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Section 57 Attribution of multiplex revenue to licence holder and others.

United Kingdom

(1)

For the purposes of section F159(2A) and (2B) , the share of multiplex revenue attributable to F2the person who is the multiplex provider in relation to a national radio multiplex service in respect of any accounting period of his shall be—

(a)

the aggregate of—

(i)

payments falling within paragraph (a) or (b) of section 56(1), and

(ii)

payments received or to be received by him from programme providers and additional services providers in respect of the provision of radio multiplex services in that period,

less

(b)

the amount of any payments made or to be made to programme providers or additional service providers which would fall within paragraph (c) or (d) of section 56(1) but for the fact that they are received from F3the person who is the multiplex provider in relation to a national radio multiplex service .

(2)

For the purposes of F4sections 62(2A) to (5) and 66(2A) to (5) , the share of multiplex revenue attributable to a programme provider or additional services provider in relation to a national radio multiplex service in respect of any accounting period of F5the multiplex provider shall be—

(a)

the aggregate of—

(i)

payments falling within paragraph (c) or (d) of section 56(1), and

(ii)

payments received or to be received from the multiplex provider which would fall within one of those paragraphs but for the fact that they are received from the multiplex provider ,

less

(b)

the amount of any payments made or to be made to the multiplex provider in respect of the provision of radio multiplex services in that period.

(3)

In a case falling within subsection (7) or (8) of section 56, F6OFCOM may treat the share of multiplex revenue attributable to any person for the accounting period of F7the multiplex provider as increased by such amount as they consider appropriate to take account of the circumstances mentioned in that subsection.

(4)

In this section “additional services provider” F8, multiplex provider and “programme provider”, in relation to F9a national radio multiplex service , have the same meaning as in section 56.

Annotations

Textual amendments

F1

Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 18(1)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2

Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3

Words in s. 57(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4

Words in s. 57(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 18(2)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5

Words in s. 57(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6

Words in s. 57(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(4)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7

Words in s. 57(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(4)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8

Words in s. 57(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(5)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F9

Words in s. 57(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 116(5)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)