The Broadcasting Act 1990 (Independent Television Services: Exceptions) Order 1990

• Citation: S.I. 1990/2537
• Sections: 2

Section 1

(1) This Order may be cited as the Broadcasting Act 1990 (Independent Television Services: Exceptions) Order 1990 and shall come into force on 1st January 1991.

(2) In this Order “the 1990 Act ” means the Broadcasting Act 1990.

Section 2

(1) Section 13(1) of the 1990 Act (by which any person who provides any service falling within section 2(1)(a) or (b) of that Act without being authorised to do so by or under a licence under Part I of that Act is guilty of an offence) shall not apply to the services or descriptions of services which are specified in paragraph (2) below.

(2) The services and descriptions of services referred to in paragraph (1) above are:

(a) any television programme service, as defined by section 2(4) of the 1990 Act, provided under and in accordance with the provisions of Schedule 11 to the 1990 Act; and

(b) any television programme service, as so defined,—

(i) which is provided for reception at a place or places in the United Kingdom provided that no such place is a dwelling-house (within the meaning of section 202(1) of the 1990 Act),

(ii) which is so provided for the purposes of its being presented there either to members of the public or to a group of persons some or all of whom do not have a business interest in hearing or seeing it,

(iii) which does not include any advertisement, and

(iv) in respect of which no payment is made either directly or indirectly for its provision by the persons to whom it is presented.