SCHEDULE 1
Article 2
SCHEDULE 1
MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.
1. Any reference to a provision of the Broadcasting Act 1990 (“the 1990 Act”) shall be construed as a reference to that provision as it has effect in the Isle of Man.
2. For the words “United Kingdom” wherever they occur, apart from in—
section 19(6)
section 38(1) and (5),
section 71(1) and (5),
section 72(2),
section 74(2)(a) (in section 31 of the 1990 Act as amended by the 1996 Act),
section 84(1) (in the new section 24(6) of the 1990 Act),
section 114(2),
Schedule 2, Part I, paragraph 4, inserted by paragraphs 3A and 3B of Part I of Schedule 2 to the 1990 Act,
Schedule 2, Part III, substituted by paragraphs 2 and 5 of Part III of Schedule 2 to the 1990 Act,
Schedule 2, Part IV, substituted by paragraphs 2 and 13 of Part IV of Schedule 2 to the 1990 Act, and
Schedule 10, paragraph 5, inserted by paragraphs (d), (e) and (f) of section 84(1) of the 1990 Act,
substitute “United Kingdom and the Isle of Man”.
3. In section 1 (multiplex services and digital programme services)—
(a) in subsection (1A), for the words “United Kingdom” substitute “United Kingdom and the Isle of Man, but not for general reception in the Isle of Man only”; and
(b) in subsection (7), in the definition of “broadcast”, for the words “local delivery service (as defined by section 72(1) of the 1990 Act)” substitute “cable programme service (as defined by section 13(3) of the Broadcasting Act 1993 (an Act of Tynwald)”.
4. In section 2 (definition of “independent analogue broadcaster” and “qualifying service”)—
(a) in subsection (1), omit paragraph (b); and
(b) omit subsection (4).
5. In section 3(8) (licences under Part I), for the words “section 7 of the Telecommunications Act 1984” substitute “section 5 of the Telecommunications Act 1984 (an Act of Tynwald)”.
6. In section 4(4) (general licence conditions), after the words “such tariff” insert “in the Isle of Man”.
7. In section 25 (licensing of digital additional services), at the end add—
“7 In relation to a digital additional service for the Isle of Man only, references to the Commission in this section and in sections 26 and 27 shall be construed as references to the Communications Commission”.
8. In section 31 (advertisements), omit the words “the Welsh authority or”.
9. In section 33 (review of digital television broadcasting)—
(a) in subsection (1)(a)(ii), omit “, S4C Digital”;
(b) in subsection (3)
(i) in paragraph (c), omit “or II”; and
(ii) for paragraph (d) substitute—
“(d)
“(d) the Communications Commission;”.
10. In section 38 (receipts paid into Consolidated Funds)—
(a) in subsection (1), for paragraph (c) substitute—
“(c)
“(c) if the licence is for the provision of a service for the Isle of Man and the whole or part of the United Kingdom, be paid into either or both of those Funds and to the Treasury of the Isle of Man in such proportions as the Commission consider appropriate.”;
(b) after subsection (4), insert—
“4A In respect of a licence granted by the Communications Commission—
(a)
(a) any amount specified in subsection (2) which is received by that Commission shall be paid to the Treasury of the Isle of Man for the general revenue of the Isle of Man; and
(b)
(b) subsections (3) and (4) shall apply as if the reference in subsection (3) to subsection (1) were a reference to this subsection, and as if the reference in each of those subsections to the Commission were a reference to the Communications Commission”.
11. In section 39(1) (interpretation Part I), omit the definitions of “S4C”, “on S4C”, “SC4 Digital” and “on S4C Digital”.
12. In section 40 (radio multiplex services)—
(a) for subsection (4) substitute—
“4 A radio multiplex service provided on a frequency or frequencies assigned to the Authority under section 45(1) shall be provided without any restriction by virtue of this Act to a particular area or locality in the United Kingdom and the Isle of Man (a “national radio multiplex service”).
4A A radio multiplex service provided on a frequency or frequencies assigned to the Communications Commission under section 45(1A) shall be provided for the Isle of Man only (a “local radio multiplex service”).”; and
(b) in subsection (8), in the definition of “broadcast”, for “local delivery service (as defined by section 72(1) of the 1990 Act)” substitute “cable programme service (as defined by section 13(3) of the Broadcasting Act 1993 (an Act of Tynwald))”.
13. In section 42 (licences under Part II)—
(a) in subsection (7), for “section 7 of the Telecommunications Act 1984” substitute “section 5 of the Telecommunications Act 1984 (an Act of Tynwald)”; and
(b) at the end add—
“8 In relation to local radio multiplex licences, references in this section and the following provisions of this Part to the Authority shall be construed as references to the Communications Commission.”.
14. In section 45 (assignment of frequencies)—
(a) in subsection (1), after “provision of” insert “national”; and
(b) after subsection (1) insert—
“1A The Secretary of State may by notice assign to the Communications Commission, for the purpose of the provision of local radio multiplex services falling to be licensed by them under this Part, such frequencies as he may determine.”
15. In section 50 (local radio multiplex licence)—
(a) in subsection (1), for the words from “Where” to “the Authority” substitute “Where the Communications Commission propose to grant a local radio multiplex licence, they”;
(b) in subsection (2), omit paragraphs (c) and (d); and
(c) in subsection (4), in paragraph (c), omit the words “(other than BBC services)”.
16. In section 51(2) (award of local radio multiplex licence)—
(a) in paragraph (a), for the words in brackets substitute “within the Isle of Man”;
(b) in paragraph (d), omit the words “(other than BBC services)”; and for the words “the area or locality for which the service is to be provided” substitute “the Isle of Man”;
(c) in paragraph (e), for the words “the area or locality for which it is to be provided” substitute “the Isle of Man”; and
(d) in paragraph (f), for the words “that area or locality” substitute “the Isle of Man”.
17. In section 54(1)(c)(ii) (conditions), for the words from “the BBC” to the end substitute “the holder of a licence under Part 1 of the Broadcasting Act 1993 (an Act of Tynwald) to provide local digital sound programme services”.
18. In section 58 (duration and renewal of licences)—
(a) in subsection (4), omit paragraph (a)(ii) and, in paragraph (b), omit the words “or those supplementary proposals”;
(b) in subsections (5) and (8) for the words “Secretary for State” substitute “Governor in Council”;
(c) in subsection (7)(b) omit the words “or supplementary proposals”; and
(d) in subsection (ii), omit the words “and supplementary proposals”.
19. In section 60 (licensing of digital sound programme services)—
(a) for subsection (2) substitute—
“2 A licence to provide digital sound programme services is a licence to provide national digital sound programme services only and in this Part is referred to either as “a digital sound programme licence” or as a “national digital sound programme licence”.”;
(b) in subsection (7), omit the words “or local”; and
(c)...
