Broadcasting Act 1996

• (a) his acquisition of the relevant interest shall be treated for the purposes of Part 4 of the Capital Allowances Act as a balancing event within subsection (2)(a) of section 381 (regardless of the lack of any election); and

• (b) section 376(2) shall apply as if—

• (i) the value to be assigned to RQE (residue of qualifying expenditure immediately after event) were the prescribed amount; and

• (ii) the value to be assigned to B (remaining writing-down period) were such as the Secretary of state may by order specify.

• (3) This paragraph shall not have effect in relation to any property if paragraph 12(3) has effect in relation to it.

Corporation tax: BBC and successor company to be treated as one for certain purposes

18

• (1) If any property, rights or liabilities are transferred to a successor company in accordance with a preparatory scheme, then, subject to sub-paragraph (2), the following provisions shall apply for the purposes of the Corporation Tax Acts in their application in respect of any accounting period ending on or after the date on which the transfer takes effect, namely—

• (a) any trade or part of a trade carried on by the BBC which is transferred in accordance with the preparatory scheme to the successor company shall be treated as having been, at the time of its commencement and at all times since that time, a separate trade carried on by that company;

• (b) the trade or trades carried on by the successor company on and after the date on which the transfer takes effect shall be treated as the same trade or trades as that which, by virtue of paragraph (a), is treated as carried on before that date;

• (c) all property, rights and liabilities of the BBC which are transferred in accordance with the scheme to the successor company shall be treated as having been, at the time when they became vested in the BBC and at all times since that time, property, rights and liabilities of that company; and

• (d) anything done by the BBC in relation to property, rights and liabilities which are transferred to the successor company in accordance with the preparatory scheme shall be treated as having been done by that company.

• (2) Sub-paragraph (1) shall not apply for the purposes of—

• (a) corporation tax on chargeable gains,

• (b) capital allowances, or

• (c) relief for losses incurred in carrying on a trade,

and no provision included in a scheme by virtue of paragraph 4(2)(a) of Schedule 5 shall have effect for those purposes.

Corporation tax: no profit or loss under Part 3 of the Corporation Tax Act 2009 by reason of a direct disposal transfer

19

In determining for the purposes of Part 3 of the Corporation Tax Act 2009 the profits or losses of a trade or part of a trade carried on by the BBC wholly or partly in the United Kingdom, it is to be assumed that no profits or losses arise to the BBC by reason of a direct disposal transfer of—

• (a) any trading stock, within the meaning of section 163 of the Corporation Tax Act 2009, belonging to a trade carried on by the BBC;

• (b) any right of the BBC to receive an amount which is for the purposes of corporation tax—

• (i) an amount brought into account as a trading receipt of the BBC for any accounting period ending before the time when the transfer takes effect; or

• (ii) an amount falling to be so brought into account if it is assumed, where it is not the case, that the accounting period of the BBC current on the day before the transfer takes effect ends immediately before that time; or

• (c) the whole or any part of the amount of a liability which falls for the purposes of corporation tax—

• (i) to be brought into account as deductible in computing the profits of any trade carried on by the BBC for any accounting period ending before the time when the transfer takes effect; or

• (ii) to be so brought into account if it is assumed, where it is not the case, that the accounting period of the BBC current on the day before the transfer takes effect ends immediately before that time.

Corporation tax: group relief

20

• (1) None of the following, namely—

• (a) the existence of the powers of any Minister of the Crown or the BBC under Part VI of this Act or under the documents regulating the BBC,

• (b) any direction given by a Minister of the Crown under that Part or those documents, so far as that direction relates to a transfer scheme or (in a case where there is a preparatory scheme) to the sale of shares or securities issued by the successor company, or

• (c) any arrangements (of any kind, whether in writing or not) so far as relating to a transfer scheme or any such sale,

shall be regarded as constituting arrangements falling within section 154(3) or 155(3) of the Corporation Tax Act 2010 .

