Office of Public Sector Information
SCHEDULE 15 continued PART 1 continued
72 (1) Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be amended as follows.
(2) In Part 1, for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In Part 2, for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
73 (1) Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) For “Committee”, wherever occurring, there shall be substituted “Service”.
(4) In paragraph 8(c), the words “and (where the expenses relate to the Commission’s functions in connection with sound programmes) the Radio Authority” shall be omitted.
(5) In paragraph 11(4), the words “or the Radio Authority” and “or (as the case may be) the Authority” shall be omitted.
74 (1) Section 1 of the 1996 Act (interpretation) shall be amended as follows.
(2) For subsection (1) there shall be substituted—
“(1) In this Part “multiplex service” means (except where the context otherwise requires) a television multiplex service.”
(3) In subsection (4), for “for general reception” there shall be substituted “so as to be available for reception by members of the public”.
(4) For subsection (4A) there shall be substituted—
“(4A) In subsection (4), “available for reception by members of the public” means available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003) in the United Kingdom or another EEA State, or in an area of the United Kingdom or of such a State.”
(5) For subsection (7) of that section there shall be substituted—
“(7) In this section “broadcast” means broadcast otherwise than from a satellite.”
75 In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for subsections (2) to (6) there shall be substituted—
“(2) In this Part “qualifying service” means any of the following, so far as they are provided with a view to their being broadcast in digital form—
(a) a television broadcasting service included in Channel 3;
(b) Channel 4;
(c) Channel 5;
(d) S4C Digital;
(e) a television programme service provided by the Welsh Authority with the approval of the Secretary of State under section 205 of the Communications Act 2003;
(f) the digital public teletext service.”
76 (1) Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended as follows.
(2) In subsection (1), for “the Independent Television Commission (in this Part referred to as the “the Commission”)” there shall be substituted “OFCOM”.
(3) In subsections (3) to (7), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(4) For subsection (8) there shall be substituted—
“(8) The holding by a person of a licence under this Part shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).”
77 (1) Section 4 of the 1996 Act (general licence conditions) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this Act” there shall be substituted “this Act, the 1990 Act or the Communications Act 2003”.
(4) In subsection (3) (fixing fees), the words from “and the amount” onwards shall be omitted.
78 (1) Section 5 of the 1996 Act (restrictions on holding licences) shall be amended as follows.
(2) For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—
“(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the 1990 Act; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;”.
(4) In subsection (6)—
(a) in paragraph (a), for “complained of” there shall be substituted “constituting their grounds for revoking the licence”.
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” there shall be substituted “the requirements imposed by or under Schedule 14 to the Communications Act 2003”.
(5) In subsection (7)—
(a) paragraph (a) shall cease to have effect; and
(b) in paragraph (b), for “Part IV of that Schedule” there shall be substituted “Part 1 of Schedule 14 to the Communications Act 2003”.
(6) In subsection (8), for the words from “a failure” to the end of paragraph (c) there shall be substituted “a disqualification under Part 2 of Schedule 2 to the 1990 Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003,”.
79 (1) Section 7 of the 1996 Act (multiplex licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (4)—
(a) after paragraph (c) there shall be inserted—
“(ca) the applicant’s proposals as to the number (if any) of digital sound programmes services which are to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided;”
(b) in paragraph (d) for “those services” there shall be substituted “the services mentioned in paragraphs (c) and (ca)”.
80 (1) Section 8 of the 1996 Act (award of multiplex licences) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (2)(f), after “digital programme service” there shall be inserted “, digital sound programme service”.
81 In section 9 of the 1996 Act (grant of two or more multiplex licences to one person), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
82 (1) Section 10 of the 1996 Act (award of multiplex licences subject to conditions) shall be amended as follows.
(2) For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted “this Act, the 1990 Act or Part 3 of the Communications Act 2003”.
83 In section 11 of the 1996 Act (failure to provide licensed service and revocation), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
84 In section 12 of the 1996 Act (conditions attached to multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
85 In section 13 of the 1996 Act (additional payments in respect of multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
86 (1) Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for “section 13(1)” there shall be substituted “this Part”;
(b) for “the holder of a multiplex licence” there shall be substituted “the person who is the multiplex provider in relation to any television multiplex service or any general multiplex service”;
(c) in paragraph (a), for “the multiplex service to which the licence relates” there shall be substituted “the relevant multiplex”;
(d) in paragraph (b) for “of any qualifying service by means of the multiplex service” there shall be substituted “by means of the multiplex service of any service which is a qualifying service or which (without being a qualifying service) is provided by the BBC”;
(e) in paragraphs (c) and (d), for “the holder of the multiplex licence” and “the multiplex service”, in each place where they occur there shall be substituted, respectively, “the multiplex provider” and “the relevant multiplex”.
