HC Deb 09 May 1990 vol 172 cc365-6

3A.—(1) Any person who, from any place in the United Kingdom or external waters, participates in the management, financing, operation or day-to-day running of any broadcasting station by which broadcasts are made—

  1. (a) in contravention of sections 1, 2 or 2A(1) of this Act, or
  2. (b) as mentioned in section 3(1)(a) of this Act, shall be guilty of an offence.

(2) In this section "broadcasting station" means any business or other operation (whether or not in the nature of a commercial venture) which is engaged in the making of broadcasts."

5.—(1) Section 4 (prohibition of acts facilitating broadcasting from ships, aircraft etc.) shall be amended as follows.

(2) In subsection (1), after paragraph (a) insert— (aa) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from any structure or other object (not being a ship or aircraft) in waters falling within section 2(3)(c) of this Act, he does the act on that structure or other object within those waters; or (ab) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from a ship in contravention of section 2A(1) of this Act, he does the act in that ship within any such area of the high seas as is mentioned in paragraph (a) of that provision; or".

(3) In subsection (3)(e), for "or 2(1)" substitute ", 2(1) or 2A(1)".

6.—(1) Section 5 (prohibition of acts relating to matter broadcast from ships, aircraft etc.) shall be amended as follows.

(2) In subsection (1), after paragraph (a) insert— (aa) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from any structure or other object (not being a ship or aircraft) in waters falling within section 2(3)(c) of this Act, he does the act on that structure or other object within those waters; or (ab) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from a ship in contravention of section 2A(1) of this Act, he does the act in that ship within any such area of the high seas as is mentioned in paragraph (a) of that provision; or".

(3) In subsections (3)(a) and (4), for "or 2(1)", in each place where those words occur, substitute ", 2(1) or 2A(1)".

7.—(1) Section 6 (penalties and legal proceedings) shall be amended as follows. (2) In subsection (1)(a), for "three" substitute "six". (3) In subsection (5), for "on behalf or', in both places where those words occur, substitute "with the consent of the Secretary of State or".

8. After section 7 insert the following section