Statutory Instrument 1996 No. 2120 (C. 49)

The Broadcasting Act 1996 (Commencement No. 1 and Transitional Provisions) Order 1996

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© Crown Copyright 1996

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1996 No. 2120 (C. 49)

BROADCASTING

The Broadcasting Act 1996 (Commencement No. 1 and Transitional Provisions) Order 1996

The Secretary of State, in exercise of the powers conferred upon her by section 149(2) and (3) of the Broadcasting Act 1996^[1], and of all other powers enabling her in that behalf, hereby makes the following Order:

    1.    This Order may be cited as the Broadcasting Act 1996 (Commencement No. 1 and Transitional Provisions) Order 1996.

    2.    In this Order—
 (a) "the 1990 Act" means the Broadcasting Act 1990^[2]; and
 (b) "the 1996 Act" means the Broadcasting Act 1996.

    3.—(1)  Subject to paragraphs (2) and (3), the following provisions of the 1996 Act shall come into force on the day after this Order is made—
Section 73 so far as relating to the provisions of Schedule 2 brought into force by this Article;
Section 104;
Paragraphs 12 and 13 of the substituted Part IV of Schedule 2 to the 1990 Act;
Part I of Schedule 2 so far as relating to the interpretation of paragraphs 12 and 13 of the substituted Part IV of Schedule 2 to the 1990 Act; and
Paragraph 11 of Schedule 2 so far as relating to paragraphs 12 and 13 of the substituted Part IV of Schedule 2 to the 1990 Act or to paragraphs 1, 2, 3, 9, 10, 11 and 14 of that substituted Part in their application to the interpretation of paragraphs 12 and 13.


    (2)  For the purposes of paragraph 12(5)(b) of the substituted Part IV of Schedule 2 to the 1990 Act, any determination made by the relevant authority before 1st November 1996 shall be taken to have been made on that date.

    (3)  The coming into force of the provisions referred to in paragraph (1) does not affect the continued operation until 1st November 1996 of the restrictions contained in Schedule 2 to the 1990 Act as it had effect immediately before the passing of the 1996 Act.

    4.—(1)  Subject to paragraphs (2) and (3) below, the provisions of the 1996 Act which are specified in Schedule 1 to this Order shall come into force on 1st October 1996.

    (2)  Section 2 shall come into force on 15th September 1996 for the purposes of the notification by the independent analogue broadcasters of their intention to provide their respective services for broadcasting in digital form, but not for any other purposes.

    (3)  Paragraph (1) above does not bring section 41 into force for the purposes of the notification by the independent national broadcasters of their intention to provide a service for broadcasting in digital form pursuant to section 41(2).

    5.—(1)  Subject to paragraph (2) below, the provisions of the 1996 Act which are specified in Schedule 2 to this Order shall come into force on 1st November 1996.

    (2)  Where the holder of any licence specified in paragraphs 9(4), 10(2), 11(1) and 11(3) of the substituted Part IV of Schedule 2 to the 1990 Act becomes connected with a national or local newspaper by virtue of the commencement of Part I of Schedule 2 to the 1996 Act, the "relevant day" shall for the purposes of paragraph 9(5) be 1st November 1996.

Inglewood

Parliamentary Under Secretary of State,
Department of National Heritage

9th August 1996

[1] 1996 c. 55. back

[2] 1990 c. 42. back

Explanatory Note