 
“(11)In this section— 
• “appropriate authority” means— 
(a) 
in relation to a licence grant ed under Part I of the Broadcasti ng Act 1990, the Independent Television Commission; 
and 
(b) 
in relation to a licence grant ed under Part III of that Act, th e Radio Authority; 
• “relevant licence” means a licen ce granted by the Independent T elevision Commission or the Radio Authority under 
Part I or (as the case may  be) Part III of that Act.” 
Scottish Development Agency Act 1975 (c. 69)  
23In section 17 (the Scottish Development Agency and the media) , for “Cable and Broadcasting Act 1984” 
substitute “Broadcasting Act 1990”. 
Welsh Development Agency Act 1975 (c. 70)  
24In section 19 (the Welsh Development Agency and the media)— (a)in subsection (1), for paragraphs (b) and (c) substitute— 
“(b)shall become the holder of a relevant licence.”; 
(b)in subsection (3), for paragraphs (ii) and (iii) substitute—  
“(ii)activities connected with the provision of a service under  a relevant licence.”; 
(c)in subsection (9)— 
(i)for “a programme contractor, they shall consult the Independ ent Broadcasting Authority” substitute “the 
holder of a relevant licence, they shall consult the appropriat e authority”; and 
(ii)for “that Authority” substitute “the appropriate authority” ; 
(d)omit subsection (9A); 
(e)in subsection (10), for “programme contractor” substitute “h older of a relevant licence”; and 
(f)for subsection (11) substitute— 
“(11)In this section— 
• “appropriate authority” means— 
(a) 
in relation to a licence grant ed under Part I of the Broadcasti ng Act 1990, the Independent Television Commission; 
and 
(b) 
in relation to a licence grant ed under Part III of that Act, th e Radio Authority; 
• “relevant licence” means a licen ce granted by the Independent T elevision Commission or the Radio Authority under 
Part I or (as the case may  be) Part III of that Act.” 
Restrictive Trade Practices Act 1976 (c. 34)  
25In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” 
insert “or the Broadcasting Act 1990”. 
Sexual Offences (Amendment) Act 1976 (c. 82)  
26(1)In section 4 (anonymity of complainants in rape etc. cases )— 
(a)in subsection (1), for “broadcast or included in a cable pro gramme”, in each place where those words 
occur, substitute “included in a relevant programme for recepti on” and for “broadcasting or inclusion in a 
cable programme” substitute “inclusion in a relevant programme” ; 
(b)in subsection (5), for “broadcast or included in a cable pro gramme” substitute “or included in a relevant 
programme” and for paragraphs (c) and (d) substitute “and (c)in the case of matter included in a relevant programme, any body corporate which is engaged in 
providing the service in which the programme is included and an y person having functions in relation to the 
programme corresponding to those of an editor of a newspaper,”;  
(c)in subsection (5A), for “or broadcast of any matter or the i nclusion of any matter in a cable programme,” 
substitute “of any matter or the inclusion of any matter in a r elevant programme,” and for “, broadcast or 
cable programme” substitute “or programme”; 
(d)in subsection (6), omit the definitions of “a broadcast” and  “cable programme” and after the definition of 
“complainant” insert— 
““relevant programme” means a programme included in a programme  service (within the meaning of the 
Broadcasting Act 1990);”; and 
(e)in subsection (7), for “broadcast or inclusion in a cable pr ogramme” substitute “or upon matter included 
in a relevant programme”. 
(2)In section 5(5) (supplementary provisions), for “broadcast o r cable programme in question was of” 
substitute “or programme in question was of, or (as the case ma y be) included,”. 
(3)In section 7(6) (extent to Northern Ireland), for “broadcast  or inclusion in a cable programme” substitute 
“in, or such an inclusion of matter in a relevant programme for  reception in,”. 
Sexual Offences (Northern Ireland) Order 1978 ( S.I. 1978/460 (N.I.5) ) 
27(1)In Article 6 (anonymity of complainants in rape offence ca ses)— 
(a)in paragraph (1), for “broadcast or included in a cable prog ramme” substitute “included in a relevant 
programme for reception”; 
(b)in paragraph (5), for “broadcast or included in a cable prog ramme” substitute “or included in a relevant 
programme” and for sub-paragraphs (c) and (d) substitute “and 
(c)in the case of matter included in a relevant programme, any body corporate which is engaged in 
providing the service in which the programme is included and an y person having functions in relation to the 
programme corresponding to those of an editor of a newspaper,”;  
(c)in paragraph (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of 
“complainant” insert— 
““relevant programme” means a programme included in a programme  service (within the meaning of the 
Broadcasting Act 1990);”; and 
(d)in paragraph (7), for “broadcasting or inclusion in a cable programme” substitute “or inclusion in a 
relevant programme” and for “broadcast or inclusion in a cable programme” substitute “or upon matter 
included in a relevant programme”. (2)In Article 7(3) (supplementary provisions), for “broadcast o r cable programme in question was of” 
substitute “or programme in question was of, or (as the case ma y be) included,”. 
(3)In Article 8(1) (anonymity of defendants in rape offence cas es), for “broadcast or included in a cable 
programme” substitute “included in a relevant programme (as def ined in Article 6(6)) for reception”. 
Competition Act 1980 (c. 21)  
28In section 19(3) (exceptions to restriction on disclosure of information), after paragraph (m) insert— 
“(n)the Broadcasting Act 1990.” 
