Broadcasting Act 1996
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Change 1
SCHEDULE 10 Minor and consequential amendments
Section 148(1). Part I Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 13 of the 1990 Act (prohibition on providing television services without a licence), in subsection (1)— (a) for “or (b)” there is substituted “ ,(b), (c) or (d) ”, and (b) after “this Part” there is inserted “ or Part I of the Broadcasting Act 1996 ”. 7 In section 97 of the 1990 Act (prohibition on providing independent radio services without a licence), in subsection (1)— (a) after “independent radio service” there is inserted “ or any service falling within section 84(1)(d), (e) or (f) ”, and (b) after “this Part” there is inserted “ or Part II of the Broadcasting Act 1996 ”. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 126 of the 1990 Act (interpretation of Part III), at the end of the definition of “sound broadcasting service” there is inserted “ but does not include a radio multiplex service (as defined by section 40(1) of the Broadcasting Act 1996) ”. 10 In section 176 of the 1990 Act (duty to provide advance information about programmes), in subsection (7), in the first column of the table— (a) after “Welsh Authority” there is inserted “ and the service referred to in section 57(1A)(a) ”, and (b) after “Radio Authority” there is inserted “ , any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by the Radio Authority ”. Part II Other amendments of Broadcasting Act 1990 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 In section 71 of the 1990 Act (interpretation of Part I), after the definition of “regional Channel 3 service” there is inserted— “restricted service” has the meaning given by section 42A; . 21 In section 202(1) of the 1990 Act (interpretation)— (a) after the definition of “broadcast” there is inserted— “a Channel 4 company” means— any body corporate which is controlled by the Channel Four Television Corporation, or any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2); (b) in the definition of “connected”, for “licence” there is substituted “ person ”, and (c) after the definition of “programme” there is inserted— “an S4C company” means— any body corporate which is controlled by the Welsh Authority, or any body corporate in which the Welsh Authority or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2); . 26 In Schedule 19 to the 1990 Act (the Gaelic Broadcasting Committee: supplementary provisions)— (a) in paragraph 8— (i) for “Gaelic Television Fund” there is substituted “ Gaelic Broadcasting Fund ”; and (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Amendments of other enactments The Welsh Development Agency Act 1975 (c. 70) 27 In section 19 of the Welsh Development Agency Act 1975 (the Agency and the media), in subsection (11)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the definition of “relevant licence” for “(as the case may be) Part III of that Act” there is substituted “ III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996. ” The Representation of the People Act 1983 (c. 2) 28 In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1)(i), after “Broadcasting Act 1990” there is inserted “ or Part I or II of the Broadcasting Act 1996 ”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Without prejudice to the generality of section 20(2) of the Interpretation Act 1978, any reference in paragraph 28 . . . to a provision of the Representation of the People Act 1983 includes a reference to that provision as applied by any regulations made under section 7 of the European Parliamentary Elections Act 2002. The Copyright, Designs and Patents Act 1988 (c. 48) 31 In section 69 of the Copyright, Designs and Patents Act 1988 (recording for purposes of supervision and control of broadcasts and cable programmes), for subsections (2) and (3) there is substituted— (2) Copyright is not infringed by anything done in pursuance of— (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 115(4) or (6), 116(5) or 117 of the Broadcasting Act 1996; (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or (c) a direction given under section 109(2) of the Broadcasting Act 1990 (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 Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 115(4) or (6) or 116(5) of that Act. 32 In Schedule 2 to the Copyright, Designs and Patents Act 1988 (rights in performances: permitted acts), in paragraph 17, for sub-paragraphs (2) and (3) there is substituted— (2) The rights conferred by Part II are not infringed by anything done in pursuance of— (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 115(4) or (6), 116(5) or 117 of the Broadcasting Act 1996; (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or (c) a direction given under section 109(2) of the Broadcasting Act 1990 (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 Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 115(4) or (6) or 116(5) of that Act.
