Broadcasting Act 1990 (c. 42)

Page 41 of 43

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“(2A) This subsection applies to a telecommunication system in the case of which every conveyance made by it is either—

(a) a transmission, by wireless telegraphy, from a transmitting station for general reception of sounds, visual images or such signals as are mentioned in paragraph (c) of section 4(1) above; or

(b) a conveyance within a single set of premises of sounds, visual images or such signals which are to be or have been so transmitted.”

(2) In section 7 (power to license telecommunication systems)—

(a) in subsection (10A), for “Cable Authority” substitute “Independent Television Commission”; and

(b) in subsection (10B), for “licensable cable programme service” substitute “local delivery service (within the meaning of Part II of the Broadcasting Act 1990)”.

(3) In section 42(2) (fraudulent use of telecommunication system), for “to which section 53 of the Cable and Broadcasting Act 1984 applies)” substitute “such as is mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988)”.

(4) In section 43(2) (improper use of public telecommunication system), for “cable programme service” substitute “programme service (within the meaning of the Broadcasting Act 1990)”.

(5) In section 49 (investigation of complaints by the Director General of Telecommunications) omit subsection (2).

Video Recordings Act 1984 (c. 39)

39 In section 3(8) (exempted supplies), for paragraphs (a) and (b) substitute “a programme service (within the meaning of the Broadcasting Act 1990)”.

Cinemas Act 1985 (c. 13)

40 In section 21(1) (interpretation), in the definition of “film exhibition”, for paragraphs (a) and (b) substitute “programmes included in a programme service (within the meaning of the Broadcasting Act 1990);”.

Bankruptcy (Scotland) Act 1985 (c. 66)

41 In subsection (5) of section 70 (supplies by utilities), for the words from “services”, where it second occurs, onwards substitute “local delivery services within the meaning of Part II of the Broadcasting Act 1990”.

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I.11))

42 In Article 130(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), after “television,” insert “or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service,”.

Insolvency Act 1986 (c. 45)

43 In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity and telecommunication services), for the words “services consisting” onwards, in each place where they occur, substitute “local delivery services within the meaning of Part II of the Broadcasting Act 1990.”

Building Societies Act 1986 (c. 53)

44 In section 50(10) (powers to control advertising), in the definition of “advertisement”, for the words from “whether” to “and references” substitute “whether—

(a) documentary,

(b) by way of sound broadcasting or television or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, or

and references”.

Financial Services Act 1986 (c. 60)

45 (1) In section 207 (interpretation)—

(a) in subsection (2), after “television” insert “or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”; and

(b) omit subsection (4).

(2) In paragraph 25A in Part III of Schedule 1 (advice given in sound, television or cable programmes excluded from activities constituting investment business)—

(a) in sub-paragraph (1), for the words from “or teletext” onwards substitute “included, or made for inclusion, in a programme service.”; and

(b) for sub-paragraph (2) substitute—

“(2) In this paragraph—

(a) “programme”, in relation to a programme service, includes an advertisement and any other item included in that service; and

(b) “programme service” has the same meaning as in the Broadcasting Act 1990.”

Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3))

46 In Article 2(2) (interpretation), in the definition of “newspaper”, for the words from “cable programme” onwards substitute “programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.

Criminal Justice Act 1987 (c. 38)

47 In section 11 (restrictions on reporting applications for dismissal and preparatory hearings)—

(a) in subsection (1), for “broadcast or include in a cable programme” substitute “include in a relevant programme for reception”;

(b) in subsections (4), (8) and (12), for “, broadcast or included in a cable programme” substitute “or included in a relevant programme”;

(c) in subsections (5) and (7), for “, broadcast or include in a cable programme” substitute “or include in a relevant programme”;

(d) in subsection (10), for “broadcast or included in a cable programme” substitute “included in a relevant programme” and for “, broadcast or inclusion in a cable programme” substitute “or inclusion in a relevant programme”;

(e) in subsection (12), for paragraphs (c) and (d) substitute—

“(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”; and

(f) in subsection (15), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).”

Consumer Protection Act 1987 (c. 43)

48 In section 24 (defences to offence of giving misleading price indication)—

(a) in subsection (2), for the words from “, film” to “service,” substitute “or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),”; and

(b) in subsection (6), omit the definition of “cable programme service”.

Consumer Protection (Northern Ireland) Order 1987 (S.I.1987/2049 (N.I.20))

49 In Article 17 (defences to offence of giving misleading price indication)—

(a) in paragraph (2), for “film or radio or television broadcast or in a programme included in a cable programme service,” substitute “or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),”; and

(b) in paragraph (6), omit the definition of “cable programme service”.

Copyright, Designs and Patents Act 1988 (c. 48)

50 (1) In section 69 (recording for purposes of supervision and control of broadcasts etc.), for subsections (2) and (3) substitute—

“(2) Copyright is not infringed by anything done in pursuance of—

(a) section 11(1), 95(1), 145(4), (5) or (7), 155(3) or 167(1) of the Broadcasting Act 1990;

(b) a condition which, by virtue of section 11(2) or 95(2) of that Act, is included in a licence granted under Part I or III of that Act; or

(c) a direction given under section 109(2) of that Act (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, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act; or

(b) the use by the Broadcasting Complaints Commission or the Broadcasting Standards Council, in connection with any complaint made to them under that Act, of any recording or transcript requested or required to be provided to them, and so provided, under section 145(4) or (7) or section 155(3) of that Act.”