Magistrates' Courts Act 1980 (c. 43)  
29(1)In section 8 (restrictions on reports of committal proceed ings)— 
(a)in subsection (1), for “broadcast or include in a cable prog ramme” substitute “include in a relevant 
programme for reception”; 
(b)in subsections (2B), (4), (5) and (8), for “broadcast or inc luded in a cable programme”, in each place 
where those words occur, substitute “or included in a relevant programme”; 
(c)in subsection (3), for “broadcast or include in a cable prog ramme”, in each place where those words 
occur, substitute “or include in a relevant programme”; 
(d)in subsection (5), for paragraphs (c) and (d) substitute— 
“(c)in the case of the inclusion of a report in a relevant prog ramme, any body corporate which provides the 
service in which the programme is included and any person havin g functions in relation to the programme 
corresponding to those of an editor of a newspaper,”; 
(e)in subsection (10), omit the definitions of “broadcast” and “cable programme” and after the definition of 
“publish” insert— 
““relevant programme” means a programme included in a programme  service (within the meaning of the 
Broadcasting Act 1990).” 
(2)In section 71 (reports of domestic proceedings), for subsect ion (1) substitute— 
“(1)In the case of domestic proceedings in a magistrates' court  (other than proceedings under the Adoption 
Act 1976) it shall not be lawful for a person to whom this subs ection applies— 
(a)to print or publish, or cause or procure to be printed or pu blished, in a newspaper or periodical, or 
(b)to include, or cause or procure to be included, in a program me included in a programme service (within 
the meaning of the Broadcasting Act 1990) for reception in Grea t Britain, 
any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below. 
(1A)The particulars referred to in subsection (1) above are— (a)the names, addresses and occupations of the parties and witn esses; 
(b)the grounds of the application, and a concise statement of t he charges, defences and counter-charges in 
support of which evidence has been given; 
(c)submissions on any point of law arising in the course of the  proceedings and the decision of the court on 
the submissions; 
(d)the decision of the court, and any observations made by the court in giving it. 
(1B)Subsection (1) above applies— 
(a)in relation to paragraph (a) of that subsection, to the prop rietor, editor or publisher of the newspaper or 
periodical, and 
(b)in relation to paragraph (b) of that subsection, to any body  corporate which provides the service in which 
the programme is included and to any person having functions in  relation to the programme corresponding 
to those of an editor of a newspaper.”; 
and in subsection (2), for “subsection (1)” substitute “subsect ion (1A)”. 
Indecent Displays (Control) Act 1981 (c. 42)  
30In section 1(4) (provisions relating to indecent displays dis applied in relation to broadcasting etc.), for 
paragraph (a) substitute— 
“(a)included by any person in a television broadcasting service  or other television programme service 
(within the meaning of Part I of the Broadcasting Act 1990);”. 
Contempt of Court Act 1981 (c. 49)  
31(1)In section 2 (limitation of scope of strict liability)— 
(a)in subsection (1), for “broadcast cable programme” substitut e “programme included in a programme 
service”; and 
(b)after subsection (4) insert— 
“(5)In this section “programme service” has the same meaning as  in the Broadcasting Act 1990.” 
(2)In section 19 (interpretation), omit the definition of “cabl e programme”. 
Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 ( S.I. 1981/839 (N.I.20) ) 
32In Article 11(4) (interpretation), for sub-paragraphs (c) and  (d) substitute “or 
(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).” 
Magistrates' Courts (Northern Ireland) Order 1981 ( S.I. 1981/1675 (N.I.26) ) 
33(1)In Article 44 (reports of preliminary proceedings)— (a)in paragraphs (1) and (2), for “or published”, in each place  where those words occur, substitute “, 
published or included in a relevant programme”; and 
(b)after paragraph (5) insert— 
“(6)In this Article “relevant programme” means a programme incl uded in a programme service (within the 
meaning of the Broadcasting Act 1990) for reception in Northern  Ireland.” 
(2)In Article 90 (reports of domestic proceedings), for paragra ph (1) substitute— 
“(1)A person to whom this paragraph applies shall not— 
(a)print or publish, or cause or procure to be printed or publi shed, in a newspaper or periodical, or 
(b)include, or cause or procure to be included, in a programme included in a programme service (within the 
meaning of the Broadcasting Act 1990) for reception in Northern  Ireland, 
any particulars of any domestic proceedings other than such par ticulars as are mentioned in paragraph (1A) 
below. 
(1A)The particulars referred to in paragraph (1) above are— 
(a)the names, addresses and occupations of the parties and witn esses; 
(b)the grounds of the application, and a concise statement of t he charges, defences and counter-charges in 
support of which evidence has been given; 
(c)submissions on any point of law arising in the course of the  proceedings, and decisions of the court on 
the submissions; and 
(d)the decisions of the court, and any observations made by the  court in giving its decision. 
(1B)Paragraph (1) above applies— 
(a)in relation to sub-paragraph (a) of that paragraph, to the p roprietor, editor or publisher of the newspaper 
or periodical, and 
(b)in relation to sub-paragraph (b) of that paragraph, to any b ody corporate which provides the service in 
which the programme is included and to any person having functi ons in relation to the programme 
corresponding to those of an editor of a newspaper.” 
Insurance Companies Act 1982 (c. 50)  
34In section 72(6) (meaning of “advertisement” for the purposes  of insurance advertisements), for “or by 
inclusion in a cable programme service” substitute “or by inclu sion in any programme service (within the 
meaning of the Broadcasting Act 1990) other than a sound or tel evision broadcasting service”. 