• (2) Neither—

• (a) the existence of the powers of any Minister of the Crown or the BBC under Part VI of this Act or under the documents regulating the BBC, nor

• (b) any direction given as mentioned in sub-paragraph (1)(b),

shall be regarded as constituting option arrangements within the meaning given by section 173 of the Corporation Tax Act 2010 .

• (3) Any reference in sub-paragraph (1) or (2) to the documents regulating the BBC is a reference to those documents only so far as they have effect in relation to a disposal by the BBC of—

• (a) the whole or any part of the BBC transmission network, or

• (b) any shares or securities of a successor company,

or the initiating, advancing or facilitating of any such disposal.

• (4) In this paragraph “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Corporation tax: leases at an undervalue

21

• (1) Section 222 of the Corporation Tax Act 2009 (lease granted at an undervalue) shall not apply in the case of any lease which, in accordance with a transfer scheme, is granted—

• (a) to a company which is a transferee under that or any other transfer scheme, or

• (b) by such a company to the BBC.

• (2) Sections 62 to 67 of the Corporation Tax Act 2009 (tenants occupying land for purposes of trade treated as incurring expenses) shall not apply where there is an amount which would have become chargeable in relation to any land but for sub-paragraph (1); and, accordingly, references to any such amount shall not be included in references in those sections to the taxed receipt .

• (3) In this paragraph “lease” has the same meaning as in Part 4 of the Corporation Tax Act 2009 (see section 291 of that Act) .

Corporation tax: sale and lease-back

22

• (1) Sections 838 and 839 of the Corporation Tax Act 2010 (sale and lease-back: limitation on tax reliefs) , and sections 681AD and 681AE of the Income Tax Act 2007 (which make corresponding provision), shall not apply where the liability of the transferor or of the person associated with that transferor is as a result of—

• (a) the creation, in accordance with a transfer scheme, of any interest or right in favour of a transferee or the BBC;

• (b) any other transaction for which a transfer scheme provides; or

• (c) the grant by a company which is a transferee under a transfer scheme (“the relevant company”) to the BBC or to another company which is a transferee (whether under that or any other transfer scheme) of any interest or right, at a time when the relevant company remains a wholly-owned subsidiary of the BBC, in a case where the ability of the relevant company to grant that interest or right derives from the transfer to the company in accordance with a transfer scheme of an estate or interest in land.

• (2) In this paragraph “transferor” has the same meaning as in section 835 or 836 of the Corporation Tax Act 2010 or section 681AA or 681AB of the Income Tax Act 2007 and “associated” shall be construed in accordance with section 847 of the Corporation Tax Act 2010 or section 681AM of the Income Tax Act 2007.

Corporation tax: sale of lease of land

23

• (1) Chapter 2 of Part 19 of the Corporation Tax Act 2010 (sale and lease-back: taxation of consideration) , and Chapter 2 of Part 12A of the Income Tax Act 2007 (which makes corresponding provision), shall not apply where—

• (a) the assignment of the original lease, and

• (b) the grant or assignment of the new lease,

each fall within sub-paragraph (2).

• (2) The assignment of the original lease, or the grant or assignment of the new lease, falls within this sub-paragraph if—

• (a) it is a relevant transfer; or

• (b) it takes place between the BBC and a successor company at a time when the successor company remains a wholly-owned subsidiary of the BBC; or

• (c) it takes place between two successor companies at a time when both remain wholly-owned subsidiaries of the BBC.

• (3) The reference in sub-paragraph (1) to the assignment of the original lease and the grant or assignment of the new lease shall be construed in accordance with Chapter 2 of Part 19 of the Corporation Tax Act 2010 , or section 681BA of the Income Tax Act 2007, and sub-paragraph (2) shall be construed accordingly.

Corporation tax: leased assets

24

• (1) For the purposes of Chapter 4 of Part 19 of the Corporation Tax Act 2010 (assets leased to traders and others) and Chapter 4 of Part 12A of the Income Tax Act 2007 (which makes corresponding provision), where the interest of the lessor or the lessee under a lease, or any other interest in a relevant asset, is transferred in accordance with a transfer scheme to the BBC or a transferee, the transfer shall be treated as being effected without any capital sum having been obtained in respect of that interest by the BBC or the transferee.

