Page:Broadcasting Act 19810068 en.pdf/65

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Broadcasting Act 1981
c. 68
61

The paged version of this document contained the following header content in the margin: Part IV

(3) For the purposes of this Act—

(a) a person shall not be regarded as carrying on business as an advertising agent, or as acting as such an agent, unless he carries on a business involving the selection and purchase of advertising space or time for persons wishing to advertise;

(b) a person who carries on such a business shall be regarded as carrying on business as an advertising agent irrespective of whether he is in law the agent of those for whom he acts;

(c) a person who is the proprietor of a newspaper shall not be regarded as carrying on business as an advertising agent by reason only that he makes arrangements on behalf of advertisers whereby advertisements appearing in the newspapers are also to appear in one or more other newspapers; and

(d) a company or other body corporate shall not be regarded as carrying on business as an advertising agent by reason only that its objects or powers include or authorise that activity; and any reference in this Act to an advertising agency shall be construed accordingly.

(4) References in this Act to programmes or television programmes or to programme contractors have effect in relation to teletext transmissions and teletext contractors respectively subject to the provisions of section 14(4) and (5) and Schedule 3.

Power to repeal provisions of Act which relate to television in Wales

64.—(1) The Secretary of State may by order

(a) repeal as from a specified date so much of this Act as re-enacts Part III of the Broadcasting Act, 1980[1] (including Schedules 1 and 2 of that Act); and

(b) make such modifications of so much of this Act as reenacts Parts II and V of that Act as be thinks appropriate for securing that as from that date there are suitable arrangements for the broadcasting of television programmes for reception in Wales, and in particular of television programmes in Welsh.

(2) Without prejudice to the generality of subsection (1)(b), an order under this section may modify so much of this Act as is there mentioned by the addition of provisions whose purpose is—

(a) to require the Authority to ensure that the programmes

  1. 1980 c.4