The Broadcasting (Amendment) (EU Exit) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 224

EXITING THE EUROPEAN UNION

BROADCASTING

The Broadcasting (Amendment) (EU Exit) Regulations 2019

Made12thFebruary2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 23 of the Communications Act 2003( 1) and section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018( 2).

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018( 3), a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.—(1) These Regulations may be cited as the Broadcasting (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Interpretation

2.—(1) In these Regulations—

“CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television;

“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998.

(2) In these Regulations, expressions that are also used in section 211 of the Communications Act 2003( 4) (as amended by Schedule 1) have the same meanings as in that section.

Amendments of primary legislation

3. Schedule 1 contains amendments of primary legislation.

Amendments of subordinate legislation

4. Schedule 2 contains amendments of subordinate legislation.

Transitional provision relating to EEA broadcasters

5.—(1) This regulation applies to a television licensable content service, digital television programme service or digital additional television service which—

(a) began to be provided before exit day, and

(b) is provided by a person who—

(i) immediately before exit day was for the purposes of the Audiovisual Media Services Directive under the jurisdiction of an EEA State other than the United Kingdom, and

(ii) on and after exit day is not for the purposes of the European Convention on Transfrontier Television under the jurisdiction of the United Kingdom, or any other CTT State.

(2) During the 6 months beginning with the day on which exit day falls, the service is to be taken for the purposes of section 211 of the Communications Act 2003 (as amended by Schedule 1) to be an exempt foreign service, whether or not it would be so taken apart from this regulation.

(3) In this regulation, “Audiovisual Media Services Directive” has the meaning given by section 405(1) of the Communications Act 2003( 5).

Saving for existing licences

6. Nothing in these Regulations affects the validity of licences to provide television licensable content services, digital television programme services or digital additional television services that are in force immediately before exit day.

Direction under section 23 of Communications Act 2003

7.—(1) This regulation applies to the exercise by OFCOM of a function under the enactments relating to broadcasting so far as the obligations of the United Kingdom under the European Convention on Transfrontier Television are relevant to that function.

(2) In considering for the purposes of Article 3 of the European Convention on Transfrontier Television (field of application), whether a television satellite service provided by a person who is within the jurisdiction of one CTT State can be received, directly or indirectly, in another CTT State (“the relevant State”), OFCOM must treat the service as one that can be so received if, but only if, the service—

(a) can be received by the general public in all parts of the relevant State using standard consumer equipment, and

(b) can be accessed in the relevant State by means of an electronic programme guide which—

(i) is licensed or otherwise regulated under the law of the relevant State, or

(ii) if the relevant State is a State other than the United Kingdom whose law does not regulate the provision of electronic programme guides, is provided by a person whose head office is in the relevant State.

(3) In this regulation—

“electronic programme guide” has the meaning given by section 310(8) of the Communications Act 2003;

“television satellite service” means a service which consists of or involves the broadcasting of television programme services from a satellite.

Signed by authority of the Secretary of State for Digital, Culture, Media and Sport

12th February 2019

Margot James

Minister of State

Department for Digital, Culture, Media and Sport

SCHEDULE 1

Regulation 3

Amendments of primary legislation

PART 1

Amendments of Broadcasting Act 1990

1. In section 177 of the Broadcasting Act 1990( 6) (orders proscribing unacceptable foreign satellite services), in subsection (6)( 7), in the definition of “foreign satellite service”, for paragraph (a) (including the “or” at the end) substitute—

“(a) a service which—

(i) consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom,

(ii) does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), and

(iii) is not provided by the BBC or the Welsh Authority, or”.

PART 2

Amendments of Broadcasting Act 1996

2. The Broadcasting Act 1996( 8) is amended as follows.

3. In section 1 (multiplex services and digital programme services), in subsection (4A)( 9), for “EEA State” substitute “CTT State”.

4.—(1) Section 12 (conditions attached to multiplex licence) is amended as follows.

(2) In subsection (1)( 10)

(a) in paragraph (c), for “an EEA broadcaster” substitute “a CTT broadcaster or are exempt Irish services”, and

(b) in paragraph (d), for “an EEA broadcaster” substitute “a CTT broadcaster or are exempt Irish services”.

(3) For subsection (3A)( 11) substitute—

“(3A) In subsection (1)(c) and (d)—

“CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a CTT State other than the United Kingdom;

“exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.”.

5. In section 24 (digital additional services), in subsection (1)(b)(ii), for “an EEA State” substitute “a CTT State”.

6. In section 26 (duration and conditions of digital additional services licence), at the end insert—

“(3) A digital additional services licence which authorises the provision of an electronic programme guide (“the guide”) shall also include such conditions as appear to OFCOM to be appropriate for ensuring that, at any time when the guide is a regulated electronic programme guide as defined by section 211A of the Communications Act 2003, the only digital programme services that are listed or promoted by, or which can be accessed through, the guide are digital programme services that—

(a) are provided by or under a licence under this Part, or

(b) do not fall, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM.”.

7. In section 39 (interpretation of Part 1), in subsection (1)—

(a) omit the definition of “the Audiovisual Media Services Directive”( 12);

(b) after the definition beginning “Channel 4” insert—

““CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television;”;

(c) after the definition of “digital sound programme service” insert—

““the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;”;

(d) omit the definition of “EEA State”( 13).

8. In section 54 (conditions attached to national or local radio multiplex licence), in subsection (1)(ca)( 14), for “an EEA broadcaster” substitute “a CTT broadcaster”.

9.—(1) Section 98 (categories of service)( 15) is amended as follows.

(2) In subsection (1), omit “and EEA satellite services” in each place where it occurs.

(3) In subsection (5), omit “and EEA satellite services”,

(4) Omit subsection (6).

10.—(1) Section 99 (contract for exclusive right to televise listed event to be void) is amended as follows.

(2) In subsection (3)(a)( 16), for the words from “nor to any” to “United Kingdom” substitute “, to any CTT broadcaster or on an exempt Irish service”.

(3) After that subsection insert—

“(4) In subsection (3)—

“CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a State, other than the United Kingdom, which is for the time being a party to the Convention”;

“exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.”.

11.—(1) Section 101A (designated events in relation to other EEA States)( 17) is amended as follows.

(2) Renumber the existing text as subsection (1) and in that subsection omit “other than the United Kingdom”.

(3) After that subsection insert—

“(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...

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