Broadcasting Act 1996 (British Broadcasting Corporation-Transmission
Network) (Jersey) Order 1997
Jersey Order in
Council 31/1997
THE BROADCASTING
ACT 1996 (BRITISH BROADCASTING CORPORATION-TRANSMISSION NETWORK) (JERSEY) ORDER
1997
____________
(Registered on the 8th day of
August 1997)
____________
At the
Court at Buckingham Palace
____________
22nd July 1997
____________
PRESENT
The
Queen’s Most Excellent Majesty in Council
____________
HER MAJESTY,
in exercise of the powers conferred upon Her by section 150(4) of the Broadcasting Act 1996, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows –
1. This
Order may be cited as the Broadcasting Act 1996 (British Broadcasting
Corporation-Transmission Network) (Jersey) Order 1997 and shall come into force
on 22nd August 1997.
2. Sections
131 to 133, 147(1) and 150(1) of, and Schedule 5 to, the Broadcasting Act 1996 shall extend, with the modifications specified in the Schedule to
this Order, to the Bailiwick of Jersey.
3. Any
reference in the Schedule to this Order to Jersey is a reference to the
Bailiwick of Jersey.
N.H. NICHOLLS
Clerk of the
Privy Council.
SCHEDULE
(Article 2)
MODIFICATIONS
SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO JERSEY
1. In
section 147(1), omit the words from “ “the
1990 Act” ” to “1990;”.
2. In
Schedule 5 –
(a) omit paragraph 1(6);
(b) omit paragraph 4(3) and (4);
(c) omit
paragraph 4(5)(b);
(d) in paragraph 4(6), for
“Sub-paragraphs (2) to (4)” substitute “Sub-paragraph (2)”;
(e) in paragraph 6(3), after “the
law” insert “of Jersey or”;
(f) in paragraph 6(6), after
“United Kingdom”
insert “and Jersey”;
(g) in paragraph 8(6), for the words
from “determined–” onwards substitute the words
“determined by an arbitrator appointed by the Bailiff”;
(h) For sub-paragraph (2) of
paragraph 10, substitute –
“(2) In sub-paragraph (1),
“transfer” includes –
(a) any transfer effected by or under
an agreement or instrument entered into or executed in pursuance of an
obligation contained in a transfer scheme by virtue of paragraph 2(1)(g);
(b) the creation of interests, rights
or liabilities by or under any such agreement or instrument; and
(c) the creation of interests, rights
or liabilities by virtue of any provision contained in a transfer scheme by
virtue of paragraph 2;
and references to
a transfer in accordance with a transfer scheme (or any description of transfer
scheme) shall be construed accordingly.”.
BROADCASTING ACT
1996
1996 CHAPTER 55
|
ARRANGEMENT OF
SECTIONS
|
|
PART I
|
|
DIGITAL TERRESTRIAL TELEVISION
BROADCASTING
|
|
* * * * * * *
|
|
PART II
|
|
DIGITAL TERRESTRIAL SOUND
BROADCASTING
|
|
* * * * * * *
|
|
PART III
|
|
AMENDMENTS OF THE BROADCASTING
ACT 1990
|
|
* * * * * * *
|
|
PART IV
|
|
SPORTING AND OTHER EVENTS OF
NATIONAL INTEREST
|
|
* * * * * * *
|
|
PART V
|
|
THE BROADCASTING STANDARDS
COMMISSION
|
|
* * * * * * *
|
|
PART VI
|
|
THE BRITISH BROADCASTING
CORPORATION
|
|
Transfer of property, rights and
liabilities relating to BBC transmission network
|
|
Section
|
|
131.
|
Power
of BBC to make transfer schemes relating to its transmission network.
|
|
132.
|
Powers
of Secretary of State in relation to transfer schemes.
|
|
133.
|
Agreements
with respect to transfer schemes.
|
|
134.
|
*
* * * *
|
|
135.
|
*
* * * *
|
|
Services provided by BBC
companies
|
|
136.
|
*
* * * *
|
|
PART VII
|
|
COPYRIGHT AND RELATED MATTERS
|
|
* * * * * * *
|
|
PART VIII
|
|
MISCELLANEOUS AND GENERAL
|
|
Standards for transmission
systems
|
|
142.
