Broadcasting Act 1990 - Legislation.gov.uk

Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Broadcasting Act 1990. Any changes that have already been made by the team appear in thecontent and are referenced with annotations. (See end of Document for details) View outstanding changesBroadcasting Act 19901990 CHAPTER 42An Act to make new provision with respect to the provision and regulation ofindependent television and sound programme services and of other services providedon television or radio frequencies; to make provision with respect to the provisionand regulation of local delivery services; to amend in other respects the law relatingto broadcasting and the provision of television and sound programme services and tomake provision with respect to the supply and use of information about programmes;to make provision with respect to the transfer of the property, rights and liabilities ofthe Independent Broadcasting Authority and the Cable Authority and the dissolutionof those bodies; to make new provision relating to the Broadcasting ComplaintsCommission; to provide for the establishment and functions of a Broadcasting StandardsCouncil; to amend the Wireless Telegraphy Acts 1949 to 1967 and the Marine,&c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under theTelecommunications Act 1984 to run broadcast relay systems; and for connectedpurposes.[1st November 1990]BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consentof the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, andby the authority of the same, as follows:—Extent InformationE1For extent see s. 204(3)-(5)Modifications etc. (not altering text)C1Act: specified provisions extended (Guernsey) (with modifications) (13.2.1991) and further specifiedprovisions extended (Guernsey) (1.4.1991) by S.I. 1991/191, art. 3, Sch.Act: specified provisions extended (Jersey) (with modifications) (13.2.1991) and further specifiedprovisions extended (Jersey) (1.4.1991) by S.I. 1991/193, art. 3, Sch.Act: specified provisions extended (Guernsey) (with modifications) (1.8.1991) by S.I. 1991/1709, art.3, Sch.

2Broadcasting Act 1990 (c. 42)Part I – Independent Television ServicesChapter 1 – Regulation by Commission of Television Services GenerallyDocument Generated: 2021-02-17Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Broadcasting Act 1990. Any changes that have already been made by the team appear in thecontent and are referenced with annotations. (See end of Document for details) View outstanding changesC2C3C4C5C6C7Act: specified provisions extended (Jersey) (with modifications) (1.8.1991) by S.I. 1991/1710, art. 3,Sch.Act: definition of "relevant programme" applied (E.W.) (1.10.1992) by Criminal Justice Act 1991(c. 53, SIF 39:1), s. 53(5), Sch. 6 para 6(13); S.I. 1992/333, art. 2(2), Sch.2By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1),Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 ofthat 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references inany enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenilecourts.Act amended (1.4.1997) by 1996 c. 55, s. 124(3); S.I.1997/1005, art. 4Act to be construed with specified provisions of 1996 c. 55 (1.10.1996 for certain purposes andotherwise 1.4.1997) by virtue of s. 147(2) of that 1996 Act; S.I. 1996/2120, art. 4, Sch. 1; S.I.1997/1005, art. 4Act: power to modify conferred (18.9.2003) by Communications Act 2003 (c. 21), ss. 407, 411(2)(with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2Act applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944),art. 4, Sch.F1PART IINDEPENDENT TELEVISION SERVICESTextual AmendmentsF1Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1;S.I. 1996/2120, art. 4, Sch. 1Modifications etc. (not altering text)C8Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para.3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)CHAPTER 1REGULATION BY COMMISSION OF TELEVISION SERVICES GENERALLYEstablishment of Independent Television CommissionF21The Independent Television Commission.Textual AmendmentsF2S. 1 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (withSch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Broadcasting Act 1990 (c. 42)Part I – Independent Television ServicesChapter 1 – Regulation by Commission of Television Services GenerallyDocument Generated: 2021-02-17Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Broadcasting Act 1990. Any changes that have already been made by the team appear in thecontent and are referenced with annotations. (See end of Document for details) View outstanding changes3Function of CommissionF32Regulation by Commission of provision of television services.Textual AmendmentsF3S. 2 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (withSch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)General provisions about licences3Licences under Part I.(1) Any licence granted by [F4OFCOM] under this Part shall be in writing and (subject tothe provisions of this Part) shall continue in force for such period as is provided, inrelation to a licence of the kind in question, by the relevant provision of [F5 Chapter 2or 5 of this Part or section 235 of the Communications Act 2003].(2) A licence may be so granted for the provision of such a service as is specified in thelicence or for the provision of a service of such a description as is so specified.(3) [F4OFCOM] —(a) shall not grant a licence to any person unless they are satisfied that he is a fitand proper person to hold it; and(b) shall do all that they can to secure that, if they cease to be so satisfied in thecase of any person holding a licence, that person does not remain the holderof the licence;and nothing in this Part shall be construed as affecting the operation of this subsectionor of section 5(1) or (2)(b) or (c).[F6(3A) Where [F4OFCOM] are not satisfied that a BBC company which has applied for alicence is a fit and proper person to hold it, they shall, before refusing the application,notify the Secretary of State that they are not so satisfied.](4) [F4OFCOM] may vary a licence by a notice served on the licence holder if—(a) in the case of a variation of the period for which the licence is to continue inforce, the licence holder consents; or(b) in the case of any other variation, the licence holder has been given areasonable opportunity of making representations to [F4OFCOM] about thevariation.(5) Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); andthat subsection shall not authorise the variation of any conditions included in a licencein pursuance of section 19(1) or 52(1) or in pursuance of any other provision of thisPart which applies section 19(1).(6) A licence granted to any person under this Part shall not be transferable to any otherperson without the previous consent in writing of [F4OFCOM] .(7) Without prejudice to the generality of subsection (6), [F4OFCOM] shall not give theirconsent for the purposes of that subsection unless they are satisfied that any such other

