Television Broadcasting Regulations 1998

JurisdictionUK Non-devolved
CitationSI 1998/3196

1998 No. 3196

BROADCASTING

The Television Broadcasting Regulations 1998

Made 18th December 1998

Laid 21th December 1998

Coming into force 30th December 1998

Whereas the Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722with regard to measures relating to television broadcasting.

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972 and all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Television Broadcasting Regulations 1998.

(2) These Regulations shall come into force on 30th December 1998.

S-2 Amendments to the Broadcasting Act 1990 and the Broadcasting Act 1996

Amendments to the Broadcasting Act 1990 and the Broadcasting Act 1996

2. The Broadcasting Act 19903and the Broadcasting Act 19964are amended in accordance with the Schedule to these Regulations.

S-3 Modification of licence conditions

Modification of licence conditions

3.—(1) In any licence to provide a multiplex service (within the meaning of Part I of the Broadcasting Act 1996) granted before the commencement of these Regulations—

(a)

(a) any condition that all digital programme services broadcast under that licence are provided by the holder of a licence under section 18 of the Broadcasting Act 1996 shall be taken to be a condition that all digital programme services broadcast under the licence are provided either by the holder of such a licence or by an EEA broadcaster, and

(b)

(b) any condition that all digital additional services broadcast under that licence are provided by the holder of a licence under section 25 of the Broadcasting Act 1996 shall be taken to be a condition that all digital additional services broadcast under the licence are provided either by the holder of such a licence or by an EEA broadcaster.

(2) In this regulation “EEA broadcaster” has the meaning given by section 12(3A) of the Broadcasting Act 1996.

S-4 Revocations

Revocations

4. In the Schedule to the Satellite Television Service Regulations 19975, paragraphs 1(2)(a), 3 and 14(3) are hereby revoked.

Chris Smith

Secretary of State for Culture, Media and Sport

18th December 1998

SCHEDULE

Regulation 2

Amendments to the Broadcasting Act 1990 and the Broadcasting Act 1996

SCH-1.1

1.—(1) Section 2 of the Broadcasting Act 1990 (regulation by the Commission of provision of television services) is amended as follows.

(2) In subsection (1)—

(a)

(a) in paragraph (a), for “(other than satellite television services)” there is substituted “(other than satellite television services and digital programme services)”;

(b)

(b) before the word “and” at the end of paragraph (c) there is inserted—

“(cc)

“(cc) digital programme services (as defined by section 1(4) of the Broadcasting Act 1996) provided by persons who for the purposes of Council Directive 89/552/EECare under the jurisdiction of the United Kingdom, other than the BBC and the Welsh Authority,; and”

(c)

(c) for paragraph (d) there is substituted—

“(d)

“(d) digital additional services (as defined by section 24(1) of the Broadcasting Act 1996) provided by persons who for the purposes of Council Directive 89/552/EECare under the jurisdiction of the United Kingdom, other than the BBC.”

SCH-1.2

2. For section 43 of the Broadcasting Act 1990 (satellite television services) there is substituted—

SCH-1.43

Satellite television services.

43.—(1) In this Part “satellite television service” means a service which—

(a)

(a) consists in the transmission for general reception of television programmes by satellite; and

(b)

(b) is provided by a person who for the purposes of Council Directive 89/552/EECis under the jurisdiction of the United Kingdom.

(2) For the purposes of this Act any satellite television service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service).

(3) In this section “relevant broadcasting body” means—

(a)

(a) in relation to a BBC company, the BBC,

(b)

(b) in relation to a Channel 4 company, the Channel Four Television Corporation, and

(c)

(c) in relation to an S4C company, the Welsh Authority.”

SCH-1.3

3. In section 46 of the Broadcasting Act 1990 (licensable programme services), for subsection (6)(b) there is substituted—

“(b)

“(b) is provided by a person who for the purposes of Council Directive 89/552/EECis under the jurisdiction of an EEA State other than the United Kingdom.”

SCH-1.4

4. In section 79 of the Broadcasting Act 1990 (regulation of delivery of programmes provided by licence holder and foreign satellite programmes) for subsection (5)(a)(ii) there is substituted—

“(ii)

“(ii) a service provided by a person who for the purposes of Council Directive 89/552/EECis under the jurisdiction of an EEA State other than the United Kingdom, or”

SCH-1.5

5. In section 177 of the Broadcasting Act 1990 (orders proscribing unacceptable foreign satellite services), for the definition of “foreign satellite service” in subsection (6) there is substituted—

““foreign satellite service” means—

(a) a service which is provided by a person who is not for the purposes of Council Directive 89/552/EECunder the jurisdiction of the United Kingdom and which consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom, or

(b) a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom;”

SCH-1.6

6.—(1) Section 202 of the Broadcasting Act 1990 (general interpretation) is amended as follows.

(2) After subsection (4) there is inserted—

SCH-1.4A

“4A Any reference in this Act to Council Directive 89/552/EECis a reference to that Directive as amended by Directive 97/36/ECof the European Parliament and the Council.”

(3) Subsection (5A) is omitted.

SCH-1.7

7.—(1) Part III of Schedule 2 to the Broadcasting Act 1990 (restrictions to prevent accumulation of interests in licensed services) is amended as follows.

(2) In paragraph 2 (general limit on the holding of licences to provide television services or interests in bodies corporate holding such licences)—

(a)

(a) in sub-paragraph (2)(a) and (b), for “1(2)(a), (d), (e) or (h)” there is substituted “1(2)(a), (d) or (e)”;

(b)

(b) after sub-paragraph (2)(a) there is inserted—

“(aa)

“(aa) the audience time attributable in respect of that period to any relevant service falling within paragraph 1(2)(h) which is provided by him by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996,; and”

(c)

(c) before the word “and” at the end of sub-paragraph (2)(b) there is inserted—

“(bb)

“(bb) one half of the audience time attributable in respect of that period to any relevant service falling within paragraph 1(2)(h) which is provided—

(i) by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996, and

(ii) by a body corporate which he does not control, but in which he is at any relevant time a participant with a qualifying interest,”.

(3) Paragraph 7 (limit in...

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