• (2) Section 865 of the Corporation Tax Act 2010 (deduction of payment under lease of trading asset), and section 681CC of the Income Tax Act 2007 (which makes corresponding provision), shall not apply to any payments made by the BBC or a company which is a transferee under a transfer scheme if the payments are made—

• (a) under any lease created in favour of the BBC or such a company by virtue of, or in pursuance of an obligation imposed by, a provision contained in a transfer scheme by virtue of paragraph 2 of Schedule 5; or

• (b) under any lease—

• (i) which is granted to or by a successor company at a time when it remains a wholly-owned subsidiary of the BBC; and

• (ii) which is a lease of a relevant asset which at any time before the creation of the lease was used by the BBC for the purposes of a trade carried on by the BBC and which was, when so used, owned by the BBC.

• (3) In sub-paragraph (1)—

• “lease” has the meaning given by section 884 of the Corporation Tax Act 2010 or section 681DN of the Income Tax Act 2007, and

• “relevant asset” has the meaning given by section 885 of the Corporation Tax Act 2010 or section 681DO of the Income Tax Act 2007.

Stamp duty and stamp duty land tax

25

• (1) Stamp duty shall not be chargeable on any agreement or instrument to the extent that it is certified by the Secretary of State to the Commissioners of Inland Revenue as being—

• (a) a restructuring scheme,

• (b) a restructuring scheme modification agreement, or

• (c) an instrument giving effect to a restructuring scheme modification agreement,

or as having been made in accordance with, or in pursuance of an obligation imposed by, a restructuring scheme.

• (1A) A land transaction which is effected by a restructuring scheme, or effected in accordance with, or in pursuance of an obligation imposed by a restructuring scheme is exempt from charge for the purposes of stamp duty land tax.

• (1B) Relief under sub-paragraph (1A) must be claimed in a land transaction return or an amendment of such a return.

• (2) No agreement or instrument which is certified as mentioned in sub-paragraph (1) shall be taken to be duly stamped unless—

• (a) it is stamped with the duty to which it would be liable, apart from that sub-paragraph; or

• (b) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.

• (3) Section 12 of the Finance Act 1895 (collection of stamp duty in cases of property vested by Act or purchased under statutory power) shall not operate to require—

• (a) the delivery to the Commissioners of Inland Revenue of a copy of this Act, or

• (b) the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of the preceding provisions of this paragraph, stamp duty is not chargeable.

• (4) In this paragraph—

• “land transaction” has the meaning given in section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act;

• “restructuring scheme modification agreement” means a modification agreement, so far as relating to a restructuring scheme;

• “restructuring scheme” means a preparatory scheme, so far as it provides for the transfer of property, rights or liabilities in accordance with the scheme—from the BBC to a wholly-owned subsidiary of the BBC;to the BBC from a wholly-owned subsidiary of the BBC; orfrom one wholly-owned subsidiary of the BBC to another.

Stamp duty reserve tax

26

• (1) An agreement to transfer chargeable securities, as defined in section 99 of the Finance Act 1986, from the BBC to a wholly-owned subsidiary of the BBC shall not give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a restructuring scheme.

• (2) An agreement shall not give rise to a charge to stamp duty reserve tax if the agreement is a restructuring scheme modification agreement.

• (3) In this paragraph “restructuring scheme” and “restructuring scheme modification agreement” have the same meaning as in paragraph 25.

Modifications of transfer schemes

27

• (1) If the effect of any transfer scheme is modified in pursuance of a modification agreement, then the Corporation Tax Acts and this Schedule, other than paragraphs 25 and 26, shall have effect as if—

• (a) the scheme originally made had been the scheme as modified; and

• (b) anything done by or in relation to the person who without the modification became entitled or subject in accordance with the scheme to any property, rights or liabilities had, so far as relating to the property, rights or liabilities to which another person becomes entitled or subject in consequence of the modification, been done by or in relation to that other person.