|
*
* * * *
|
|
Disqualification on grounds
relating to political objects
|
|
143.
|
*
* * * *
|
|
Provision of false information,
etc.
|
|
144.
|
*
* * * *
|
|
145.
|
*
* * * *
|
|
146.
|
*
* * * *
|
|
General
|
|
147.
|
General
interpretation.
|
|
148.
|
*
* * * *
|
|
149.
|
*
* * * *
|
|
150.
|
Short
title and extent.
|
|
SCHEDULES
|
|
Schedule 1* * * * *
|
|
Schedule 2* * * * *
|
|
Schedule 3* * * * *
|
|
Schedule 4* * * * *
|
|
Schedule 5 Transfer schemes relating to BBC transmission
network: supplementary provisions.
|
|
Schedule 6* * * * *
|
|
Schedule 7* * * * *
|
|
Schedule 8* * * * *
|
|
Schedule 9* * * * *
|
|
Schedule 10* * * * *
|
|
Schedule 11* * * * *
|
ELIZABETH II
1996 CHAPTER 55
AN
ACT to make new
provision about the broadcasting in digital form of television and sound programme services and the broadcasting in that form on
television or radio frequencies of other services; to amend the Broadcasting Act 1990; to make provision about rights to televise sporting or other
events of national interest; to amend in other respects the law relating to the
provision of television and sound programme services;
to provide for the establishment and functions of a Broadcasting Standards
Commission and for the dissolution of the Broadcasting Complaints Commission
and the Broadcasting Standards Council; to make provision for the transfer to
other persons of property, rights and liabilities of the British Broadcasting
Corporation relating to their transmission network; and for connected purposes.
[24th July 1996]
BE
IT ENACTED by the
Queen’s Most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows –
PART I
DIGITAL TERRESTRIAL TELEVISION BROADCASTING
* * * * * * *
PART II
DIGITAL TERRESTRIAL SOUND BROADCASTING
* * * * * * *
PART III
AMENDMENTS OF THE BROADCASTING ACT 1990
* * * * * * *
PART IV
SPORTING AND OTHER EVENTS OF NATIONAL INTEREST
* * * * * * *
PART V
THE BROADCASTING STANDARDS COMMISSION
* * * * * * *
PART VI
THE BRITISH BROADCASTING CORPORATION
Transfer of property, rights and liabilities relating to BBC
transmission network
Power of BBC to
make transfer schemes relating to its transmission network
131.-(1) The BBC may make a scheme or schemes
providing for the transfer to any person or persons of such property, rights
and liabilities of the BBC as are specified in, or determined in accordance
with the scheme, being property, rights and liabilities which, immediately
before the day on which the scheme comes into force, subsist for the purposes
of or in connection with or are otherwise attributable to the BBC transmission
network.
(2) In subsection (1) “the BBC
transmission network” means so much of the undertaking of the BBC as is
concerned with the provision of broadcasting transmission services or services
related to those services.
(3) In this Part “transfer
scheme” means a scheme made under subsection (1).
(4) Schedule 5 shall have effect
with respect to transfer schemes.
Powers of
Secretary of State in relation to transfer schemes
132.-(1) A transfer scheme shall not take effect
unless it is approved by the Secretary of State; and where such a scheme is
submitted to the Secretary of State for his approval, he may modify the scheme
before approving it.
(2) Subject to subsection (3), the
Secretary of State shall not approve a transfer scheme containing any provision
in accordance with which any person other than a wholly-owned subsidiary of the
BBC becomes entitled or subject to any property, rights and liabilities unless
it appears to the Secretary of State that the person has consented to the
provisions of the scheme so far as they relate to him.
(3) Subsection (2) shall not require
the consent of any person to so much of a transfer scheme as –
(a) relates to property, rights or
liabilities to which that person is already entitled or subject, and
(b) appears to the Secretary of State
to be made for purposes that are no more than supplemental or incidental to the
other provisions of the scheme.
(4) Before –
(a) declining to approve a transfer
scheme, or
(b) modifying such a scheme,
the Secretary of
State shall consult the BBC and every person who is a transferee under the
scheme.
