Broadcasting Act 1990

Restrictions on the holding of certain relevant licences U.K.

3 (1) The Commission shall do all that they can to secure that none of the following, namely— U.K.

(a) a local authority,

(b) a body whose objects are wholly or mainly of a religious or political nature,

(c) an individual who is an officer of a body falling within paragraph (b) above, or

(d) a body which is controlled by a person falling within any of the preceding paragraphs, or by two or more such persons taken together,

becomes or remains the holder of a licence to which this paragraph applies.

(2) The Commission shall do all that they can to secure that a person who is (or is an associate of)—

(a) a programme contractor for the provision of television programmes or sound broadcasts for any area or locality,

(b) the holder of a licence to provide a regional Channel 3 service or a local radio service for any area or locality, or

(c) the proprietor of a local newspaper circulating wholly or mainly in any area,

does not become or remain the holder of a licence to which this paragraph applies if the service to be provided under that licence is to be so provided in any part of that area or locality.

(3) The Commission shall do all that they can to secure that a person who is (or is an associate of) the holder of a licence to provide Channel 5 does not become or remain the holder of a licence to which this paragraph applies if the service to be provided under that licence is to be so provided in any part of the area for which the Channel 5 service is to be provided.

(4) The Commission shall do all that they can to secure that a body corporate in which—

(a) any of the persons mentioned in sub-paragraph (5) is a participant, or

(b) any of the persons mentioned in sub-paragraph (6) is a principal participant,

does not become or remain the holder of a licence to which this paragraph applies if, in the opinion of the Commission, that person’s participation in the body corporate has led, is leading or is likely to lead to results which are adverse to the public interest.

(5) The persons referred to in sub-paragraph (4)(a) are—

(a) a local authority;

(b) a body whose objects are wholly or mainly of a religious or political nature;

(c) the BBC and the Welsh Authority; and

(d) a body which is controlled by a person falling within any of the preceding paragraphs, or by two or more such persons taken together.

(6) The persons referred to in sub-paragraph (4)(b) are—

(a) a person who is a principal participant in another body corporate which is—

(i) the holder of a licence to which this paragraph applies, or

(ii) the holder of a local delivery licence;

(b) a programme contractor;

(c) the holder of a licence to provide any of the following services, namely a Channel 3 service, Channel 4, Channel 5, F1 . . ., a national radio service or a local radio service;

(d) the proprietor of a national or local newspaper;

(e) an advertising agent;

(f) an associate of a person falling within any of the preceding paragraphs;

(g) a person who has control over a body falling within any of the preceding paragraphs; and

(h) a body which is controlled by a person falling within any of paragraphs (a) to (f) above, or by two or more such persons taken together.

(7) This paragraph applies to any relevant licence authorising the provision of a prescribed diffusion service.

(8) In this paragraph—

(a) “associate”, “local authority” and “participant” have the same meaning as in Schedule 2 to this Act, and “principal participant”, in relation to a body corporate, means a person who (whether alone or jointly with one or more other persons, and whether directly or through one or more nominees) holds or is beneficially entitled to not less than one-twentieth of the shares, or possesses not less than one-twentieth of the voting power, in that body corporate;

(b) any reference to a national or local newspaper is a reference to a newspaper which is, or is to be treated as, a national or local newspaper for the purposes of Part IV of that Schedule;

(c) “programme contractor” has the same meaning as in the M1 Broadcasting Act 1981;

(d) any reference to a Channel 3 service (whether regional or otherwise), [F2 or to Channel 4 or 5] shall be construed in accordance with section 71(1) of this Act; and

(e) any reference to a national or local radio service is a reference to a national or local service within the meaning of Part III of this Act.

Textual Amendments

F1 Words in Sch. 12 Pt. III para. 3(6)(c) repealed (11.7.1997) by S.I. 1997/1682, art. 2, Sch. para. 17(a)

F2 Words in Sch. 12 Pt. III para. 3(8)(d) substituted (11.7.1997) by S.I. 1997/1682, art. 2, Sch. para. 17(b)

Marginal Citations

M1 1981 c. 68.