(2) In paragraph 17 of Schedule 2 (rights in performances: recordings for purposes of supervision and control of broadcasts etc.), for sub-paragraphs (2) to (4) substitute—

“(2) The rights conferred by Part II are not infringed by anything done in pursuance of—

(a) section 11(1), 95(1), 145(4), (5) or (7), 155(3) or 167(1) of the Broadcasting Act 1990;

(b) a condition which, by virtue of section 11(2) or 95(2) of that Act, is included in a licence granted under Part I or III of that Act; or

(c) a direction given under section 109(2) of that Act (power of Radio Authority to require production of recordings etc.).

(3) The rights conferred by Part II are not infringed by—

Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915)

51 (1) In regulation 2(1) (interpretation)—

(a) omit the definitions of “broadcast advertisement”, “Cable Authority”, “IBA” and “licensable service”;

(b) before the definition of “court” insert—

““the Commission” means the Independent Television Commission”;

““licensed service” means—

(a) in relation to a complaint made to the Commission, a service in respect of which the Commission have granted a licence under Part I or II of the Broadcasting Act 1990; and

(b) in relation to a complaint made to the Radio Authority, a service in respect of which the Radio Authority have granted a licence under Part III of that Act;

and “licensed local delivery service” means a service in respect of which the Commission have granted a licence under Part II of that Act;”; and

(d) after the definition of “publication” insert—

““relevant body” means the Commission or the Radio Authority;

“on S4C” has the same meaning as in Part I of the Broadcasting Act 1990;

“the Welsh Authority” has the same meaning as in that Act;”.

(2) In regulation 4(2) (exceptions to complaints to be considered by Director General of Fair Trading), for “the IBA or the Cable Authority” substitute “the Commission, the Radio Authority or the Welsh Authority”.

(3) For regulations 8 to 11 substitute—

“Complaints to the Commission and the Radio Authority

8 (1) Subject to paragraph (2) below, it shall be the duty of a relevant body to consider any complaint made to it that any advertisement included or proposed to be included in a licensed service is misleading, unless the complaint appears to the body to be frivolous or vexatious.

(2) The Commission shall not consider any complaint about an advertisement included or proposed to be included in a licensed local delivery service by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.

(3) A relevant body shall give reasons for its decisions.

(4) In exercising the powers conferred on it by these Regulations a relevant body shall have regard to all the interests involved and in particular the public interest.

Control by the Commission and the Radio Authority of misleading advertisements

9 (1) If, having considered a complaint about an advertisement pursuant to regulation 8(1) above, it considers that the advertisement is misleading, a relevant body may, if it thinks it appropriate to do so, exercise in relation to the advertisement the power conferred on it—

(a) where the relevant body is the Commission, by section 9(6) of the Broadcasting Act 1990 (power of Commission to give directions about advertisements), or

(b) where the relevant body is the Radio Authority, by section 93(6) of that Act (power of Radio Authority to give directions about advertisements).

(2) A relevant body may require any person appearing to it to be responsible for an advertisement which the body believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the body shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(3) If such evidence is not furnished to it following a requirement made by it under paragraph (2) above or if it considers such evidence inadequate, a relevant body may consider the factual claim inaccurate.

Complaints to the Welsh Authority

10 (1) Subject to paragraph (2) below, it shall be the duty of the Welsh Authority to consider any complaint made to them that any advertisement broadcast or proposed to be broadcast on S4C is misleading, unless the complaint appears to the Authority to be frivolous or vexatious.

(2) The Welsh Authority shall not consider any complaint about an advertisement broadcast or proposed to be broadcast on S4C by the reception and immediate re-transmission of broadcasts made by the British Broadcasting Corporation.

(3) The Welsh Authority shall give reasons for their decisions.

(4) In exercising the powers conferred on them by these Regulations the Welsh Authority shall have regard to all the interests involved and in particular the public interest.

Control by the Welsh Authority of misleading advertisements

11 (1) If, having considered a complaint about an advertisement pursuant to regulation 10(1) above, they consider that the advertisement is misleading, the Welsh Authority may, if they think it appropriate to do so, refuse to broadcast the advertisement.

(2) The Welsh Authority may require any person appearing to them to be responsible for an advertisement which the Authority believe may be misleading to furnish them with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the Authority shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(3) If such evidence is not furnished to them following a requirement made by them under paragraph (2) above or if they consider such evidence inadequate, the Welsh Authority may consider the factual claim inaccurate.”

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I.1988/1846 (N.I.16))

52 In Article 10 (restrictions on reporting applications for dismissal and preparatory hearings)—

(a) in paragraph (1), for “broadcast or include in a cable programme” substitute “include in a relevant programme for reception”;

(b) in paragraphs (5), (9) and (13), for “, broadcast or included in a cable programme” substitute “or included in a relevant programme”;

(c) in paragraphs (6) and (8), for “, broadcast or include in a cable programme” substitute “or include in a relevant programme”;

(d) in paragraph (12), for “broadcast or included in a cable programme” substitute “included in a relevant programme” and for “, broadcast or inclusion in a cable programme” substitute “or inclusion in a relevant programme”;

(e) in paragraph (13), for sub-paragraphs (c) and (d) substitute—

(f) in paragraph (16), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—

““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).”

Children Act 1989 (c. 41)

53 In section 97(5) (privacy for children involved in certain proceedings), for paragraph (a) of the definition of “publish” substitute—

“(a) include in a programme service (within the meaning of the Broadcasting Act 1990);”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))

54 In Articles 197(3) and 343(4) (supplies of water, electricity and telecommunication services), for the words from “services consisting” onwards, in each place where they occur, substitute “local delivery services within the meaning of Part II of the Broadcasting Act 1990.”