SCHEDULE 10 Minor and consequential amendments
Section 148(1). Part I Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 13 of the 1990 Act (prohibition on providing television services without a licence), in subsection (1)— (a) for “or (b)” there is substituted “ ,(b), (c) or (d) ”, and (b) after “this Part” there is inserted “ or Part I of the Broadcasting Act 1996 ”. 7 In section 97 of the 1990 Act (prohibition on providing independent radio services without a licence), in subsection (1)— (a) after “independent radio service” there is inserted “ or any service falling within section 84(1)(d), (e) or (f) ”, and (b) after “this Part” there is inserted “ or Part II of the Broadcasting Act 1996 ”. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 126 of the 1990 Act (interpretation of Part III), at the end of the definition of “sound broadcasting service” there is inserted “ but does not include a radio multiplex service (as defined by section 40(1) of the Broadcasting Act 1996) ”. 10 In section 176 of the 1990 Act (duty to provide advance information about programmes), in subsection (7), in the first column of the table— (a) after “Welsh Authority” there is inserted “ and the service referred to in section 57(1A)(a) ”, and (b) after “Radio Authority” there is inserted “ , any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by the Radio Authority ”. Part II Other amendments of Broadcasting Act 1990 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 In section 71 of the 1990 Act (interpretation of Part I), after the definition of “regional Channel 3 service” there is inserted— “restricted service” has the meaning given by section 42A; . 21 In section 202(1) of the 1990 Act (interpretation)— (a) after the definition of “broadcast” there is inserted— “a Channel 4 company” means— any body corporate which is controlled by the Channel Four Television Corporation, or any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2); (b) in the definition of “connected”, for “licence” there is substituted “ person ”, and (c) after the definition of “programme” there is inserted— “an S4C company” means— any body corporate which is controlled by the Welsh Authority, or any body corporate in which the Welsh Authority or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2); . 26 In Schedule 19 to the 1990 Act (the Gaelic Broadcasting Committee: supplementary provisions)— (a) in paragraph 8— (i) for “Gaelic Television Fund” there is substituted “ Gaelic Broadcasting Fund ”; and (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Amendments of other enactments The Welsh Development Agency Act 1975 (c. 70) 27 In section 19 of the Welsh Development Agency Act 1975 (the Agency and the media), in subsection (11)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the definition of “relevant licence” for “(as the case may be) Part III of that Act” there is substituted “ III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996. ” The Representation of the People Act 1983 (c. 2) 28 In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1)(i), after “Broadcasting Act 1990” there is inserted “ or Part I or II of the Broadcasting Act 1996 ”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Without prejudice to the generality of section 20(2) of the Interpretation Act 1978, any reference in paragraph 28 . . . to a provision of the Representation of the People Act 1983 includes a reference to that provision as applied by any regulations made under section 7 of the European Parliamentary Elections Act 2002. The Copyright, Designs and Patents Act 1988 (c. 48) 31 In section 69 of the Copyright, Designs and Patents Act 1988 (recording for purposes of supervision and control of broadcasts and cable programmes), for subsections (2) and (3) there is substituted— (2) Copyright is not infringed by anything done in pursuance of— (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 115(4) or (6), 116(5) or 117 of the Broadcasting Act 1996; (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or (c) a direction given under section 109(2) of the Broadcasting Act 1990 (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 Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 115(4) or (6) or 116(5) of that Act. 32 In Schedule 2 to the Copyright, Designs and Patents Act 1988 (rights in performances: permitted acts), in paragraph 17, for sub-paragraphs (2) and (3) there is substituted— (2) The rights conferred by Part II are not infringed by anything done in pursuance of— (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 115(4) or (6), 116(5) or 117 of the Broadcasting Act 1996; (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or (c) a direction given under section 109(2) of the Broadcasting Act 1990 (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 Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 115(4) or (6) or 116(5) of that Act.
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