Certain apparatus to be deemed to be apparatus for wireless telegraphy

HL Deb 30 October 1990 vol 522 cc1799-800

(".—(1) Any apparatus which—

1. (a) is connected to the telecommunication system by means of which a relevant cable service is provided, and
2. (b) is so connected for the purpose of enabling any person to receive any programmes included in that service by means of the reception and immediate re-transmission of programmes included in a television broadcasting service,

shall be deemed for the purposes of the 1949 Act to be apparatus for wireless telegraphy.

(2) Any such apparatus shall, in addition, be deemed for the purposes of—

1. (a) section 1(7) of the 1949 Act (as amended by Part I of Schedule 16 to this Act), and
2. (b) any regulations made by the Secretary of State for the purposes of that provision under section 2 of that Act, to be television receiving apparatus.

(3) In this section "relevant cable service" means a service provided by any person to the extent that it consists in the use of a telecommunication system (whether run by him or by any other person) for the purpose of the delivery, otherwise than by wireless telegraphy, of programmes included in one or more television broadcasting services, where such programmes are so delivered—

1. (a) for simultaneous reception at two or more places in the United Kingdom, or
2. (b) for reception at any place in the United Kingdom for the purpose of being presented there either to members of the public or to any group of persons.

(4) In this section—

• "the 1949 Act" means the Wireless Telegraphy Act 1949;
1800
• "connected" has the same meaning as in the Telecommunications Act 1984;
• "television broadcasting service" means a television broadcasting service within the meaning of Part I of this Act, whether provided by the holder for a licence under that Part or by the BBC or the Welsh Authority.")

The Commons agreed to the above amendment with the following amendment—

6A Line 36, at end insert "(or in accordance with Part II of Schedule 9 to this Act.)".

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6A to Lords Amendment No. 6. This is a technical amendment to ensure that ITV services in the interim period come within the scope of the new clause.

Moved, That the House do agree with the Commons in their Amendment No. 6A to Lords Amendment No. 6.—(Earl Ferrers.)

On Question, Motion agreed to.