(3) In subsections (2) to (8)—
(a) for the words “the holder of the multiplex licence” and “the licence holder”, wherever occurring, there shall be substituted, in each case, “the multiplex provider”; and
(b) for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(4) In subsection (9)—
(a) for “a multiplex licence”, in each place, there shall be substituted “a television multiplex service or a general multiplex service”;
(b) for “the multiplex service to which the licence relates”, in each place, there shall be substituted “that multiplex service”;
(c) after the definition of “additional services provider” there shall be inserted—
““multiplex provider”—
(a) in relation to a television multiplex service for which a person holds a licence under this Part, means the licence holder; and
(b) in relation to a television multiplex service which is not licensed under this Part or a general multiplex service, means the person who provides that service;”
(d) after the definition of “programme provider” there shall be inserted—
““the relevant multiplex”—
(a) in relation to a multiplex provider falling within paragraph (a) of the definition of that expression, means the television multiplex service to which his licence relates; and
(b) in relation to any other multiplex provider, means the television multiplex service or general multiplex service which is provided by him;
and this section and section 15 shall have effect as if references in this section to digital programme services included references to digital sound programme services and references to digital additional services included references to digital additional services within the meaning of Part 2.”
87 (1) Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder) shall be amended as follows.
(2) In subsection (1)—
(a) for “the holder of a multiplex licence” there shall be substituted “the person who is the multiplex provider in relation to any television multiplex service”;
(b) for “of multiplex services in that period,” there shall be substituted “in that period of television multiplex services,”;
(c) for “the holder of the multiplex licence” there shall be substituted, “the multiplex provider”.
(3) In subsection (2)—
(a) for “a multiplex service” there shall be substituted “a television multiplex service or a general multiplex service”;
(b) for “the holder of the multiplex licence”, wherever occurring, there shall be substituted “the multiplex provider”.
(4) In subsection (3)—
(a) for “the Commission” there shall be substituted “OFCOM”; and
(b) for “the holder of the multiplex licence” there shall be substituted “the multiplex provider”.
(5) In subsection (4)—
(a) after “additional services provider” there shall be inserted “, ‘multiplex provider’”; and
(b) for “a multiplex licence” there shall be substituted “a television multiplex service or a general multiplex service”.
88 (1) Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (3), after “not later than” there shall be inserted “the day falling three months before”.
(4) After subsection (12), there shall be inserted—
“(12A) A determination for the purposes of subsection (12)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.”
89 In section 17 of the 1996 Act (enforcement of multiplex licences), for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
90 (1) Section 18 of the 1996 Act (licensing of digital programme services) shall be amended as follows.
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.
91 (1) Section 19 of the 1996 Act (conditions of licences for digital programme services) shall be amended as follows.
(2) In subsection (3)—
(a) for “the Commission”, wherever occurring, there shall be substituted “OFCOM”;
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “the provider of a television multiplex service or general multiplex service”;
(c) in paragraph (a), for “by means of a multiplex service” there shall be substituted “by means of that provider’s service”; and
(d) in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “the identity of the service by means of which it will be broadcast”.
(3) Subsections (2) and (4) to (10) of that section shall cease to have effect.
92 (1) Section 23 of the 1996 Act (enforcement of digital programme licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (4), for the words from “multiplex service” onwards there shall be substituted “television multiplex service or general multiplex service, means the last accounting period of the multiplex provider”.
(4) In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “television multiplex service or general multiplex service, the first accounting period of the multiplex provider”.
(5) After that subsection there shall be inserted—
“(5A) In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.”
(6) In subsection (8) for “apology” there shall be substituted “statement of findings”.
93 (1) Section 24 of the 1996 Act (digital additional services) shall be amended as follows.
(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted—
“(a) is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;
(b) is so provided with a view either—
(i) to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or
(ii) to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;
and
(c) is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.”
(3) In subsection (2) (meaning of ancillary service)—
(a) for “an independent analogue broadcaster” there shall be substituted “a relevant public service broadcaster”; and
(b) for paragraphs (a) and (b) there shall be substituted—
“(a) assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;
(b) a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or
(c) any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.”
(4) In subsection (3)(a), after “digital programme services” there shall be inserted “, digital sound programme services”.
(5) After subsection (3) there shall be inserted—
“(3A) In this section—
“assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;
“available for reception by members of the public” shall be construed in accordance with section 361 of that Act;
“public television service of the Welsh Authority” means—
S4C Digital; or
any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;
“relevant public service broadcaster” means any of the following—
a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;
the Channel 4 Corporation;
a person licensed under Part 1 of the 1990 Act to provide Channel 5;
the BBC;
the Welsh Authority;
the public teletext provider.”