(5) It shall be the duty of the BBC and
every person who is a transferee under a transfer scheme to provide the
Secretary of State with all such information and other assistance as he may
reasonably require for the purposes of, or in connection with, the exercise of
any power conferred on him by this paragraph.
(6) In this section “wholly-owned
subsidiary” has the meaning given by section 736 of the Companies Act 1985.
Agreements with
respect to transfer schemes
133.-(1) The BBC may enter into any such
agreement with another person as they think fit for the purpose of accepting or
imposing contractual obligations with respect to, or to anything connected
with, the manner in which their powers by virtue of section 131 are to be exercised.
(2) Any agreement may, in particular,
provide for the making of payments, or the issue of shares or securities, to
the BBC (by way of consideration or otherwise) in respect of anything created
or transferred in accordance with a transfer scheme.
(3) The consent of the Secretary of
State shall be required for the making by the BBC of an agreement under this
section.
134. * * * * * * *
135. * * * * * * *
136. * * * * * * *
PART VII
COPYRIGHT AND RELATED MATTERS
137. * * * * * * *
138. * * * * * * *
139. * * * * * * *
140. * * * * * * *
141. * * * * * * *
PART VIII
MISCELLANEOUS AND GENERAL
142. * * * * * * *
143. * * * * * * *
144. * * * * * * *
145. * * * * * * *
146. * * * * * * *
General
interpretation
147.-(1) In this Act –
* * *
“the
BBC” means the British Broadcasting Corporation.
(2) * * * * *
148. * * * * * * *
149. * * * * * * *
Short title and
extent
150.-(1) This Act may be cited as the Broadcasting Act 1996.
(2) * * * * *
(3) * * * * *
(4) * * * * *
SCHEDULES
SCHEDULE 1
* * * * * * *
SCHEDULE 2
* * * * * * *
SCHEDULE 3
* * * * * * *
SCHEDULE 4
* * * * * * *
SCHEDULE 5
TRANSFER SCHEMES
RELATING TO BBC TRANSMISSION NETWORK: SUPPLEMENTARY PROVISIONS
Contents and
effect of scheme
1.-(1) A transfer scheme may define the
property, rights and liabilities to be transferred to a particular person
–
(a) by specifying or describing the
property, rights and liabilities in question.
(b) by referring to all (or all but so
much as may be excepted) of the property, rights and liabilities comprised in a
specified part of the BBC’s undertaking, or
(c) partly in one way and partly in the
other.
(2) A transfer scheme shall appoint the
day on which it is to come into force.
(3) This Act shall have effect, in
relation to any provision of a transfer scheme for the transfer of any
property, rights or liabilities, so as to transfer the property, rights or
liabilities, at the beginning of the day appointed for the coming into force of
the scheme, and without further assurance, from the BBC to the person to whom they
are allocated under the scheme and to vest them in that person; and the
provisions of that scheme in relation to that transfer shall have effect from
that time accordingly.
(4) This Act shall have effect, in
relation to any provision of a transfer scheme for the creation, by virtue of
paragraph 2, of any interest or right, so as to create the specified interests
and rights, at the beginning of the day appointed for the coming into force of
the scheme and without further assurance.
(5) The preceding provisions of this
paragraph shall have effect subject to so much of a transfer scheme as provides
for –
(a) the transfer of any of the
property, rights or liabilities to be transferred in accordance with the
scheme, or
(b) the creation of any of the rights or
interests to be created in accordance with the scheme,
to be effected by
or under any agreement or instrument entered into or executed in pursuance of
an obligation imposed by virtue of paragraph 2(1)(g).
