Section 63 Digital additional services.

United Kingdom

(1)

In this Part “digital additional service” means any service which—

(a)

F1is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

(aa)

is so provided with a view to the broadcasting being by means of a radio multiplex service or by means of a general multiplex service; and

(b)

is not a digital sound programme service, a simulcast radio service, F2a television licensable content service, an ancillary service, a relevant ancillary service within the meaning of section 232 of the Communications Act 2003 or a technical service.

(2)

In this Part “ancillary service” F3(except in the expression “relevant ancillary service”) means any service which is provided by the holder of a digital sound programme licence or by an independent national broadcaster and consists in the provision of any service (other than advertising) which—

(a)

is ancillary to programmes included in a digital sound programme service or simulcast radio service provided by him and is directly related to their contents, or

(b)

relates to the promotion or listing of such programmes.

(3)

In this Part “technical service” means a service which—

(a)

is provided for technical purposes connected with the encryption or decryption of one or more digital sound programme services or digital additional services F4, television licensable content services , and

(b)

is of a description specified in an order made by the Secretary of State.

(3A)

F5In this section “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003.

(4)

An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: S. 63(1)(a)(aa) substituted for s. 63(1)(a) (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2: Words in s. 63(1)(b) substituted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(a)
F3: Words in s. 63(2) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(b)
F4: Words in s. 63(3)(a) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(10)(c)
F5: S. 63(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)