Broadcasting Act 1980
| Jurisdiction | UK Non-devolved |
| Citation | 1980 c. 64 |
| Year | 1980 |
Broadcasting Act 1980
1980 CHAPTER 64
An Act to amend and supplement the Independent Broadcasting Authority Act 1973 in connection with the provision by the Independent Broadcasting Authority of a second television service and otherwise in connection with the functions of the Authority; to make provision as to the arrangements for the broadcasting of television programmes for reception in Wales, with power to make different provision as to those arrangements by order; to establish a Broadcasting Complaints Commission; and for connected purposes.
[13th November 1980]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Extension of Duration of Authority's Function
1 Extension of duration of Independent Broadcasting Authority's function.
(1) In section 2(1) of the Independent Broadcasting Authority Act 1973 (which, as amended, makes it the function of the Authority to provide television and local sound broadcasting services until 31st December 1981), for ‘31st December 1981’ there shall be substituted ‘31st December 1996’.
(2) For the purpose of extending or further extending the duration of that function the Secretary of State may by order made by statutory instrument substitute for the date specified in main section 2(1), as for the time being amended by or under this section, any date not later than 31st December 2001.
(3) No order shall be made under subsection (2) unless a draft of it has been laid before Parliament and approved by a resolution of each House.
Part II
Provision of Second Television Service by Authority
2 Preliminary.
(1) If the Authority provide a television broadcasting service additional to that already being provided by them under the main Act, the programmes other than advertisements broadcast on the Fourth Channel shall (subject to section 8 and without prejudice to section 4(2)) be provided by the Authority themselves; and accordingly in main section 2(3) (provision of programmes by programme contractors)—
(a ) after ‘the programmes broadcast by the Authority’ there shall be inserted ‘otherwise than on the Fourth Channel’; and
(b ) after ‘broadcast’, where last occurring, there shall be inserted ‘(otherwise than as aforesaid)’.
(2) In this Act, and in the main Act as amended by this Act—
(a ) ‘ITV’ means the television broadcasting service already being provided by the Authority under the main Act, and ‘on ITV’ means in that service;
(b ) ‘the Fourth Channel’ means the additional television broadcasting service referred to in subsection (1), and ‘on the Fourth Channel’ means in that service;
(c ) ‘TV programme contractor’ means a person whose contract as a programme contractor gives him the right and the duty to provide programmes or parts of programmes for broadcasting on ITV;
(d ) references to the area of a TV programme contractor are references to the area for which he has the right and the duty to provide programmes or parts of programmes for broadcasting on ITV;
(e ) references to a TV programme contractor's contract are references to the contract by virtue of which he is such a contractor.
(3) Nothing in this Part shall be taken to require the variation of any contract between the Authority and a TV programme contractor made before the passing of this Act and relating only to a period or periods ending before 1st January 1982.
(4) In this section ‘television broadcasting service’ does not include a teletext service.
3 Nature of the Fourth Channel, and its relation to ITV.
(1) As regards the programmes (other than advertisements) broadcast on the Fourth Channel it shall be the duty of the Authority—
(a ) to ensure that the programmes contain a suitable proportion of matter calculated to appeal to tastes and interests not generally catered for by ITV;
(b ) without prejudice to so much of main section 2(2)(a ) as relates to the dissemination of education, to ensure that a suitable proportion of the programmes are of an educational nature;
(c ) to encourage innovation and experiment in the form and content of programmes,
and generally to give the Fourth Channel a distinctive character of its own.
(2) While the Authority are providing both ITV and the Fourth Channel it shall be their duty to ensure, so far as is consistent with their duties under subsection (1)—
(a ) that, as regards each of those services, the programmes broadcast in that service by the Authority in each area maintain a proper balance and wide range in their subject-matter, having regard both to the programmes as a whole and also to the days of the week on which, and the times of the day at which, the programmes are broadcast; and
(b ) that, as between the two services, a proper balance of subject-matter is maintained, having regard both to the programmes broadcast in those services as a whole and also to the days of the week on which, and the times of the day at which, the various programmes are broadcast;
and so long as the Authority are under the duty imposed by this subsection, so much of main section 2(2)(b ) as relates to the maintenance of a proper balance and wide range in the programmes broadcast by the Authority shall not apply in the case of television programmes so broadcast.
(3) Main section 4(1)(d ) (requirement that programmes broadcast from any station or stations contain a suitable proportion of matter catering for the tastes and outlook of persons served by the station or stations and, where another language as well as English is in common use among such persons, a suitable proportion of matter in that language) shall not apply in the case of programmes broadcast on the Fourth Channel.
(4) Main section 34 (which would prevent the Authority from broadcasting the same kind of subject-matter at the same time on both ITV and the Fourth Channel) shall cease to have effect.
4 Provision of programmes \(other than advertisements) for the Fourth Channel.
(1) Without prejudice to the generality of the following provisions of the main Act, namely section 3(1) (powers of Authority) and paragraph 3(3) of Schedule 1 (capacity of Authority as a statutory corporation), and subject to subsection (2), the Authority may, for the purpose of providing programmes (other than advertisements) for broadcasting on the Fourth Channel make such arrangements for obtaining and assembling the necessary material, enter into such contracts, employ such persons, acquire such property and do such things as may appear to them to be necessary or expedient.
(2) The Authority shall arrange for the following activities involved in providing programmes (other than advertisements) for broadcasting on the Fourth Channel to be performed by a subsidiary of the Authority formed by them for the purpose, namely—
(a ) obtaining and assembling the necessary material; and
(b ) such of the other activities involved in providing such programmes as appear to the Authority appropriate.
(3) As regards the selection of programmes (other than advertisements) for broadcasting on the Fourth Channel it shall be the duty of the Authority—
(a ) to have regard, in particular, to their duties under section 3(1); and
(b ) to secure that, so far as is consistent with their duties in relation to the Fourth Channel under section 3 and main section 2(2), a substantial proportion of the programmes broadcast on the Fourth Channel are supplied otherwise than by persons of either of the following descriptions, namely a TV programme contractor and a body corporate under the control of a TV programme contractor.
(4) In consequence of section 2(1) the following provisions of the main Act shall not apply in the case of the Fourth Channel, that is to say—
(a ) section 3(2) (cases in which, exceptionally, programmes may be provided otherwise than by programme contractors); and
(b ) section 6 (submission by programme contractors of programme schedules for Authority's approval).
(5) In this section ‘subsidiary’ shall be construed in accordance with section 154 of the Companies Act 1948 .
5 Advertisements on the Fourth Channel.
(1) The programmes broadcast by the Authority on the Fourth Channel for reception in the area of any TV programme contractor may, so long as the provisions of this and the main Act are complied with in relation thereto, include advertisements provided for insertion therein by that contractor in consideration of payments to him.
(2) The contract of every TV programme contractor shall be framed so as to give him the right, in consideration of payments made to the Authority and so long as the provisions of this and the main Act are complied with in relation thereto, to provide advertisements for inclusion in the programmes broadcast by the Authority on the Fourth Channel for reception in his area.
(3) For any period in which programmes are to be broadcast on the Fourth Channel for reception in the area of a TV programme contractor it shall be the duty of the Authority to make suitable arrangements—
(a ) for the contractor to receive advance information about the programmes other than advertisements which are to be so broadcast in that period and about the periods which will be available for the broadcasting of advertisements; and
(b ) for the inclusion in the programmes so broadcast in that period of advertisements provided for the purpose by the contractor in the exercise of his right to do so under his contract.
(4) In relation to the...
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