(6) * * * * *
Division of
BBC’s undertaking by scheme
2.-(1) For the purposes of making any such
division as the BBC consider appropriate of any of the property, rights and
liabilities of the BBC between two or more persons (including any division
between the BBC and any one or more other persons), a transfer scheme may
contain provision –
(a) for the creation in favour of the BBC of an interest or right in or in relation
to property transferred in accordance with that scheme to any person,
(b) for the creation, in favour of a person to whom any transfer is made, of an
interest or right in or in relation to property so transferred to another,
(c) for giving effect to a transfer to
any person by the creation, in favour of that person,
of an interest or right in or in relation to property retained by the BBC,
(d) for rights and liabilities to be
transferred so as to be enforceable by or against more than one transferee or
by or against both one or more transferees and the BBC,
(e) for rights and liabilities
enforceable by or against more than one person in accordance with any provision
falling within paragraph (d) to be enforceable in different or modified
respects by or against each or any of them,
(f) for the creation of new
rights and liabilities as between different transferees and as between any
transferee and the BBC, and
(g) without prejudice to paragraph (f),
for imposing on any transferee or the BBC an obligation –
(i) to
enter into such written agreements with any other person on whom any
corresponding obligation is, could be or has been imposed by virtue of this
paragraph of this Schedule (whether in the same or a different scheme), or
(ii) to execute such instruments in favour of any such person,
as may be
specified or described in the scheme.
(2) A transfer scheme may contain such
supplemental and incidental provision with respect to the interests, rights and
liabilities of third parties in relation to anything to which the scheme
relates as the BBC consider to be necessary or expedient for the purposes of
any such division as is mentioned in sub-paragraph (1), or in connection
with anything contained in the scheme by virtue of that sub-paragraph.
(3) The provision that may be contained
in a transfer scheme by virtue of sub-paragraph (2) shall include
provision for interests, rights or liabilities to which any third party is
entitled or subject in relation to anything to which the scheme relates to be
modified in such respects or in such manner as may be specified or determined
under the scheme.
(4) An obligation imposed on any person
by virtue of sub-paragraph (1)(g) shall be enforceable by the bringing, by
any person with or in favour of whom the agreement or
instrument is to be entered into or executed, of civil proceedings for an
injunction or for interdict or for other appropriate relief.
(5) In this paragraph –
(a) references, in relation to a
transfer scheme, to a transferee include references to any person in whose favour any interest or right is created in accordance with
the scheme, and
(b) the reference, in relation to such
a scheme, to a third party is a reference to a person other than –
(i) the
BBC, or
(ii) any person who (apart from any
provision made by virtue of sub-paragraph (1)(e) or (2)) is a transferee.
(6) Sub-paragraphs (2) and (3)
shall be without prejudice to the generality of paragraph 4(1).
Property to which
a scheme may relate
3.-(1) The property, rights and liabilities
that shall be capable of being transferred in accordance with a transfer scheme
shall include –
(a) property, rights and liabilities
that would not otherwise be capable of being transferred or assigned by the
BBC,
(b) rights and liabilities of the BBC
under any agreement or arrangement for the payment of pensions, allowances and
gratuities,
(c) property acquired at a time after the
making of the scheme and before it comes into force, and rights and liabilities
which arise or may arise in respect of anything occurring after the making of
the scheme,
(d) property situated anywhere in the United Kingdom
or elsewhere and rights and liabilities under the law of any part of the United Kingdom
or of any country or territory outside the United Kingdom, and
(e) rights and liabilities under
enactments.
(2) The transfers authorised
by sub-paragraph (1)(a), and the interests and rights that may be created
in accordance with a transfer scheme, include transfers, interests and rights
which are to take effect as if there were –
(a) no such requirement to obtain any
person’s consent or concurrence,
(b) no such liability in respect of a contravention
of any other requirement, and
(c) no such interference with any
interest or right,
as there would
be, in the case of any transaction apart from this Act, by reason of provisions
having effect (whether under any enactment or agreement or otherwise) in
relation to the terms on which the BBC are entitled or subject to any property,
right or liability.
(3) Where apart from this sub-paragraph
any person would have an entitlement, in consequence of anything done or likely
to be done by or under this Act, to terminate, modify, acquire or claim an
interest or right which is vested in the BBC at the passing of this Act or
acquired by the BBC after that time, or to treat any such interest or right as
modified or terminated, then –
(a) for the purposes of the transfer of
the interest or right in accordance with a transfer scheme, that entitlement
shall not be enforceable in relation to that interest or right until after its
transfer in accordance with such a scheme, and
(b) without prejudice to the preceding
provisions of this paragraph or to paragraph 4(2)(a), that entitlement shall be
enforceable in relation to the interest or right after its transfer only in so
far as the scheme contains provision for it to be transferred subject to the
provisions conferring that entitlement.