• (2) If, in a case falling within sub-paragraph (1), the transfer scheme, as originally made, was a preparatory scheme, the scheme as modified shall be taken to be a preparatory scheme, whether or not any company which was a wholly-owned subsidiary of the BBC at the time when the preparatory scheme took effect remains a wholly-owned subsidiary of the BBC at the time when the modification takes effect.

Orders

28

• (1) The Secretary of State shall not make an order under this Schedule in relation to any transferee under a transfer scheme except—

• (a) with the consent of the Treasury;

• (b) after consultation with the BBC; and

• (c) if the transferee is not a wholly-owned subsidiary of the BBC, after consultation with the transferee.

• (2) Any power of the Secretary of State to make an order under this Part of this Schedule—

• (a) shall be exercisable by statutory instrument; and

• (b) shall include power to make different provision for different cases, including different provision in relation to different assets or descriptions of assets.

SCHEDULE 8

Television services

1

In section 3 of the 1990 Act (licences under Part I) after subsection (3) there is inserted—

(3A) Where the Commission are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.

2

• (1) Section 5 of that Act (restrictions on the holding of licences) is amended as follows.

• (2) After subsection (2) there is inserted—

(2A) Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, the Commission shall give the Secretary of State notice of their intention to do so, specifying the relevant change.

• (3) After subsection (6B) there is inserted—

(6C) The Commission shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change. (6D) Where the Commission receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.

3

After section 66 of that Act there is inserted—

(66A) (1) Where the Commission— (a) give a direction to a BBC company under section 40(1), (b) serve a notice on a BBC company under any provision of section 41 or 42, or (c) receive any written representations from a BBC company under section 40(2), 41(3) or 42(8), the Commission shall send a copy of the direction, notice or representations to the Secretary of State. (2) References in subsection (1) to any of the provisions of sections 40 to 42 are references to that provision as applied— (a) by section 42B(2), in relation to a licence to provide a restricted service, (b) by section 44(3), in relation to a licence to provide a domestic satellite service, (c) by section 45(5), in relation to a licence to provide a non-domestic satellite service, (d) by section 47(8), in relation to a licence to provide a licensable programme service, or (e) by section 55(4), in relation to an additional services licence.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radio services

5

In section 86 of that Act (licences under Part III) after subsection (4) there is inserted—

(4A) Where the Authority are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.

6

• (1) Section 88 of that Act (restrictions on the holding of licences) is amended as follows.

• (2) After subsection (2) there is inserted—

(2A) Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, the Authority shall give the Secretary of State notice of their intention to do so, specifying the relevant change.

• (3) After subsection (6B) there is inserted—

(6C) The Authority shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change. (6D) Where the Authority receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.

7

After section 111 of that Act there is inserted—

(111A) Where the Authority— (a) serve a notice on a BBC company under any provision of section 109, 110 or 111, or (b) receive any written representations from a BBC company under section 109(4), 110(4) or 111(8), the Authority shall send a copy of the direction, notice or representations to the Secretary of State.

Meaning of “BBC company” for purposes of Broadcasting Act 1990

8

In section 202 of that Act (interpretation), after the definition of “the BBC” there is inserted—

• “a BBC company” means—
• any body corporate which is controlled by the BBC, or
• any body corporate in which the BBC 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);

.

SCHEDULE 9

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

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 ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Other amendments of Broadcasting Act 1990

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

.

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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);

.

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 11

Part I — Enactments repealed

Part II — Subordinate legislation revoked

Meaning of “independent analogue broadcaster” and “qualifying service”.

Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990.

Variation of regional Channel 3 licence following change of control.

Additional payments to be made in respect of national radio multiplex licences.

Power of Radio Authority to suspend licence to provide satellite service.

Reports on action taken voluntarily in response to findings on complaints.

Renewal of licences to provide national radio services.

Listed events.

