Communications Act 2003

• (d) that the regional news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;

• (e) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other regional programmes that are included in the service consists of programmes broadcast for viewing—

• (i) at peak viewing times; and

• (ii) at times immediately preceding or following those times.

• (2) The regulatory regime for every local Channel 3 service includes the conditions that OFCOM consider appropriate for securing—

• (a) that what appears to OFCOM, in the case of that service, to be a sufficient amount of time is given in the programmes included in the service to what appears to them to be a suitable range of local programmes;

• (b) that, in the case of each part of an area or each community for which the service is provided, the range of local programmes is a range of programmes (including news programmes) which are of particular interest to persons living within that part of that area or to that community;

• (c) that the local programmes included in the service are of high quality;

• (d) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the local programmes included in the service consists of programmes made in the area for which the service is provided;

• (e) that the local news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;

• (f) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other local programmes that are included in the service consists of programmes broadcast for viewing—

• (i) at peak viewing times; and

• (ii) at times immediately preceding or following those times.

• (3) In the case of a local Channel 3 service, the conditions included in the regulatory regime for the service include conditions falling within subsection (1) to the extent only that it appears to OFCOM that the requirements of subsection (1) are not adequately met by conditions falling within subsection (2).

• (4) In the case of a national Channel 3 service in the case of which OFCOM consider that it would be appropriate to impose conditions under this subsection, the regulatory regime for the service includes the conditions that OFCOM consider appropriate for securing—

• (a) that what appears to OFCOM, in the case of that service, to be a sufficient amount of time is given in the programmes included in the service to what appears to them to be a suitable range of programmes (including regional news programmes) which are of particular interest to persons living within particular areas of the United Kingdom;

• (b) that the regional programmes included in the service are of high quality;

• (c) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the regional programmes included in the service consists of programmes made in the area by reference to which they are regional programmes;

• (d) that the regional news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;

• (e) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other regional programmes that are included in the service consists of programmes broadcast for viewing—

• (i) at peak viewing times; and

• (ii) at times immediately preceding or following those times.

• (5) Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.

• (6) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).

• (7) A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes in question.

• (8) In this section—

• “local Channel 3 service” means a regional Channel 3 service the provision of which includes the provision (in pursuance of a determination under section 14(3) of the 1990 Act) of different programmes for different parts of an area or for different communities living within an area;

• “local programme”, in relation to a service provided for different parts of an area or for different communities, means a programme included in that service for any of the parts of that area or for any of those communities, and “local news programme” is to be construed accordingly;

• “peak viewing time”, in relation to a service, means a time determined by OFCOM to be, or to be likely to be, a peak viewing time for that service;

• “programme” does not include an advertisement;

• “regional programme”—in relation to a regional Channel 3 service, means a programme included in that service with a view to its being of particular interest to persons living within the area for which the service is provided;in relation to a national Channel 3 service, means a programme included in that service with a view to its being of particular interest to persons living within a particular area of the United Kingdom;and “regional news programme” is to be construed accordingly.

Regional programme-making for Channel 4

288

• (1) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing in each year—

• (a) that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area;

• (aa) that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;

• (b) that those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes;

• (c) that what appears to OFCOM to be a suitable amount of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 , or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4, is referable to programme production at different production centres outside the M25 area; and

• (d) that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.

• (2) Before imposing a condition under this section, OFCOM must consult C4C.

• (3) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).

• (4) An amount of expenditure is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant amount of the expenditure in question.

• (5) In this section—

• “expenditure”, in relation to a programme, means—expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; orexpenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast; and

• “programme” does not include an advertisement.

• (6) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).

Regional matters in the public teletext service

289

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Networking arrangements for Channel 3

Proposals for arrangements

290

• (1) An application for a regional Channel 3 licence, in addition to being accompanied by the proposals mentioned in section 15(3)(b) of the 1990 Act, must be accompanied by the applicant’s proposals for participating in networking arrangements.

• (2) OFCOM may publish general guidance to applicants for regional Channel 3 licences as to the kinds of proposals which they are likely to consider satisfactory.

• (3) The publication of guidance under subsection (2) is to be in such manner as OFCOM consider appropriate.

• (4) Arrangements are networking arrangements for the purposes of this Part if they—

• (a) apply to all the holders of regional Channel 3 licences;

• (b) provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders of such licences to be , in relation to each holder of such a licence, available for inclusion in one or more qualifying audiovisual services provided by that holder or a person associated with that holder; and

• (c) are made for the purpose of enabling holders of such licences and persons associated with any of those holders to provide qualifying audiovisual services that (taken as a whole) are able to compete effectively with other television programme services and on-demand programme services provided in the United Kingdom.

• (5) Section 362AZ12 (6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (4)(b) and (c) as it applies for the purposes of Part 3A.

• (6) See also section 278B (which makes further provision for the interpretation of this section).

Obligation as to making and continuance of approved arrangements

291

• (1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder does all that he can to ensure that approved networking arrangements are in force whenever—

• (a) the licence holder is providing the licensed service; and

• (b) no networking arrangements imposed by OFCOM under section 292 are in force.