(4) Subject to sub-paragraphs (5)
and (6), nothing in sub-paragraph (1) or (2) shall enable –
(a) any agreement or instrument entered
into or executed in pursuance of an obligation imposed by virtue of paragraph
2(1)(g), or
(b) anything done under any such
agreement,
to give effect to
any transfer, or to create any interest or right, which could not apart from
this paragraph have been made by or under that agreement or instrument.
(5) A transfer scheme may provide for
–
(a) the transfers to which effect is to
be given by or under any agreement or instrument entered into or executed in
accordance with the scheme, or
(b) the interests or rights that are to
be created by or under any such agreement or instrument,
to include, to
such extent as may be specified in the scheme, any such transfer, interest or
right as is mentioned in sub-paragraph (2).
(6) A transfer scheme may provide that
sub-paragraph (3) shall apply in relation to the provisions of any
agreement or instrument which is to be entered into or executed in accordance
with the scheme, and in relation to any proposal for such an agreement or for
the execution of such an instrument, as if the reference in sub-paragraph (3)(b)
to provision contained in the scheme included a reference to provision
contained, in accordance with the scheme, in the agreement or instrument.
Supplemental
provisions of schemes
4.-(1) A transfer scheme may contain
supplemental, incidental, consequential and transitional provision for the
purposes of, or in connection with, any transfer of property, rights or
liabilities for which the scheme provides or in connection with any other
provisions contained in the scheme; and any such provision may include
different provision for different cases or different purposes.
(2) A transfer scheme may, in relation
to transfers in accordance with the scheme, make provision, either generally or
for such purposes as may be specified in the scheme –
(a) for the transferee to be treated as
the same person in law as the BBC,
(b) for agreements made, transactions
effected or other things done by or in relation to the BBC to be treated, so
far as may be necessary for the purposes of or in connection with the
transfers, as made, effected or done by or in relation to the transferee,
(c) for references in any agreement
(whether or not in writing) or in any deed, bond, instrument or other document
to, or to any member or officer of, the BBC to have effect, as far as may be
necessary for the purposes of or in connection with any of the transfers, with
such modifications as are specified in the scheme,
(d) for proceedings commenced by or
against the BBC to be continued by or against the transferee, and
(e) for any such disputes as to the
effect of the scheme as arise between different transferees, or between any
transferee on the one hand and the BBC on the other, to be referred to such
arbitration as may be specified in or determined under the scheme.
(3) * * * * *
(4) * * * * *
(5) In this paragraph –
(a) references to a transfer include references
to the creation in any person’s favour of any
interest or right, and references to a transferee shall be construed
accordingly, and
(b) * * * * *
(6) [Sub-paragraph (2)] shall be
without prejudice to the generality of sub-paragraph (1).
Certificate of
Secretary of State as to vesting of property, etc
5. A
certificate issued by the Secretary of State to the effect that any property,
right or liability of the BBC vested at a particular time in accordance with a
transfer scheme in a person specified in the certificate shall be conclusive
evidence of the matters stated in the certificate.
Duties in
relation to foreign property, etc
6.-(1) It shall be the duty of the BBC and of
any person to whom any foreign property, right or liability is transferred to
take all such steps as may be requisite to secure that the vesting in the
transferee, in accordance with the scheme, of the foreign property, right or
liability is effective under the relevant foreign law.
(2) Until the vesting in the transferee
in accordance with the scheme of any foreign property, right or liability is
effective under the relevant foreign law, it shall be the duty of the BBC to
hold that property or right for the benefit of, or to discharge that liability
on behalf of, the transferee.
(3) Nothing in sub-paragraphs (1)
and (2) shall be taken as prejudicing the effect under the law [of Jersey or]
of any part of the United Kingdom of the vesting in the transferee in
accordance with the scheme of any foreign property, right or liability.
(4) The BBC shall have all such powers
as may be requisite for the performance of their duties under this paragraph,
but it shall be the duty of a person to whom a transfer is made in accordance
with a transfer scheme to act on behalf of the BBC (so far as possible) in
performing the duties imposed on them by this paragraph.