Representation of the People Act 1983 (c. 2)  
35(1)Part II shall be amended as follows. (2)In section 75(1)(i) (election expenses in relation to public ations or broadcasts), for the words from “the 
Independent” onwards substitute “or by Sianel Pedwar Cymru or i n a programme included in any service 
licensed under Part I or III of the Broadcasting Act 1990;”. 
(3)In section 92 (broadcasting from outside United Kingdom), fo r subsection (1) substitute— 
“(1)No person shall, with intent to influence persons to give o r refrain from giving their votes at a 
parliamentary or local government election, include, or aid, ab et, counsel or procure the inclusion of, any 
matter relating to the election in any programme service (withi n the meaning of the Broadcasting Act 1990) 
provided from a place outside the United Kingdom otherwise than  in pursuance of arrangements made 
with— 
(a)the British Broadcasting Corporation; 
(b)Sianel Pedwar Cymru; or 
(c)the holder of any licence granted by the Independent Televis ion Commission or the Radio Authority, 
for the reception and re-transmission of that matter by that bo dy or the holder of that licence.” 
(4)In section 93 (broadcasting during elections)— 
(a)in subsection (1)(a), for “broadcast from a television or ot her wireless transmitting station in the United 
Kingdom” substitute— 
“(a)broadcast by the British Broadcasting Corporation or Sianel  Pedwar Cymru; or 
(b)included in any service licensed under Part I or III of the Broadcasting Act 1990”; 
and 
(b)omit subsection (3). 
(5)Without prejudice to the generality of section 20(2) of the [1978 c. 30.] Interpretation Act 1978, any 
reference in this paragraph to a provision of the Representatio n of the [1983 c. 2.] People Act 1983 
includes a reference to that provision as applied by any regula tions made under paragraph 2 of Schedule 1 
to the [1978 c. 10.] European Parliamentary Elections Act 1978.  
National Audit Act 1983 (c. 44)  
36In Part II of Schedule 4 (nationalised industries and other p ublic authorities liable to examination by 
Comptroller and Auditor General), for the entries relating to t he Independent Broadcasting Authority and 
the Welsh Fourth Channel Authority substitute— 
“Sianel Pedwar Cymru.” 
Value Added Tax Act 1983 (c. 55)  
37In section 20 (refund of value added tax in certain cases)— 
(a)in subsection (3), for paragraph (j) substitute— “(j)a nominated news provider, as defined by section 31(3) of t he Broadcasting Act 1990;”; and 
(b)after subsection (4) insert— 
“(4A)No tax shall be refunded under this section to a nominated  news provider which in the opinion of the 
Commissioners is attributable to activities other than the prov ision of news programmes for broadcasting by 
holders of regional Channel 3 licences (within the meaning of P art I of the Broadcasting Act 1990).” 
Telecommunications Act 1984 (c. 12)  
38(1)In section 6 (exceptions to prohibition on the running of unlicensed telecommunication systems)— 
(a)omit subsection (1) (exception for the running of a telecomm unication system by a broadcasting 
authority); 
(b)in subsection (2), for “such a system as is mentioned in sub section (1) above” substitute “a 
telecommunication system to which subsection (2A) below applies ”; and 
(c)after subsection (2) insert the following subsection— 
“(2A)This subsection applies to a telecommunication system in t he case of which every conveyance made 
by it is either— 
(a)a transmission, by wireless telegraphy, from a transmitting station for general reception of sounds, visual 
images or such signals as are mentioned in paragraph (c) of sec tion 4(1) above; or 
(b)a conveyance within a single set of premises of sounds, visu al images or such signals which are to be or 
have been so transmitted.” 
(2)In section 7 (power to license telecommunication systems)— 
(a)in subsection (10A), for “Cable Authority” substitute “Indep endent Television Commission”; and 
(b)in subsection (10B), for “licensable cable programme service ” substitute “local delivery service (within 
the meaning of Part II of the Broadcasting Act 1990)”. 
(3)In section 42(2) (fraudulent use of telecommunication system ), for “to which section 53 of the Cable and 
Broadcasting Act 1984 applies)” substitute “such as is mentione d in section 297(1) of the Copyright, 
Designs and Patents Act 1988)”. 
(4)In section 43(2) (improper use of public telecommunication s ystem), for “cable programme service” 
substitute “programme service (within the meaning of the Broadc asting Act 1990)”. 
(5)In section 49 (investigation of complaints by the Director G eneral of Telecommunications) omit 
subsection (2). 
Video Recordings Act 1984 (c. 39)  
39In section 3(8) (exempted supplies), for paragraphs (a) and ( b) substitute “a programme service (within 
the meaning of the Broadcasting Act 1990)”. Cinemas Act 1985 (c. 13)  
40In section 21(1) (interpretation), in the definition of “film  exhibition”, for paragraphs (a) and (b) substitute 
“programmes included in a programme service (within the meaning  of the Broadcasting Act 1990);”. 
Bankruptcy (Scotland) Act 1985 (c. 66)  
41In subsection (5) of section 70 (supplies by utilities), for the words from “services”, where it second 
occurs, onwards substitute “local delivery services within the meaning of Part II of the Broadcasting Act 
1990”. 
Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 ( S.I. 1985/1204 (N.I.11) ) 
42In Article 130(8) (definition of “advertisement” for the purp oses of restrictions on advertisements relating 
to gaming), after “television,” insert “or by inclusion in any programme service (within the meaning of the 
Broadcasting Act 1990) other than a sound or television broadca sting service,”. 
Insolvency Act 1986 (c. 45)  
43In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), 
for the words “services consisting” onwards, in each place wher e they occur, substitute “local delivery 
services within the meaning of Part II of the Broadcasting Act 1990.” 
Building Societies Act 1986 (c. 53)  
44In section 50(10) (powers to control advertising), in the def inition of “advertisement”, for the words from 
“whether” to “and references” substitute “whether— 
(a)documentary, 
(b)by way of sound broadcasting or television or by inclusion i n any programme service (within the meaning 
of the Broadcasting Act 1990) other than a sound or television broadcasting service, or 
(c)by any pictorial means not falling within paragraph (a) or ( b) above; 
and references”. 
Financial Services Act 1986 (c. 60)  
45(1)In section 207 (interpretation)— 
(a)in subsection (2), after “television” insert “or by inclusio n in any programme service (within the meaning 
of the Broadcasting Act 1990) other than a sound or television broadcasting service”; and 
(b)omit subsection (4). 
(2)In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes 
excluded from activities constituting investment business)— (a)in sub-paragraph (1), for the words from “or teletext” onwar ds substitute “included, or made for inclusion, 
in a programme service.”; and 
(b)for sub-paragraph (2) substitute— 
“(2)In this paragraph— 
(a)“programme”, in relation to a programme service, includes an  advertisement and any other item included 
in that service; and 
(b)“programme service” has the same meaning as in the Broadcast ing Act 1990.” 
Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/594 (N.I.3) ) 
46In Article 2(2) (interpretation), in the definition of “newsp aper”, for the words from “cable programme” 
onwards substitute “programme service (within the meaning of th e Broadcasting Act 1990) other than a 
sound or television broadcasting service;”. 
Criminal Justice Act 1987 (c. 38)  
47In section 11 (restrictions on reporting applications for dis missal and preparatory hearings)— 
(a)in subsection (1), for “broadcast or include in a cable prog ramme” substitute “include in a relevant 
programme for reception”; 
(b)in subsections (4), (8) and (12), for “, broadcast or includ ed in a cable programme” substitute “or 
included in a relevant programme”; 
(c)in subsections (5) and (7), for “, broadcast or include in a  cable programme” substitute “or include in a 
relevant programme”; 
(d)in subsection (10), for “broadcast or included in a cable pr ogramme” substitute “included in a relevant 
programme” and for “, broadcast or inclusion in a cable program me” substitute “or inclusion in a relevant 
programme”; 
(e)in subsection (12), for paragraphs (c) and (d) substitute— 
“(c)in the case of the inclusion of a report in a relevant prog ramme, any body corporate which is engaged in 
providing the service in which the programme is included and an y person having functions in relation to the 
programme corresponding to those of an editor of a newspaper,”;  and 
(f)in subsection (15), omit the definitions of “broadcast” and “cable programme” and after the definition of 
“publish” insert— 
““relevant programme” means a programme included in a programme  service (within the meaning of the 
Broadcasting Act 1990).” 
Consumer Protection Act 1987 (c. 43)  
48In section 24 (defences to offence of giving misleading price  indication)— (a)in subsection (2), for the words from “, film” to “service,”  substitute “or film or in a programme included in 
a programme service (within the meaning of the Broadcasting Act  1990),”; and 
(b)in subsection (6), omit the definition of “cable programme s ervice”. 
Consumer Protection (Northern Ireland) Order 1987 ( S.I.1987/2049 (N.I.20) ) 
49In Article 17 (defences to offence of giving misleading price  indication)— 
(a)in paragraph (2), for “film or radio or television broadcast  or in a programme included in a cable 
programme service,” substitute “or film or in a programme inclu ded in a programme service (within the 
meaning of the Broadcasting Act 1990),”; and 
(b)in paragraph (6), omit the definition of “cable programme se rvice”. 
Copyright, Designs and Patents Act 1988 (c. 48)  
50(1)In section 69 (recording for purposes of supervision and c ontrol of broadcasts etc.), for subsections 
(2) and (3) substitute— 
“(2)Copyright is not infringed by anything done in pursuance of — 
(a)section 11(1), 95(1), 145(4), (5) or (7), 155(3) or 167(1) o f the Broadcasting Act 1990; 
(b)a condition which, by virtue of section 11(2) or 95(2) of th at Act, is included in a licence granted under 
Part I or III of that Act; or 
(c)a direction given under section 109(2) of that Act (power of  Radio Authority to require production of 
recordings etc.). 
(3)Copyright is not infringed by— 
(a)the use by the Independent Television Commission or the Radi o Authority, in connection with the 
performance of any of their functions under the Broadcasting Ac t 1990, of any recording, script or transcript 
which is provided to them under or by virtue of any provision o f that Act; or 
(b)the use by the Broadcasting Complaints Commission or the Bro adcasting Standards Council, in 
connection with any complaint made to them under that Act, of a ny recording or transcript requested or 
required to be provided to them, and so provided, under section  145(4) or (7) or section 155(3) of that Act.” 