• (2) In this section “approved networking arrangements” means networking arrangements which are for the time being approved by OFCOM in accordance with Schedule 11.

• (3) In paragraph 5 of Schedule 2 to the Competition Act 1998 (c. 41) (exclusion of networking arrangements from Chapter I prohibition), for sub-paragraph (1) there shall be substituted—

(1) The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they— (a) have been approved for the purposes of licence conditions imposed under section 291 of the Communications Act 2003; or (b) are arrangements that have been considered under Schedule 4 to the Broadcasting Act 1990 and fall to be treated as so approved; nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.

• (4) For sub-paragraph (4) of that paragraph there shall be substituted—

(4) In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.

OFCOM’s power to impose arrangements

292

• (1) This section applies on each occasion on which OFCOM—

• (a) are proposing to award one or more regional Channel 3 licences; and

• (b) for that purpose publish a notice under section 15(1) of the 1990 Act.

• (2) OFCOM must—

• (a) determine the date by which the holders of the licences awarded and all other regional Channel 3 providers (if any) must have entered into networking arrangements (the “networking date”); and

• (b) set out that date in that notice.

• (3) The networking date must be the date by which, in OFCOM’s opinion, the networking arrangements must have been entered into if approved networking arrangements are to be fully in force before the persons awarded licences begin to provide their licensed services.

• (4) If—

• (a) no suitable networking arrangements exist by the networking date, or

• (b) the suitable networking arrangements that exist at that date cease to apply to all regional Channel 3 providers on or after that date,

OFCOM may impose on all regional Channel 3 providers the networking arrangements that OFCOM consider appropriate.

• (5) For the purposes of subsection (4) arrangements are suitable networking arrangements if it appears to OFCOM that they—

• (a) have been submitted to them for approval or have been approved by them; and

• (b) will be in force as approved networking arrangements when the persons awarded licences begin to provide their licensed services.

• (6) Arrangements imposed under this section come into force on the date determined by OFCOM.

• (7) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder complies with the provisions of any networking arrangements imposed under this section.

• (8) Where—

• (a) networking arrangements are imposed under this section,

• (b) other networking arrangements are entered into between the licence holders bound by the imposed arrangements, and

• (c) the other arrangements entered into are approved by OFCOM,

the imposed arrangements shall cease to have effect on the coming into force of the other arrangements as approved networking arrangements.

• (9) In this section—

• “approved networking arrangements” has the same meaning as in section 291; and

• “regional Channel 3 providers” means persons who will be licensed to provide regional Channel 3 services and will be providing such services when the licences to be awarded come into force.

Review of approved networking arrangements etc.

293

• (1) It shall be the duty of OFCOM from time to time to carry out general reviews of the networking arrangements (whether approved or imposed by OFCOM) that are in force.

• (2) The first such review must be carried out no later than six months after the date on which the offers made under section 215(1) close or (if those offers close on different dates) the latest of those dates.

• (3) Every subsequent review must be carried out no more than five years after the previous one.

• (4) OFCOM may also, at any other time, carry out a review of whether those arrangements continue to satisfy one of the two competition tests set out in paragraph 6 of Schedule 11.

• (5) If, on a review under this section, OFCOM are satisfied that modifications are required of the networking arrangements for the time being in force, they may—

• (a) require the holders of regional Channel 3 licences to give effect to the modifications proposed by OFCOM; or

• (b) in the case of arrangements imposed by OFCOM, make those modifications themselves.

• (6) OFCOM must not exercise any of their powers under this Act or the 1990 Act so as to modify the requirements imposed on the holder of a regional Channel 3 licence by approved networking arrangements that are already in force except—

• (a) following a review under this section; or

• (b) with the consent of the licence holder.

• (7) The regulatory regime for every Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder does all that he can to ensure that modifications proposed by OFCOM under this section are given effect to.

• (8) In this section “approved networking arrangements” has the same meaning as in section 291.

Supplemental provision about networking arrangements

294

• (1) Schedule 11 (which makes provision about the approval of networking arrangements and the imposition or modification of such arrangements) shall have effect.

• (2) The obligations arising under conditions imposed in accordance with sections 291 to 293 are subject to the rights of appeal conferred by that Schedule.

Special obligations for Channel 4

Involvement of C4 Corporation in programme-making

295

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Schools programmes on Channel 4

296

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Channel 4 contribution towards national television archive

297

• (1) Section 185 of the 1990 Act (contributions towards maintenance of the national television archive) shall be amended as follows.

• (2) In subsections (1) and (3), after “Channel 3” there shall be inserted “ , Channel 4 ”.

• (3) In subsection (5), at the end there shall be inserted—

“Channel 4 licence” means— (a) the licence referred to in section 231(1)(b) of the Communications Act 2003; and (b) a licence renewing that licence on the first or any subsequent occasion.

• (4) This section has effect in relation only to financial years beginning after the television transfer date.