101A

• (1) For the purposes of this Part, a sporting or other event is a designated event, in relation to an EEA State ..., if—

• (a) that State has designated the event in accordance with Article 14(1) of the Audiovisual Media Services Directive as being of major importance to its society, and

• (b) the designation forms part of measures—

• (i) which have been notified by that State to the European Commission for the purposes of Article 14(2) of that Directive, and

• (ii) notice of which has been published by the European Commission in the Official Journal of the Communities.

• (2) For the purposes of this Part, a sporting or other event is a designated event, in relation to a qualifying CTT State, if—

• (a) that State has designated the event in accordance with Article 9bis of the European Convention on Transfrontier Television as being of major importance for society,

• (b) the designation forms part of measures which have been notified by that State under that Article to the Standing Committee set up under Article 20 of the Convention, and

• (c) the event and measures are included in a consolidated list published by the Standing Committee under Article 9bis of the Convention.

• (3) In this Part “qualifying CTT State” means a State, other than the United Kingdom, which is for the time being a party to the European Convention on Transfrontier Television but is not an EEA State.

101B

• (1) A television programme provider shall not, without the previous consent of OFCOM, exercise rights to televise the whole or part of an event which is a designated event, in relation to an EEA State ..., for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with Article 14(1) of the Audiovisual Media Services Directive.

• (1A) A television programme provider must not, without the previous consent of OFCOM, exercise rights to televise the whole or part of an event which is a designated event, in relation to a qualifying CTT State, for reception in that State or any area of that State, where a substantial proportion of the public in that State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with Article 9bis of the European Convention on Transfrontier Television.

• (2) OFCOM may revoke any consent given by them under subsection (1) or (1A).

• (3) Failure to comply with subsection (1) or (1A) shall not affect the validity of any contract.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104A

• (1) A television programme provider shall, at the request of OFCOM, provide them with such information as OFCOM consider appropriate regarding any contract which he has entered into which relates to an event which, in relation to an EEA State or a qualifying CTT State, is a designated event.

• (2) OFCOM may by notice (an “information notice”) require a person within subsection (5) to provide them with any information that they require for the purpose of carrying out their functions under this Part relating to listed events.

• (3) The power conferred by subsection (2) includes power to require a person within subsection (5) to obtain or generate information.

• (4) The power conferred by subsection (2) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.

• (5) The persons within this subsection are—

• (a) a provider of a relevant service;

• (b) a person who was a provider of a relevant service at a time to which the required information relates;

• (c) a person who is not within paragraph (a) or (b) but who appears to OFCOM to have, or to be able to obtain or generate, information required by them as mentioned in subsection (2).

• (6) An information notice must—

• (a) specify or describe the information to be provided,

• (b) specify why OFCOM require the information,

• (c) specify the form and manner in which the information must be provided, and

• (d) contain information about the consequences of not complying with the notice.

• (7) An information notice must specify when the information must be provided which may be—

• (a) on or by a specified date, or

• (b) within a specified period.

• (8) The power conferred by subsection (2) to require the provision of information includes power to require the provision of information held outside the United Kingdom.

• (9) The power conferred by subsection (2) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.

• (10) A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to subsection (11)).

• (11) The duty under subsection (10) does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account).

• (12) If so requested by a competent authority in an EEA State or a qualifying CTT State, OFCOM shall provide the authority with such information relating to rights to televise listed events or designated events as OFCOM consider it appropriate to provide.

• (13) In this section, “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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

Editorial notes

[^c11522411]: Act extends mainly to the United Kingdom but for extent to Northern Ireland and application to the Isle of Man and the Channel Islands see s. 150.