(5) Where –
(a) any foreign property, rights or
liabilities are acquired or incurred by the BBC in respect of any other
property, rights or liabilities, and
(b) by virtue of this paragraph the BBC
hold the other property or rights for the benefit of another person or
discharge the liability on behalf of another person,
the property,
rights or liabilities acquired or incurred are immediately to become property,
rights or liabilities of that other person; and the preceding provisions of
this paragraph shall have effect accordingly in relation to the property,
rights or liabilities acquired or incurred.
(6) References in this paragraph to any
foreign property, right or liability are references to any property, right or
liability as respects which any issue arising in any proceedings would have to
be determined (in accordance with the rules of private international law) by
reference to the law of a country or territory outside the United Kingdom [and
Jersey].
(7) Any expenses incurred by the BBC
under this paragraph shall be met by the person to whom the transfer in
question is made.
(8) Any obligation imposed under this
paragraph shall be enforceable as if contained in a contract between the BBC
and the person to whom the transfer in question is made.
Modification of
scheme by agreement
7.-(1) This paragraph applies where any person
to whom anything has been transferred in accordance with a transfer scheme
agrees in writing with the BBC or another person to whom anything has been
transferred in accordance with that or any other transfer scheme that, for the
purpose of modifying the effect of the scheme or, as the case may be, of
modifying the effect of either or both of the schemes –
(a) any of the property, rights or
liabilities transferred in accordance with the scheme or either of them, and
(b) any or all of the property, rights
or liabilities acquired or incurred since the transfer in respect of the
transferred property, rights or liabilities,
should be
transferred from one to the other as from a date appointed by the agreement.
(2) If –
(a) the agreement is entered into
within the period of twelve months after the time when a transfer in accordance
with a transfer scheme of property, rights or liabilities to any of its parties
comes into force, and
(b) the Secretary of State has given
his approval to the transfer for which the agreement provides and to its terms
and conditions,
then the transfer
for which the agreement provides shall take effect on the date appointed by the
agreement in the like manner as a transfer for which provision is made by a
transfer scheme.
(3) Subject to the approval of the
Secretary of State and to sub-paragraph (4), the provisions that may be
contained in a modification agreement shall include any such provision in
relation to any transfer for which it provides as may be contained, in relation
to any transfer for which a transfer scheme provides, in that scheme.
(4) Nothing in any modification
agreement shall provide for any interests or rights to be created, as opposed
to transferred, except as between persons who are parties to the agreement.
(5) Before –
(a) refusing his approval for the
purposes of this paragraph, or
(b) giving his approval for those purposes
in a case where the BBC are not a party to the proposed agreement,
the Secretary of
State shall consult the BBC.
(6) In this paragraph references to a
transfer in accordance with a transfer scheme include references to the
creation of any interest, right or liability in accordance with such a scheme.
(7) In this paragraph and paragraphs 8
and 9 “modification agreement” means any agreement providing for a
transfer which is to take effect in accordance with sub-paragraph (2).
Compensation
8.-(1) Where, in consequence of any provisions
included in a transfer scheme for the purposes of any such division as is
mentioned in paragraph 2(1), the interests, rights or liabilities of a third
party are modified as mentioned in sub-paragraph (2), the third party shall
be entitled to such compensation as may be just in respect of –
(a) any diminution attributable to that
modification in the value of any of his interests or rights, or
(b) any increase attributable to that
modification in the burden of his liabilities.
(2) The modifications mentioned in
sub-paragraph (1) are modifications by virtue of which –
(a) an interest of the third party in
any property is transformed into, or replaced by –
(i) an
interest in only part of that property, or
(ii) separate interests in different
parts of that property,
(b) a right of the third party against
the BBC is transformed into, or replaced by, two or more rights which do not
include a right which, on its own, is equivalent (disregarding the person
against whom it is enforceable) to the right against the BBC, or
(c) a liability of the third party to
the BBC is transformed into, or replaced by, two or more separate liabilities
at least one of which is a liability enforceable by a person other than the
BBC.