(2)In paragraph 17 of Schedule 2 (rights in performances: recor dings for purposes of supervision and 
control of broadcasts etc.), for sub-paragraphs (2) to (4) subs titute— 
“(2)The rights conferred by Part II are not infringed by anythi ng done in pursuance of— 
(a)section 11(1), 95(1), 145(4), (5) or (7), 155(3) or 167(1) o f the Broadcasting Act 1990; 
(b)a condition which, by virtue of section 11(2) or 95(2) of th at Act, is included in a licence granted under 
Part I or III of that Act; or (c)a direction given under section 109(2) of that Act (power of  Radio Authority to require production of 
recordings etc.). 
(3)The rights conferred by Part II are not infringed by— 
(a)the use by the Independent Television Commission or the Radi o Authority, in connection with the 
performance of any of their functions under the Broadcasting Ac t 1990, of any recording, script or transcript 
which is provided to them under or by virtue of any provision o f that Act; or 
(b)the use by the Broadcasting Complaints Commission or the Bro adcasting Standards Council, in 
connection with any complaint made to them under that Act, of a ny recording or transcript requested or 
required to be provided to them, and so provided, under section  145(4) or (7) or section 155(3) of that Act.” 
Control of Misleading Advertisements Regulations 1988 ( S.I. 1988/915 ) 
51(1)In regulation 2(1) (interpretation)— 
(a)omit the definitions of “broadcast advertisement”, “Cable Au thority”, “IBA” and “licensable service”; 
(b)before the definition of “court” insert— 
““the Commission” means the Independent Television Commission”;  
(c)for the definition of “licensed service” insert— 
““licensed service” means— 
(a)in relation to a complaint made to the Commission, a service  in respect of which the Commission have 
granted a licence under Part I or II of the Broadcasting Act 19 90; and 
(b)in relation to a complaint made to the Radio Authority, a se rvice in respect of which the Radio Authority 
have granted a licence under Part III of that Act; 
and “licensed local delivery service” means a service in respec t of which 
the Commission have granted a licence under Part II of that Act ;”; and 
(d)after the definition of “publication” insert— 
““relevant body” means the Commission or the Radio Authority; 
“on S4C” has the same meaning as in Part I of the Broadcasting Act 1990; 
“the Welsh Authority” has the same meaning as in that Act;”. 
(2)In regulation 4(2) (exceptions to complaints to be considere d by Director General of Fair Trading), for 
“the IBA or the Cable Authority” substitute “the Commission, th e Radio Authority or the Welsh Authority”. 
(3)For regulations 8 to 11 substitute— 
“COMPLAINTS TO THE COMMISSION AND THE RADIO AUTHORITY  8(1)Subject to paragraph (2) below, it shall be the duty of a r elevant body to consider any complaint made 
to it that any advertisement included or proposed to be include d in a licensed service is misleading, unless 
the complaint appears to the body to be frivolous or vexatious.  
(2)The Commission shall not consider any complaint about an adv ertisement included or proposed to be 
included in a licensed local delivery service by the reception and immediate re-transmission of broadcasts 
made by the British Broadcasting Corporation. 
(3)A relevant body shall give reasons for its decisions. 
(4)In exercising the powers conferred on it by these Regulation s a relevant body shall have regard to all the 
interests involved and in particular the public interest. 
CONTROL BY THE COMMISSION AND THE RADIO AUTHORITY OF MISLEADING ADVERTISEMENTS  
9(1)If, having considered a complaint about an advertisement pu rsuant to regulation 8(1) above, it 
considers that the advertisement is misleading, a relevant body  may, if it thinks it appropriate to do so, 
exercise in relation to the advertisement the power conferred o n it— 
(a)where the relevant body is the Commission, by section 9(6) o f the Broadcasting Act 1990 (power of 
Commission to give directions about advertisements), or 
(b)where the relevant body is the Radio Authority, by section 9 3(6) of that Act (power of Radio Authority to 
give directions about advertisements). 
(2)A relevant body may require any person appearing to it to be  responsible for an advertisement which the 
body believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in 
the advertisement. In deciding whether or not to make such a re quirement the body shall have regard to 
the legitimate interests of any person who would be the subject  of or affected by the requirement. 
(3)If such evidence is not furnished to it following a requirem ent made by it under paragraph (2) above or if 
it considers such evidence inadequate, a relevant body may cons ider the factual claim inaccurate. 
COMPLAINTS TO THE WELSH AUTHORITY  
10(1)Subject to paragraph (2) below, it shall be the duty of th e Welsh Authority to consider any complaint 
made to them that any advertisement broadcast or proposed to be  broadcast on S4C is misleading, unless 
the complaint appears to the Authority to be frivolous or vexat ious. 
(2)The Welsh Authority shall not consider any complaint about a n advertisement broadcast or proposed to 
be broadcast on S4C by the reception and immediate re-transmiss ion of broadcasts made by the British 
Broadcasting Corporation. 
(3)The Welsh Authority shall give reasons for their decisions. 
(4)In exercising the powers conferred on them by these Regulati ons the Welsh Authority shall have regard 
to all the interests involved and in particular the public inte rest. 
CONTROL BY THE WELSH AUTHORITY OF MISLEADING ADVERTISEMENTS  11(1)If, having considered a complaint about an advertisement p ursuant to regulation 10(1) above, they 
consider that the advertisement is misleading, the Welsh Author ity may, if they think it appropriate to do so, 
refuse to broadcast the advertisement. 
(2)The Welsh Authority may require any person appearing to them  to be responsible for an advertisement 
which the Authority believe may be misleading to furnish them w ith evidence as to the accuracy of any 
factual claim made in the advertisement. In deciding whether or  not to make such a requirement the 
Authority shall have regard to the legitimate interests of any person who would be the subject of or affected 
by the requirement. 