[^c11522461]: S. 2 wholly in force at 1.10.1996; s. 2 not in force at Royal Assent see s. 149; s. 2 in force force certain purposes at 15.9.1996 and wholly in force at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1

[^c11522491]: S. 7(1)(f) restricted (temp. from 20.11.1996 to 29.9.2002) in relation to any notice published by the Commission by S.I. 1996/2759, arts. 2, 3

[^c11522501]: S. 11 applied (with modifications)(20.11.1996) by S.I. 1996/2760, art. 5(1)(2)(4)

[^c11522521]: S. 12 applied (with modifications)(20.11.1996) by S.I. 1996/2760, art. 5(1)(3)(4)

[^c11522531]: Words in s. 12(1)(c) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 9(2)

[^c11522541]: Words in s. 12(1)(d) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 9(3)

[^c11522561]: S. 13(1) applied (with modifications)(20.11.1996) by S.I. 1996/2760, art. 5(1)(4)(5)

[^c11522571]: S. 13(2)(3) excluded (20.11.1996) by S.I. 1996/2760, art. 5(6)

[^c11522591]: S. 13(4)-(6) applied (prosp.) by 1990 c. 42, s. 26(9A) (as inserted by 1996 c. 55, s. 82(3) (with s. 43(1)(6))

[^c11522621]: S. 16 applied (with modifications)(20.11.1996) by S.I. 1996/2760, art. 5(1)(4)(7)

[^c11522711]: S. 41 wholly in force at 29.1.1998; s. 41 not in force at Royal Assent see s. 149; s. 41 in force for certain purposes at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; s. 41 in force at 29.1.1998 insofar as not already in force by S.I. 1998/188, art. 3

[^c11522771]: S. 73 wholly in force at 1.4.1997; s. 73 in force for certain purposes at 24.7.1996 see s. 149(1); s. 73 in force at 1.4.1997 insofar as not already in force by S.I. 1997/1005, art. 4

[^c11522801]: 1976 c. 34.

[^c11522811]: S. 77(2) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 21, Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2

[^c11522821]: S. 94 extended to Guernsey (12.5.1999) by S.I. 1999/1314, art. 2 S. 94 extended to Jersey (12.5.1999) by S.I. 1999/1315, art. 2

[^c11522841]: S. 98 substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 1 (with reg. 4(2))

[^c11522851]: S. 99(3)(a) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 2

[^c11522861]: S. 100(1) restricted (19.1.2000) by S.I. 2000/54, reg. 4(1)

[^c11522871]: Words in s. 101(1) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 3 (with reg. 4(2))

[^c11522881]: Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

[^c11522891]: Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

[^c11522901]: Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)

[^c11522911]: Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)

[^c11522921]: S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)

[^c11522931]: Words in s. 103(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(2)

[^c11522941]: Words in s. 103(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(3)

[^c11522951]: S. 103(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(4)

[^c11522991]: S. 104A inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 8

[^c11523041]: S. 107 applied (27.7.2000) by S.I. 2000/1864, art. 2, Sch. para. 1

[^c11523101]: S. 131 extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523111]: S. 132 extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523131]: S. 133 extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523141]: 1988 c. 48.

[^c11523161]: S. 140 repealed (28.5.2000) by S.I. 2000/1175, reg. 4

[^c11523181]: S. 141 repealed (28.5.2000) by 2000/1175, reg. 4

[^c11523191]: S. 147 wholly in force: S. 147(1) in force at 24.7.1996, see s. 149(1); s. 147(2)(a)(b)(d) in force at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; s. 147(2)(c) in force at 1.4.1997 by S.I 1997/1005, art. 4

[^c11523201]: S. 147(1) extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523211]: 1990 c. 42.

[^c11523221]: S. 148 wholly in force: s. 148 in force for certain purposes at 24.7.1996 see s. 149(1); s. 148 in force for certain purposes at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; s. 148 in force for certain purposes at 1.11.1996 by S.I. 1996/2120, art. 5, Sch. 2; s. 148 wholly in force at 1.4.1997 by S.I. 1997/1005, art. 4

[^c11523231]: S. 149(2) power partly exercised (9.8.1996): different dates appointed for specified provisions by S.I. 1996/2120 S. 149(2) power partly exercised (21.3.1997): different dates appointed for specified provisions by S.I. 1997/1005 S. 149(2) power partly exercised (28.1.1998): 29.1.1998 appointed for specifed provisions for specified purposes by S.I. 1998/188, art. 3

