Page:Broadcasting Act 19810068 en.pdf/29

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Broadcasting Act 1981
c. 68
25

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is a director or officer of any such body corporate, or is employed by any person who carries on business as an advertising agent; or

(d) being a body corporate, is under the control of any such person as is mentioned in paragraph (a), (b) or (c) of this subsection, or of any two or more such persons together, or has among its directors, officers or servants any person who is a disqualified person otherwise than by virtue of paragraph (a) or (b) of this subsection.

(7) For the purposes of subsection (6)(a)(i) " national ", in relation to the United Kingdom, means a person—

(a) who is a citizen of the United Kingdom and Colonies or a British subject not possessing that citizenship or the citizenship of any other Commonwealth country or territory, who, in either case, has the right of abode in the United Kingdom; or

(b) who is a citizen of the United Kingdom and Colonies by birth or by registration or naturalisation in Gibraltar, or whose father was so born, registered or naturalised.

(8) In subsection (2)(a) " disqualified person ", in relation to contracts for the provision of local sound broadcasts, means a person who either falls within paragraph (a), (b), (c) or (d) of subsection (6) or, being an individual or body corporate, carries on (whether alone or in partnership) a business which (either wholly, or to an extent which in the opinion of the Authority is substantial)—

(a) consists of the manufacture of records or of the publication of musical works, or

(b) consists of promoting the broadcasting of sound recordings or of promoting the broadcasting or performance of musical works, or

(c) consists of obtaining employment for theatrical performers or for persons to take part as performers in programmes broadcast (whether by the Authority or otherwise) by way of television or sound broadcasting,

or has control over any body corporate which carries on such a business, or is a director or officer of any such body corporate, or is employed by any person who carries on such a business.

(9) For the purposes of subsection (8)

(a) " record " and " sound recording " have the same meaning as in the Copyright Act, 1956[1], and references to the publication, broadcasting or performance of musical works shall be construed as if they were contained in that Act; and

(b) " theatrical performer " has the same meaning as in the Theatrical Employers Registration Act, 1925[2]


  1. 1956 c. 74
  2. 1925 c.50