(3) Where –
(a) a third party would, apart from any
provisions of a transfer scheme or paragraph 3(3), have become entitled to, or
to exercise, any interest or right arising or exercisable in respect of the
transfer or creation in accordance with such a scheme of any property, rights
or liabilities, and
(b) the provisions of that scheme or of
paragraph 3(3) have the effect of preventing that person’s entitlement
to, or to exercise, that interest or right from arising on any occasion in
respect of anything mentioned in paragraph (a), and
(c) provision is not made by a transfer
scheme for securing that an entitlement to, or to exercise, that interest or
right or an equivalent interest or right, is preserved or created so as to
arise in respect of the first occasion when corresponding circumstances next
occur after the coming into force of the transfers for which the scheme
provides,
the third party
shall be entitled to such compensation as may be just in respect of the
extinguishment of the interest or right.
(4) A liability to pay compensation
under this paragraph shall fall on the persons not being themselves third
parties who, as the case may be –
(a) have interests in the whole or any
part of the property affected by the modification in question,
(b) are subject to the rights of the
person to be compensated which are affected by the modification in question,
(c) are entitled to enforce the
liabilities of the person to be compensated which are affected by that
modification, or
(d) benefit from the extinguishment of
the entitlement mentioned in sub-paragraph (3),
and that
liability shall be apportioned between those persons in such manner as may be
appropriate having regard to the extent of their respective rights or
liabilities or the extent of the benefit they respectively obtain from the
extinguishment.
(5) Where any liability falls by virtue
of sub-paragraph (4) on the BBC, that sub-paragraph shall have effect
subject to so much of any transfer scheme (including the one which gives rise
to the liability) as makes provision for the transfer of that liability to any
other person.
(6) Any dispute as to whether, or as to
the person by whom, any compensation is to be paid under this paragraph, and
any dispute as to the amount of any compensation to be paid by any person,
shall be referred to and [determined by an arbitrator appointed by the
Bailiff].
(a) * * * * *
(b) * * * * *
(7) This paragraph shall have effect in
relation to the provisions of any agreement or instrument entered into or
executed in pursuance of an obligation imposed by virtue of paragraph 2(1)(g),
and to any modification agreement, as it has effect in relation to the
provisions of a transfer scheme.
(8) In this paragraph “third
party”, in relation to provisions capable of giving rise to compensation
under this paragraph, means any person other than –
(a) the BBC or any of their
wholly-owned subsidiaries (as defined by section 736 of the Companies Act 1985),
(b) the Secretary of State, or
(c) any person whose consent to those
provisions has been given for the purposes of section 132(2) or who has agreed
to those provisions by virtue of being a party to a modification agreement.
Notice to persons
affected by scheme
9.-(1) It shall be the duty of the BBC, where
it appears to them in the case of any transfer scheme or modification agreement
that there are persons whose property, rights or liabilities are affected in a
manner that may give rise to an entitlement to compensation under paragraph 8,
to give notice under this paragraph to every such person.
(2) A notice to be given by the BBC
under this paragraph shall be given as soon as reasonably practicable after
they make the scheme or agreement.
(3) A notice under this paragraph shall
set out the general effect of the scheme or, as the case may be, of the
agreement and shall describe the respects in which it appears to the BBC that
the property, rights or liabilities of the person to whom it is given are
affected.
(4) Where it is not reasonably
practicable for the notice under this paragraph to any person to be given to
that person, the BBC shall, instead, take such steps for publishing the
contents of the notice as they may consider appropriate for the purpose of
bringing the matters to which the notice relates to the attention of that
person.
Consideration for
transfer, etc
10.-(1) A transfer in accordance with a transfer
scheme may be made for consideration or for no consideration and, if it is made
for consideration, the consideration may, in particular, take the form of the
issue of shares or securities.
[(2) In sub-paragraph (1),
“transfer” includes –
(a) any transfer effected by or under
an agreement or instrument entered into or executed in pursuance of an
obligation contained in a transfer scheme by virtue of paragraph 2(1)(g);
(b) the creation of interests, rights or
liabilities by or under any such agreement or instrument; and
(c) the creation of interests, rights
or liabilities by virtue of any provision contained in a transfer scheme by
virtue of paragraph 2;
and references to
a transfer in accordance with a transfer scheme (or any description of transfer
scheme) shall be construed accordingly.]
SCHEDULE 6
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SCHEDULE 7
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SCHEDULE 8
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SCHEDULE 9
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SCHEDULE 10
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SCHEDULE 11
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