Page:Broadcasting Act 19810068 en.pdf/42

38 be computed for the purposes of this section as if the teletext transmissions provided by him were television programmes provided by him in his capacity as a TV programme contractor.

(7) Where an order under section 35 applies to the accounting period of the programme contractor, the amount of the additional payments to be made by him by virtue of subsection (1)(b) or (2)(b) (as the case may be) for that accounting period shall be—

(a) that prescribed by the preceding provisions of this section, or

(b) the amount prescribed by the order, whichever is the greater.

(8) The Secretary of State may with the approval of the Treasury, and after consultation with the Authority, by order amend subsections (4) and (5) of this section so as to increase or reduce any rate, or the number of different rates, or the amount to which any rate applies; and the references in this subsection to a rate include the case where the rate is nil.

Any order under this subsection shall be made by statutory instrument; but no such order shall be made unless a draft of it has been laid before Parliament and approved by resolution of each House.

An order under this subsection shall have effect as respects all additional payments for any accounting period beginning on or after the date on which the order comes into force, whether the contracts under which the additional payments are due were executed before or after the making of the order.

(9) The power of the Secretary of State under subsection (8) to amend subsections (4) and (5) shall include power to amend those subsections as there mentioned—

(a) only in their application in relation to the additional payments mentioned in subsection (1)(b); or

(b) only in their application in relation to the additional payments mentioned in subsection (2)(b); or

(c) differently in their application as mentioned in paragraphs (a) and (b) respectively;

and, in their application in relation to the additional payments mentioned in subsection (1)(b), shall include power to amend those subsections as mentioned in subsection (8)—

(i) only in relation to persons who are TV programme contractors (including persons who are both TV programme contractors and teletext contractors); or

(ii) only in relation to persons who are teletext contractors but are not TV programme contractors; or

(iii) differently in relation to persons within paragraphs (i) and (ii) respectively.