(3)If such evidence is not furnished to them following a requir ement made by them under paragraph (2) 
above or if they consider such evidence inadequate, the Welsh A uthority may consider the factual claim 
inaccurate.” 
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ( S.I.1988/1846 (N.I.16) ) 
52In Article 10 (restrictions on reporting applications for dis missal and preparatory hearings)— 
(a)in paragraph (1), for “broadcast or include in a cable progr amme” substitute “include in a relevant 
programme for reception”; 
(b)in paragraphs (5), (9) and (13), for “, broadcast or include d in a cable programme” substitute “or included 
in a relevant programme”; 
(c)in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “or include in a 
relevant programme”; 
(d)in paragraph (12), for “broadcast or included in a cable pro gramme” substitute “included in a relevant 
programme” and for “, broadcast or inclusion in a cable program me” substitute “or inclusion in a relevant 
programme”; 
(e)in paragraph (13), for sub-paragraphs (c) and (d) substitute — 
“(c)in the case of the inclusion of a report in a relevant prog ramme, any body corporate which is engaged in 
providing the service in which the programme is included and an y person having functions in relation to the 
programme corresponding to those of an editor of a newspaper,”;  and 
(f)in paragraph (16), omit the definitions of “broadcast” and “ cable programme” and after the definition of 
“publish” insert— 
““relevant programme” means a programme included in a programme  service (within the meaning of the 
Broadcasting Act 1990).” 
Children Act 1989 (c. 41)  
53In section 97(5) (privacy for children involved in certain pr oceedings), for paragraph (a) of the definition 
of “publish” substitute— “(a)include in a programme service (within the meaning of the B roadcasting Act 1990);”. 
Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19) ) 
54In Articles 197(3) and 343(4) (supplies of water, electricity  and telecommunication services), for the 
words from “services consisting” onwards, in each place where t hey occur, substitute “local delivery 
services within the meaning of Part II of the Broadcasting Act 1990.” 
Section 203(3). 
SCHEDULE 21R EPEALS  
Chapter Short title Extent of repeal 
1933 c. 12 . Children and Young Persons Act 
1933. In section 28(2)(a), the words “a cable programme studio”. 
1937 c. 37 . Children and Young Persons 
(Scotland) Act 1937. In section 36(2)(a), the words “a cable programme studio”. 
1949 c. 54 . Wireless Telegraphy Act 1949. Section 14(1B)(a). 
In section 15, in subsection (1) the words “and named in the wa rrant”, 
and in subsection (2) the words “and named in the authorisation ”. 
1952 c. 66 . Defamation Act 1952. Section 1. 
1955 c. 7 . Wireless Telegraphy (Blind 
Persons) Act 1955. The whole Act. 
1955 c. 11 (N.I.) . Defamation Act (Northern Ireland) 
1955. Section 1. 
1959 c. 66 . Obscene Publications Act 1959. In section 1, the proviso to subsection (3). 
1967 c. 72 . Wireless Telegraphy Act 1967. Section 3(2). 
Section 5(2). 
1968 c. 34 (N.I.) . Children and Young Persons Act 
(Northern Ireland) 1968. In section 45(2)(a), the words “a cable programme studio”. 
1973 c. 41 . Fair Trading Act 1973. In Schedule 7, in Part I, paragraphs 8 and 9. 
1975 c. 24 . House of Commons Disqualification 
Act 1975. In Schedule 1, in Part II, the entries relating to the Cable Au thority, the 
Independent Broad- casting Authority and the Welsh Fourth Chann el 
Authority. 
1975 c. 25 . Northern Ireland Assembly 
Disqualification Act 1975. In Schedule 1, in Part II, the entries relating to the Cable Au thority and 
the Independent Broad- casting Authority. 
1975 c. 68 . Industry Act 1975. Section 9(9A). 
1975 c. 70 . Welsh Development Agency Act 
1975. Section 19(9A). 
1976 c. 82 . Sexual Offences (Amendment) Act 
1976. In section 4(6), the definitions of “a broadcast” and “cable pr ogramme”. 
S.I. 1978/460 
(N.I.5) . Sexual Offences (Northern Ireland) 
Order 1978. In Article 6(6), the definitions of “a broadcast” and “cable pr ogramme”. Chapter Short title Extent of repeal 
1980 c. 43 . Magistrates Courts Act 1980. In section 8(10), the definitions of “broadcast” and “cable pro gramme”. 
1980 c. 65 . Local Government, Planning and 
Land Act 1980. In Schedule 16, paragraph 16. 
1981 c. 49 . Contempt of Court Act 1981. In section 19, the definition of “cable programme”. 
1981 c. 68 . Broadcasting Act 1981. The whole Act. 
1982 c. 39 . Finance Act 1982. Section 144(3). 
1982 c. 45 . Civic Government (Scot- land) Act 
1982. In section 51, subsection (6)(a) and, in subsection (8), in the  definition of 
“material” the words from “and” onwards, and the word “showing, ”. 
1983 c. 2 . Representation of the People Act 
1983. Section 93(3). 
1984 c. 12 . Telecommunications Act 1984. Section 6(1). 
Section 49(2). 
In section 79(2), the words “or them”. 
In Schedule 4, paragraph 81. 
In Schedule 5, paragraphs 8(1) and (3) and 30. 
1984 c. 46 . Cable and Broadcasting Act 1984. The whole Act. 