[^c11523241]: S. 150(1) extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523251]: Sch. 1 applied (prosp.) by 1990 c. 42, s. 26(9A) (as inserted by 1996 c. 55, s. 82(3))

[^c11523261]: Sch. 2 para. 1 wholly in force at 1.11.1996; Sch. 2 para. 1 not in force at Royal Assent see s. 149; Sch. 2 para. 1 in force for certain purposes at 10.8.1996 and wholly in force at 1.11.1996 by S.I. 1996/2120, art. 3, 4, Sch. 1

[^c11523271]: Sch. 2 para. 2 wholly in force at 1.11.1996; Sch. 2 para. 2 not in force at Royal Assent see s. 149; Sch. 2 para. 2 in force for certain purposes at 10.8.1996 and wholly in force at 1.11.1996 by S.I. 1996/2120, art. 3, 4, Sch. 1

[^c11523281]: Sch. 2 para. 3 wholly in force at 1.11.1996; Sch. 2 para. 3 not in force at Royal Assent see s. 149; Sch. 2 para. 3 in force for certain purposes at 10.8.1996 and wholly in force at 1.11.1996 by S.I. 1996/2120, art. 3, 4, Sch. 1

[^c11523311]: Sch. 2 para. 7 wholly in force at 1.11.1996; Sch. 2 para. 7 in force for certain purposes at 24.7.1996 see s. 149(1); Sch. 2 para. 7 in force at 1.11.1996 by S.I. 1996/2120, art. 4, Sch. 1

[^c11523321]: Sch. 2 para. 8 wholly in force at 1.11.1996; Sch. 2 para. 8 in force for certain purposes at 24.7.1996 see s. 149(1); Sch. 2 para. 8 in force at 1.11.1996 by S.I. 1996/2120, art. 4, Sch. 1

[^c11523331]: Sch. 2 para. 9 wholly in force at 1.10.1996; Sch. 2 para. 9 in force for certain purposes at 24.7.1996 see s. 149(1); Sch. 2 para. 9 in force at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1

[^c11523421]: 1925 c. 20.

[^c11523431]: 1881 c. 41.

[^c11523441]: 1979 c. 33.

[^c11523411]: Sch. 5 extended (with modifications) (22.8.1997): to Guernsey by S.I. 1997/1755, art. 2, Sch.; to the Isle of Man by S.I. 1997/1756, art. 2, Sch.; to Jersey by S.I. 1997/1757, art. 2, Sch.

[^c11523461]: Cm. 3248.

[^c11523501]: 1961 c. 62.

[^c11523571]: Sch. 7 para. 1(1): definition of “the Allowances Act” repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), 580, Sch. 2 para. 97(1), Sch. 4

[^c11523581]: Sch. 7 para. 1(1): definition of “the Capital Allowances Act” substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) for definition of “the capital Allowances Acts” by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(1)

[^c11523591]: Cm. 3248.

[^c11523601]: Cm. 3152.

[^c11523611]: 1992 c. 12.

[^c11523621]: 1988 c. 1.

[^c11523641]: Words in Sch. 7 para. 1(3)(b) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(2)

[^c11523661]: Words in Sch. 7 para. 12(3) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(3)(a)

[^c11523671]: Words in Sch. 7 para. 12(3)(a) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(3)(b)

[^c11523691]: Words in Sch. 7 para. 13(1) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(4)(b)

[^c11523701]: Words in Sch. 7 para. 13(2) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(5)

[^c11523681]: Sch. 7 para. 13: words in the cross-heading repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), 580, Sch. 2 para. 97(4)(a), Sch. 4

[^c11523721]: Words in Sch. 7 para. 14(1) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(6)(b)

[^c11523711]: Sch. 7 para. 14: words in cross-heading substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(6)(a)

[^c11523731]: Words in Sch. 7 para. 15(2) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(7)(a)

[^c11523741]: Words in Sch. 7 para. 15(2)(a) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(7)(b)

[^c11523751]: Words in Sch. 7 para. 15(2)(c) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(7)(c)

[^c11523761]: Words in Sch. 7 para. 15(3) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(8)(a)

[^c11523771]: Words in Sch. 7 para. 15(3)(a) substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(8)(b)

[^c11523781]: Words in Sch. 7 para. 16 substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(9)

[^c11523801]: Sch. 7 para. 17 and preceding cross-heading substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(10)

[^c11523791]: Sch. 7 para. 17 and preceding cross-heading substituted (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 97(10)

[^c11523811]: 1975 c. 26.

