The Broadcasting and Communications (Amendment) Regulations 2013
S.I. 2013/2217 · Made 3 September 2013 · Extends to United Kingdom
Broadcasting
Electronic Communications
Made 3rd September 2013
Laid before Parliament 5th September 2013
Coming into force 1st October 2013
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1.
The Secretary of State is a Minister designated for the purposes of the 1972 Act in relation to electronic communicationsf2, information society servicesf3 and measures relating to television broadcastingf4.
Annotations to the whole text
Footnotes
- f1
-
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
- f2
- f3
- f4
Contents
- 1Citation and commencement
- 2Audiovisual Media Services Regulations 2009
- 3Broadcasting Act 1990
- 4Broadcasting Act 1996
- 5Broadcasting (Independent Productions) Order 1991 Repealed
- 6Broadcasting (Original Productions) Order 2004
- 7Communications Act 2003
- 8Electronic Commerce (EC Directive) Regulations 2002
- 9Satellite Television Service Regulations 1997
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Broadcasting and Communications (Amendment) Regulations 2013 and come into force on 1st October 2013.
2Audiovisual Media Services Regulations 2009I1
The Audiovisual Media Services Regulations 2009f1 are amended as follows.
In regulation 11, omit paragraph (a).
In regulation 13, omit paragraph (6).
3Broadcasting Act 1990I1
4Broadcasting Act 1996I1
The Broadcasting Act 1996f1 is amended as follows.
In section 12(3A), for “Council Directive 89/552/EEC” substitute “the Audiovisual Media Services Directive”.
In section 39(1)—
after the definition of “ancillary service” insert—
““the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;”; and
after the definition of “digital sound programme service” insert—
““EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;”.
In section 98(6)(b), for “Council Directive 89/552/EEC” substitute “the Audiovisual Media Services Directive”.
In section 99(3)(a), for “Council Directive 89/552/EEC” substitute “the Audiovisual Media Services Directive”.
In section 101A—
for “Article 3a(1) of Council Directive 89/552/EEC” substitute “Article 14(1) of the Audiovisual Media Services Directive”; and
for “Article 3a(2)” substitute “Article 14(2)”.
In section 101B, for “Article 3a(1) of Council Directive 89/552/EEC” substitute “Article 14(1) of the Audiovisual Media Services Directive”.
In section 105(1)—
before the definition of “Channel 4” insert—
““the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;”; and
after the definition of “designated event” insert—
““EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;”.
5Broadcasting (Independent Productions) Order 1991F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Broadcasting (Original Productions) Order 2004I1
The Broadcasting (Original Productions) Order 2004f1 is amended as follows.
In Article 5(5), for the definition of “European work” substitute—
““European work” means a European work within the meaning of paragraphs 1(n), 2, 3 and 4 of Article 1 of Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”.
The Schedule (Article 6(1) to (4) of Council Directive 89/552/EEC as amended by Directive 97/36/EC) is omitted.
7Communications Act 2003I1
In section 362 of the Communications Act 2003f1, in subsection (1), for the definitions of “EEA State” and “another EEA State” substitute—
““EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978, and “another EEA State” means an EEA State other than the United Kingdom;”.
8Electronic Commerce (EC Directive) Regulations 2002I1
In regulation 2 of the Electronic Commerce (EC Directive) Regulations 2002f1, in paragraph (1), for the definition of “EEA Agreement” substitute—
““EEA Agreement” has the meaning given by Schedule 1 to the Interpretation Act 1978;”.
9Satellite Television Service Regulations 1997I1
The Satellite Television Service Regulations 1997f1 are amended as follows.
In regulation 3(b)(ii), after the words “EEA State” insert “(within the meaning given by Schedule 1 to the Interpretation Act 1978)”.
Paragraph 14 of the Schedule is omitted.
Signature
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
3rd September 2013
Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments to certain broadcasting and communications legislation to ensure correct implementation of the Agreement on the European Economic Area (by amending particular references relating to the European Economic Area) and to reflect the codification of the EU Directives in the field of audiovisual media services.
An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.