1985 c. 9 . Companies Consolidation 
(Consequential Provisions) Act 
1985. In Schedule 2, the entries relating to the Broadcasting Act 198 1. 
1986 c. 41 . Finance Act 1986. Section 111. 
Schedule 22. 
1986 c. 60 . Financial Services Act 1986. Section 207(4). 
1986 c. 64 . Public Order Act 1986. In section 22, in subsection (2) the words “broad- casting or c able”, in 
subsections (4)(b) and (5)(b) the words “broad- cast or”, where ver occur 
ring, and subsections (7) and (8). 
Section 23(4). 
In section 29, the definitions of “broadcast” and “cable progra mme 
service”. 
In Schedule 2, paragraphs 5 and 6. 
1987 c. 10 . Broadcasting Act 1987. The whole Act. 
1987 c. 38 . Criminal Justice Act 1987. In section 11(15), the definitions of “broadcast” and “cable pr ogramme”. 
1987 c. 43 . Consumer Protection Act 1987. In section 24(6), the definition of “cable programme service”. 
S.I.1987/463 
(N.I.7) . Public Order (Northern Ireland) 
Order 1987. In Article 12, in paragraph (2)(a) the words “broad- casting or  cable”, in 
paragraphs (4)(b) and (5)(b) the words “broadcast or”, wherever  
occurring, and paragraphs (7) and (8). 
Article 13(4). Chapter Short title Extent of repeal 
In Article 17, the defini- tions of “broadcast” and “cable prog ramme 
service”. 
S.I.1987/2049 
(N.I.20) . Consumer Protection (Northern 
Ireland) Order 1987. In Article 17(6), the definition of “cable programme service”. 
1988 c. 40 . Education Reform Act 1988. In Schedule 12, paragraph 49. 
1988 c. 48 . Copyright, Designs and Patents Act 
1988. In section 73, subsection (2)(a) and the word “or” immediately following 
it, and subsection (3)(a) and the word “or” immediately followi ng it. 
Section 134(4). 
Section 299(2). 
In Schedule 2, paragraph 19(2)(a) and the word “or” immediately  
following it. 
In Schedule 7, paragraphs 29 and 30. 
S.I.1988/915 . Control of Misleading 
Advertisements Regulations 1988. In regulation 2(1), the definitions of “broadcast advertisement ”, “Cable 
Authority”, “IBA” and “licensable service”. 
S.I.1988/1846 
(N.I.16) . Criminal Justice (Serious Fraud) 
(Northern Ireland) Order 1988. In Article 10(16), the definitions of “broadcast” and “cable pr ogramme”. 
1989 c. 26 . Finance Act 1989. Section 181. 
Schedule 16. 
Section 203(4). 
SCHEDULE 22T RANSITIONAL PROVISIONS AND SAVINGS  
Preservation of appointments of existing members of the Welsh Authority, the BCC and the BSC  
1(1)Where, immediately before the date when the relevant sectio n of this Act comes into force, any person 
holds office as chairman, deputy chairman or other member of th e Welsh Authority, the BCC or the BSC, 
he shall continue to hold office as from that date as if he had  been appointed under that section. 
(2)Except in so far as the Secretary of State may otherwise det ermine, any such person shall hold office as 
from that date in accordance with the terms of his original app ointment. 
(3)In this paragraph “the relevant section of this Act” means— 
(a)in relation to the Welsh Authority, section 56; 
(b)in relation to the BCC, section 142; and 
(c)in relation to the BSC, section 151. 
(4)In this paragraph and in paragraph 2 “the BCC” means the Bro adcasting Complaints Commission and 
“the BSC” means the Broadcasting Standards Council. 
Power to make provision with respect to complaints to the BCC or BSC  2(1)The Secretary of State may by order make such transitional provision as he considers appropriate in 
connection with— 
(a)the making, on or after the transfer date, of complaints to the BCC concerning programmes broadcast by 
the IBA before that date and the performance by the BCC, on or after that date, of functions in connection 
with complaints made to them about such programmes (whether so made before that date or by virtue of 
this paragraph), and 
(b)the making, on or after the relevant date, of complaints to the BCC or the BSC concerning programmes 
broadcast in accordance with Schedule 11 and the performance by  the BCC and the BSC respectively, on 
or after that date, of functions in connection with complaints made to them about such programmes 
(whether so made before that date or by virtue of this paragrap h); 
and (subject to sub-paragraph (4)) references in this sub-parag raph to the performance of functions are, in 
relation to the BCC, references to the performance of functions  under Part V of this Act and, in relation to the 
BSC, are references to the performance of functions under Part VI of this Act. 
(2)Without prejudice to the generality of sub-paragraph (1), an  order under that sub-paragraph may provide 
that, in relation to complaints falling within that sub-paragra ph, the BCC or (as the case may be) the BSC 
may give directions in pursuance of section 146 or (as the case  may be) 156 of this Act to persons other 
than those referred to in section 146(1) or 156(1). 
(3)Without prejudice to the generality of section 200(2)(b) of this Act, an order under sub-paragraph (1) 
may make— 
(a)such transitional modifications of any provision of this Act , and 
(b)such modifications of and savings in any other statutory pro vision, 
as the Secretary of State considers appropriate. 