[^c11523821]: 1891 c. 39.

[^c11523831]: 1895 c. 16.

[^c11523841]: 1986 c. 41.

[^c11523901]: S. 15 repealed (11.7.1997) by S.I. 1997/1682, reg. 6(1)

[^c11523931]: Sch. 10 para. 21 wholly in force: Sch. 10 para. 21 not in force at royal assent, see s. 149(2); Sch. 10 para. 21(a)(c) in force at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; Sch. 10 para. 21(b) in force at 1.11.1996 by S.I. 1996/2120, art. 5, Sch. 2

[^c11523941]: Sch. 10 para. 29 repealed (16.3.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3

[^c11523971]: 1978 c. 30.

[^c11523981]: Words in Sch. 10 para. 30 repealed (16.3.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3

[^c11523991]: 1978 c. 10.

[^c15968991]: Words in Sch. 10 para. 30 substituted (24.10.2002) by European Parliamentary Elections Act 2002 (2002 c. 24), ss. 15, 18(2), Sch. 3 para. 5

[^c11524001]: Sch. 10 para. 31 wholly in force at 1.4.1997; Sch. 10 para. 31 not in force at Royal Assent see s. 149; Sch. 10 para. 31 in force for certain purposes at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; Sch. 10 para. 31 in force at 1.4.1997 insofar as not already in force by S.I. 1997/1005, art. 4

[^c11524011]: Sch. 10 para. 32 wholly in force at 1.4.1997; Sch. 10 para. 32 not in force at Royal Assent see s. 149; Sch. 10 para. 32 in force for certain purposes at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1; Sch. 10 para. 32 in force at 1.4.1997 insofar as not already in force by S.I. 1997/1005, art. 4

[^c11524021]: Sch. 11 Pt. I wholly in force at 1.4.1997; Sch. 11 Pt. I in force for certain purposes at 24.7.1996 see s. 149; Sch. 11 Pt. I in force for certain further purposes at 1.10.1996 and 1.11.1996 by S.I. 1996/2120, art. 4, Sch. 1; Sch. 11 Pt. I in force at 1.4.1997 insofar as not already in force by S.I. 1997/1005, art. 4

[^c11524031]: Sch. 11 Pt. II wholly in force at 1.4.1997; Sch. 11 Pt. II not in force at Royal Assent see s. 149; Sch. 11 in force for certain purposes at 1.10.1996 and 1.11.1996 by S.I. 1996/2120, art. 4, Sch. 1; Sch. 11 Pt. II in forcr at 1.4.1997 insofar as not already in force by S.I. 1997/1005, art. 4

[^key-88bc9aee66ab6869a152c166fb910a71]: S. 5 modified (temp.) (17.7.2003) by The Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900), art. 5

[^key-bfa2e817a6fd65a6c2ead61552e6e351]: S. 44 modified (temp.) (17.7.2003) by The Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900), art. 5

[^key-e72621127c5a497e982233674270285f]: Act: power to modify conferred (18.9.2003) by Communications Act 2003 (c. 21), ss. 407, 411(2) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

[^key-83c27e3a29f42598c66641c87abc9e9b]: S. 137(2)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 1 para. 21(a) (with regs. 31-40)

[^key-02bb3498c0da211191c0124d8d60cdb0]: Words in s. 137(2)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 1 para. 21(b) (with regs. 31-40)

[^key-3dbac74eb0c38cf0958094547263b91f]: Words in s. 137(1) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 1, Sch. 2 (with regs. 31-40)