4Broadcasting Act 1990 (c. 42)Part I – Independent Television ServicesChapter 1 – Regulation by Commission of Television Services GenerallyDocument Generated: 2021-02-17Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Broadcasting Act 1990. Any changes that have already been made by the team appear in thecontent and are referenced with annotations. (See end of Document for details) View outstanding changesperson would be in a position to comply with all of the conditions included in thelicence which would have effect during the period for which it is to be in force.[F7(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 [F8a licence under section 8 of theWireless Telegraphy Act 2006]; or(b) any obligation to comply with requirements imposed by or under Chapter 1 ofPart 2 of the Communications Act 2003 (electronic communications networksand electronic communications services).]Textual AmendmentsF4F5F6F7F84Words in s. 3 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para.1(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 3(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15para. 1(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)S. 3(3A) inserted (24.7.1996) by 1996 c. 55, ss. 136, 149(1)(f), Sch. 8 para. 1S. 3(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 1(4)(with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Words in s. 3(8)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7para. 10General licence conditions.(1) A licence may include—(a) such conditions as appear to [F9OFCOM] to be appropriate having regard toany duties which are or may be imposed on them, or on the licence holder,by or under this Act [F10, the Broadcasting Act 1996 or the CommunicationsAct 2003];(b) conditions requiring the payment by the licence holder to [F9OFCOM](whether on the grant of the licence or at such times thereafter as may bedetermined by or under the licence, or both) of a fee or fees of an amount oramounts so determined;(c) conditions requiring the licence holder to provide [F9OFCOM], in suchmanner and at such times as they may reasonably require, with suchinformation as they may require for the purpose of exercising the functionsassigned to them by or under this Act [F11, the Broadcasting Act 1996 or theCommunications Act 2003];(d) conditions providing for such incidental and supplemental matters as appearto [F9OFCOM] to be appropriate.(2) A licence may in particular include conditions requiring the licence holder—(a) to comply with any direction given by [F9OFCOM] as to such matters as arespecified in the licence or are of a description so specified; or(b) (except to the extent that [F9OFCOM] consent to his doing or not doing them)not to do or to do such things as are specified in the licence or are of adescription so specified.(3) The fees required to be paid to [F9OFCOM] by virtue of subsection (1)(b) shall be inaccordance with such tariff as may from time to time be fixed by [F9OFCOM]; F12.