(4)In this paragraph— 
(a)“the relevant date” means— 
(i)in the case of a complaint concerning a television programme , the day after the end of the interim period 
within the meaning of Schedule 11, and 
(ii)in the case of a complaint concerning a sound programme, th e day after the end of the period during 
which the local sound broadcasting service in which it was broa dcast was provided in accordance with 
Schedule 11, 
(b)“the transfer date” means the day appointed under section 12 7(1) of this Act, 
(c)“statutory provision” means any provision of an enactment or  of an instrument having effect under an 
enactment, 
(d)“the IBA” means the Independent Broadcasting Authority, and (e)references to programmes include references to teletext tran smissions, 
and in connection with complaints to the BCC concerning program mes broadcast by the IBA before the 
transfer date, a reference to Part V of this Act or to any prov ision of that Part includes a reference to Part III 
of the [1981 c. 68.] Broadcasting Act 1981 or (as the case may be) to any corresponding provision of that 
Part of that Act. 
Power to make provision with respect to complaints under the Control of Misleading Advertisements 
Regulations 1988  
3(1)The Secretary of State may by order make such transitional provision as he considers appropriate in 
connection with— 
(a)the making, on or after the transfer date, of complaints to the relevant authority concerning 
advertisements included before that date in any programme or te letext transmission broadcast by the IBA 
or in any licensed service; and 
(b)the performance by each of the relevant authorities, on or a fter that date, of functions under the [S.I. 
1988/915.] Control of Misleading Advertisements Regulations 198 8 in relation to complaints concerning 
such advertisements (whether made before that date or by virtue  of paragraph (a)). 
(2)In sub-paragraph (1) “the relevant authority”— 
(a)in relation to an advertisement included in— 
(i)a television programme, other than one broadcast on the Four th Channel in Wales, 
(ii)a teletext transmission, or 
(iii)a licensed service, 
means the Independent Television Commission; 
(b)in relation to an advertisement included in a television pro gramme broadcast on the Fourth Channel in 
Wales, means the Welsh Authority; and 
(c)in relation to an advertisement included in a sound programm e, means the Radio Authority. 
(3)In this paragraph— 
(a)“the transfer date” means the day appointed under section 12 7(1) of this Act, 
(b)“the Fourth Channel in Wales” has the same meaning as in Par t II of the Broadcasting Act 1981, and 
(c)“the IBA” means the Independent Broadcasting Authority; 
and expressions used in this paragraph which are also used in t he Control of Misleading Advertisements 
Regulations 1988 (as they have effect without the amendments ma de by paragraph 51 of Schedule 20 to 
this Act) have the same meaning as in those Regulations. 
Saving of amendments made by Cable and Broadcasting Act 1984  4The amendments made by paragraphs 12, 24, 32 and 45 of Schedul e 5 to the [1984 c. 46.] Cable and 
Broadcasting Act 1984 shall not be affected by the repeals made  by this Act but shall continue to have 
effect, subject to any amendments made by Schedule 20 to this A ct. 
Transitional modification of amendments made by this Act  
5(1)Any provision to which this sub-paragraph applies— 
(a)shall have effect in relation to the programme contractor or  teletext contractor under a contract which 
continues in force by virtue of Part II of Schedule 11 to this Act, or in relation to any such contract, as it has 
effect in relation to the holder of a licence granted under Par t I of this Act or in relation to any such licence; 
(b)shall have effect in relation to the programme contractor un der a contract which continues in force by 
virtue of Part IV of Schedule 11, or in relation to any such co ntract, as it has effect in relation to the holder 
of a licence granted under Part III of this Act or in relation to any such licence; and 
(c)shall have effect in relation to any broadcasting service pr ovided by the Independent Television 
Commission or the Radio Authority in accordance with Schedule 1 1 as it has effect in relation to any 
service provided under a licence granted under Part I or Part I II of this Act. 
(2)Sub-paragraph (1) applies to the following provisions (as am ended by this Act), namely— 
(a)section 9 of the [1975 c. 68.] Industry Act 1975; 
(b)section 19 of the [1975 c. 70.] Welsh Development Agency Act  1975; 
(c)sections 75(1) and 93(1) of the Representation of the [1983 c. 2.] People Act 1983; and 
(d)regulation 8(1) of the [S.I. 1988/915.] Control of Misleadin g Advertisements Regulations 1988. 
(3)Where regulation 8(1) of the Control of Misleading Advertise ments Regulations 1988 has effect in 
relation to any complaint in accordance with sub-paragraphs (1)  and (2) above, regulation 9(1) of those 
Regulations shall have effect in relation to the complaint as i f for the words from “exercise” onwards there 
were substituted “refuse to broadcast the advertisement”. 
6Section 92(1) of the Representation of the People Act 1983 (as  amended by this Act), shall have effect as 
if— 
(a)the reference to the holder of a licence granted by the Inde pendent Television Commission or the Radio 
Authority included a reference to the holder of a relevant lice nce within the meaning of Part III of Schedule 
12 to this Act; and 
(b)there were added at the end “or in pursuance of arrangements  made with— 
(i)the Independent Television Commission or the Radio Authority , or 
(ii)any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to 
the Broadcasting Act 1990, for the matter to be received by that body or contractor and re -
transmitted by that body in the provision of any broadcasting s ervice in 
accordance with the said Schedule 11.” 
7Regulation 8(1) and (2) of the Control of Misleading Advertise ments Regulations 1988 (as amended by 
this Act) shall apply to any service provided under a relevant licence within the meaning of Part III of 
Schedule 12 to this Act as they apply to a service licensed und er Part II of this Act.