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Amendment of section 71 of Principal Act
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29. Section 71 of the Principal Act is amended—
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(a) in subsection (2), in paragraph (b), by the deletion of “a MMD system,”,
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(b) in subsection (4), by the substitution of “The Commission” for “The Authority, on the recommendation of the Contract Awards Committee,”,
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(c) in subsection (5), in paragraph (a), by the substitution of “media service codes or media service rules” for “broadcasting codes or rules”,
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(d) in subsection (6)—
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(i) by the substitution of the following paragraph for paragraph (a):
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“(a) contains anything referred to in section 46J(1)(c) or (d),”,
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and
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(ii) by the insertion of the following paragraph after paragraph (a):
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“(aa) contains anything which may impair the physical, mental or moral development of children which is not presented in such a way that children will not normally hear or see it, or”,
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(e) by the insertion of the following subsections after subsection (8):
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“(8A) Where under a levy order under section 21 a levy becomes payable in respect of a levy period by a person who, in that period, paid a fee to the Commission under subsection (8), the Commission shall—
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(a) deduct the amount of the fee from the amount payable by that person under the levy order, and
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(b) if the fee paid is more than the amount payable under the levy order, refund to that person so much of the fee as exceeds that amount.
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(8B) Payment of a refund under subsection (8A)(b) shall be deferred for any period for which payment of the amount under the levy order referred to in that paragraph is deferred.”,
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and
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(f) by the insertion of the following subsection after subsection (10):
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“(11) In this section, ‘excepted person’ means a person who is under the jurisdiction of another Member State, and for the purposes of this subsection section 2A applies to a person providing a sound broadcasting service—
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(a) as if references to a media service provider were references to a provider of a sound broadcasting service,
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(b) as if references to audiovisual media service activity were references to activity relating to the sound broadcasting service concerned, and
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(c) as if references to relevant editorial decisions were references to editorial decisions about the sound broadcasting service concerned.”.
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