94 (1) Section 25 of the 1996 Act (licensing of digital additional services) shall be amended as follows.
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) After subsection (4) there shall be inserted—
“(4A) A digital additional services licence is not required for a service that is or is comprised in a qualifying service.”
(4) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.
95 (1) Section 26 of the 1996 Act (conditions of licences for digital additional services) shall be amended as follows.
(2) In subsection (2)—
(a) for “the Commission”, wherever occurring, there shall be substituted “OFCOM”;
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “the provider of a television multiplex service or general multiplex service”;
(c) in paragraph (a), for “by means of a multiplex service” there shall be substituted “by means of that provider’s service”; and
(d) in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “the identity of the service by means of which it will be broadcast”.
96 (1) Section 27 of the 1996 Act (enforcement of digital additional television services licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (4), for the words from “multiplex service” onwards there shall be substituted “television multiplex service or general multiplex service, means the last accounting period of the multiplex provider”.
(4) In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “television multiplex service or general multiplex service, the first accounting period of the multiplex provider”.
(5) After that subsection there shall be inserted—
“(5A) In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.”
97 (1) Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall be amended as follows.
(2) In subsection (1), for “the Commission to include in any multiplex licence granted in respect of one frequency to which section 28 applies” there shall be substituted “OFCOM to include in no more than one relevant multiplex licence”.
(3) In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be substituted “Seirbheis nam Meadhanan Gàidhlig”.
(4) For subsection (9) there shall be substituted—
“(9) In this section—
“Gaelic” means the Gaelic language as spoken in Scotland;
“relevant multiplex licence” means a multiplex licence in respect of which the Secretary of State has made an order under section 243(3) of the Communications Act 2003;
“television broadcasting service” has the same meaning as in Part 3 of the Communications Act 2003.”
98 (1) Section 33 of the 1996 Act (review of digital television broadcasting) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C Digital, the qualifying teletext service” there shall be substituted “following services, namely, Channel 3 services, Channel 4, Channel 5, the public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), the digital public teletext service”.
99 In section 35 of the 1996 Act (enforcement of licences held by BBC companies), for “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
100 In section 39(1) (interpretation of Part 1)—
(a) after the definition of “digital programme service” there shall be inserted—
““digital public teletext service” has the same meaning as in Part 3 of the Communications Act 2003;
“digital sound programme service” has the same meaning as in Part 2 of this Act;
“general multiplex service” has the same meaning as in that Part;”.
(b) for the definition of “public teletext provider” there shall be substituted—
““public teletext provider” means the person for the time being licensed under Part 1 of the 1990 Act to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);”
(c) for the definitions of “S4C” and “on S4C” and of “S4C Digital” and “on S4C Digital” there shall be substituted—
““S4C” and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;”.
(d) after the definition of “technical service” there shall be inserted—
““television multiplex service” has the meaning given by section 241 of the Communications Act 2003.”
101 (1) Section 40 of the 1996 Act (radio multiplex services) shall be amended as follows.
(2) For subsections (1) to (3) there shall be substituted—
“(1) In this Part “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003.”
(3) In subsection (4) (local and national multiplex services), the words “provided on a frequency or frequencies assigned to the Authority under section 45(1)” shall be omitted.
(4) In subsection (5), for “for general reception” there shall be substituted “so as to be available for reception by members of the public”.
(5) For subsection (8) of that section there shall be substituted—
“(8) In this section—
“available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003;
“broadcast” means broadcast otherwise than from a satellite.”
102 (1) Section 42 of the 1996 Act (licences under Part 2) shall be amended as follows.
(2) In subsection (1), for “the Radio Authority (in this Part referred to as “the Authority”)” there shall be substituted “OFCOM”.
(3) In subsections (2), (5) and (6), for “The Authority” and “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(4) For subsection (3) (variation of licences) there shall be substituted—
“(3) OFCOM may vary a licence by a notice served on the licence holder.
(3A) OFCOM shall not vary—
(a) the period for which a licence having effect for a specified period is to continue in force, or
(b) increase the total amount of digital capacity specified in a national radio multiplex licence for the purposes of section 48(1A),
unless the licence holder consents.
(3B) OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.”
(5) In subsection (4) (exceptions from power to vary licences), for “Paragraph (a) of subsection (3)” there shall be substituted “Paragraph (a) of subsection (3A)”.
(6) For subsection (7) there shall be substituted—
“(7) The holding of a licence by a person shall not relieve him—
(a) of any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) of any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).”
Communications Act 2003