Television Act 1954
| Jurisdiction | UK Non-devolved |
Television Act, 1954
(2 & 3 Eliz. 2) CHAPTER 55
An Act to make provision for television broadcasting services in addition to those provided by the British Broadcasting Corporation, and to set up a special authority for that purpose; to make provision as to the constitution, powers, duties and financial resources of that authority and as to the position and obligations of persons contracting with that authority for the provision of programmes and parts of programmes; and for purposes connected with the matters aforesaid.
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:—
1 The Independent Television Authority.
(1) There shall be an authority, to be called the Independent Television Authority (in this Act referred to as ‘the Authority’) whose function shall be to provide, in accordance with the provisions of this Act, and for the period of ten years from the passing of this Act, television broadcasting services, additional to those of the British Broadcasting Corporation and of high quality, both as to the transmission and as to the matter transmitted, for so much of the United Kingdom, the Isle of Man and the Channel Islands as may from time to time be reasonably practicable.
(2) The Authority shall consist of a Chairman, a Deputy Chairman and such other members, not being less than five nor more than eight, as the Postmaster-General may from time to time determine:
Provided that unless and until the Postmaster-General otherwise determines by notice in writing to the Authority, a copy of which shall be laid before each House of Parliament, the number of the said other members shall be eight.
(3) All the members of the Authority shall be appointed by the Postmaster-General from among persons appearing to him to be qualified for the office, and of the members of the Authority other than the Chairman and Deputy Chairman three shall be persons who appear to the Postmaster-General to be suited to make the interests of Scotland, the interests of Wales and Monmouthshire and the interests of Northern Ireland, respectively, their special care.
(4) The Postmaster-General may at any time direct by notice in writing, a copy of which shall be laid before each House of Parliament, that any member of the Authority shall cease to hold office, and any member of the Authority may at any time by notice in writing to the Postmaster-General resign his office: but, save as aforesaid and subject to the provisions of the next following subsection, every member of the Authority shall hold office for such period, not exceeding five years, as may be fixed at the time of his appointment, and shall, on ceasing to be a member, be eligible for reappointment.
(5) If any member of the Authority dies or ceases to hold office before the expiration of the term for which he was appointed, the term of office of his successor shall be so fixed as to expire at the end of the first-mentioned term, but the Postmaster-General may, if he thinks fit so to do, defer the making of an appointment until the expiration of the said first-mentioned term.
(6) A person shall be disqualified for being appointed or being a member of the Authority so long as he is a member of the Commons House of Parliament or of either House of the Parliament of Northern Ireland or a Governor of the British Broadcasting Corporation.
(7) Before appointing a person to be a member of the Authority, the Postmaster-General shall satisfy himself that that person will have no such financial or other interest (and, in particular, no such financial or other interest in any advertising agency or in any business concerned with the manufacture or sale of apparatus for wireless telegraphy or other telegraphic equipment or in any business consisting or intended to consist in whole or in part in entering into or carrying out contracts with the Authority for the provision of programmes or parts of programmes) as is likely to affect prejudicially the discharge by him of his functions as member of the Authority, and the Postmaster-General shall also satisfy himself from time to time with respect to every member of the Authority that he has no such interest; and any person who is, or whom the Postmaster-General proposes to appoint to be, a member of the Authority shall, whenever requested by the Postmaster-General so to do, furnish to him such information as the Postmaster-General considers necessary for the performance by the Postmaster-General of his duties under this subsection.
(8) The Authority shall pay to each of their members, in respect of his office as such, such remuneration (whether by way of salary or fees) and such allowances as the Postmaster-General may, with the approval of the Treasury, determine in the case of those members respectively.
(9) If any member of the Authority, other than the Chairman thereof, is employed about the affairs of the Authority otherwise than as a member thereof, the Authority shall pay to that member such remuneration, if any, (in addition to any remuneration to which he may be entitled in respect of his office as a member) as the Postmaster-General may, with the approval of the Treasury, determine.
(10) The Postmaster-General shall as soon as possible after the passing of this Act lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable to the members of the Authority under this section and, if any subsequent determination by him under this section involves any departure from the terms of the said statement, the Postmaster-General shall, as soon as possible after determination, lay a statement thereof before each House of Parliament.
(11) The provisions of the First Schedule to this Act (which relate to the procedure of and other similar matters concerning the Authority) shall have effect with respect to the Authority.
(12) It is hereby declared that the Authority are not to be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown.
2 Power of Authority.
(1) The Authority shall, subject to the provisions of this Act, have power to do all such things as are in their opinion necessary for or conducive to the proper discharge of their function as described in subsection (1) of section one of this Act, and, in particular and without prejudice to the generality of the foregoing provision, they shall for the purpose of discharging that function have power—
(a ) to establish, install and use stations for wireless telegraphy;
(b ) to arrange for the provision and equipment of, or, if need be, themselves to provide and equip, studios and other premises for television broadcasting purposes;
(c ) by arrangements made for the purpose with the Postmaster-General and persons carrying on broadcast relay stations, to provide for the distribution from broadcast relay stations of programmes broadcast by the Authority.
(2) The programmes broadcast by the Authority shall, so far as may be consistent with the observance of the requirements of this Act, be provided not by the Authority but by persons (hereafter in this Act referred to as ‘programme contractors’) who, under contracts with the Authority, have, in consideration of payments to the Authority and subject to the provisions of this Act, the right and the duty to provide programmes or parts of programmes to be broadcast by the Authority, which may include advertisements; but the Authority may—
(a ) arrange for the provision of parts of programmes otherwise than as aforesaid for the purpose of securing the inclusion in the programmes of items of particular classes which in their opinion are necessary for securing a proper balance in the subject matter of the programmes and cannot, or cannot as suitably, be provided by programme contractors; and
(b ) apart from the provision of such items, arrange for the provision, otherwise than as aforesaid, of, or, if need be, themselves provide, programmes or parts of programmes so far as may be necessary by reason of any temporary lack of suitable persons able and willing to become or continue as programme contractors on suitable terms and to perform their obligations as such, or by reason of any interval between the expiration or termination of one contract with a programme contractor and the commencement of another contract with that or another programme contractor,
and may, for the purpose of so providing programmes or parts of programmes or putting themselves into a position to do so if necessity arises, make such arrangements for obtaining 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.
(3) Without prejudice to the generality of the preceding provisions of this section, the powers of the Authority shall extend to the carrying on of such businesses and the doing of such things as arise out of the other activities of the Authority or are necessary or expedient for the purpose of turning to account any property or rights of the Authority.
(4) Notwithstanding anything in this section the Authority shall not carry on business as sellers of, or, except with the approval of the Postmaster-General, themselves engage in the manufacture or sale of, apparatus for wireless telegraphy or any other telegraphic equipment.
(5) Notwithstanding anything in this section, the Authority shall not have power to provide broadcasting services other than television services nor (except as provided by this section) to acquire any exclusive or other rights in respect of the broadcasting of any matters in sound only:
Provided that nothing in this subsection shall...
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