...

Conditions prohibiting interference with other services

298

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Sporting and other events of national interest

Categorisation of listed events

299

• (1) For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there shall be substituted—

(1) The Secretary of State may, for the purposes of this Part, maintain a list of sporting and other events of national interest, and an event for the time being included in the list is referred to in this Part as a “listed event”. (1A) A list maintained under subsection (1) must be divided into two categories, and those categories are referred to in this Part as “Group A” and “Group B”. (1B) Each listed event must be allocated either to Group A or to Group B. (2) Before drawing up such a list, or revising or ceasing to maintain it, the Secretary of State must consult— (a) OFCOM, (b) the BBC, (c) the Welsh Authority, and (d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired. (2A) For the purposes of subsection (2)(d), a relevant event is an event which the Secretary of State proposes— (a) to include in a list maintained under subsection (1), (b) to omit from such a list, or (c) to move from one category in such a list to the other.

• (2) In subsection (3)(b) of that section, the words “by the Commission” and “by them” shall be omitted.

• (3) In subsection (5) of that section—

• (a) for the words “addition of any relevant event to” there shall be substituted “ inclusion of any event in ”; and

• (b) in paragraph (a), for “addition” there shall be substituted “ inclusion ”.

• (4) After that subsection, there shall be inserted—

(5A) The allocation or transfer of an event to group A does not affect the validity of a contract entered into before the day on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed allocation or transfer. (5B) The Secretary of State may direct that, for the transitional purposes set out in the direction, the transfer of a Group B event to Group A is not to affect the application to that event of provisions of this Part relating to a Group B event.

Effects of categorisation of listed events

300

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Code relating to listed events

301

• (1) For subsection (1) of section 104 of the 1996 Act (code in relation to listed events) there shall be substituted—

(1) OFCOM shall draw up, and may from time to time revise, a code giving guidance— (a) as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1); and (b) as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations about coverage of listed events

302

• (1) After section 104 of the 1996 Act there shall be inserted—

(104ZA) (1) OFCOM may make regulations for determining for the purposes of this Part— (a) the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live; (b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and (c) the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage. (2) The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B. (3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.

• (2) In section 105(1) (interpretation of Part 4), before the definition of “Channel 4” there shall be inserted—

“adequate alternative coverage” and “live” are to be construed in accordance with any regulations under section 104ZA;

.

Television services for people with disabilities

Code relating to provision for the deaf and visually impaired

303

• (1) It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to—

• (a) the extent to which the services to which this section applies should promote the understanding and enjoyment by people with disabilities, in particular—

• (i) persons who are deaf or hard of hearing,

• (ii) persons who are blind or partially-sighted, and

• (iii) persons with a dual sensory impairment,

of the programmes to be included in such services; and

• (b) the means by which such understanding and enjoyment should be promoted.

• (1A) The code must include provision—

• (a) encouraging providers of services to which this section applies to develop accessibility action plans with a view to continuously and progressively making such services more accessible to people with disabilities;

• (b) requiring such action plans to be notified to OFCOM;

• (c) requiring providers of services to report annually to OFCOM about the accessibility of such services to people with disabilities.

• (2) The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.

• (3) The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (4) and (5), respectively, must be fulfilled by reference to averages computed over each of the following—

• (a) the twelve month period beginning with the anniversary in question; and

• (b) every twelve month period ending one week after the end of the previous period for which an average fell to be computed.

• (4) The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which—

• (a) is a service to which this section applies, and

• (b) has a relevant date after the passing of this Act,

as consists of programmes that are not excluded programmes must be accompanied by subtitling.

• (5) The obligations to be fulfilled from the tenth anniversary of the relevant date are—

• (a) that at least 90 per cent. of so much of a Channel 3 service or of Channel 4 as consists of programmes that are not excluded programmes must be accompanied by subtitling;

• (b) that at least 80 per cent. of so much of every other service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by subtitling;

• (c) that at least 10 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind; and

• (d) that at least 5 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be presented in, or translated into, sign language.

• (6) A reference in subsection (4) or in any paragraph of subsection (5) to excluded programmes is a reference to programmes of the description for the time being set out under subsection (7) in relation to that subsection or paragraph and also in relation to the service in question.

• (7) The code must set out, in relation to subsection (4) and each of the paragraphs of subsection (5), the descriptions of programmes that OFCOM consider should be excluded programmes for the purposes of the requirement contained in that subsection or paragraph.

• (8) In complying with subsection (7), OFCOM must have regard, in particular, to—

• (a) the extent of the benefit which would be conferred by the provision of assistance for disabled people in relation to the programmes;

• (b) the size of the intended audience for the programmes;

• (c) the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case;

• (d) the extent to which members of the intended audience for the programmes are resident in places outside the United Kingdom;

• (e) the technical difficulty of providing the assistance; and

• (f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), of providing the assistance.

• (9) The exclusions that may be set out in the code under subsection (7)—

• (a) may include different descriptions of programmes in relation to different services to which this section applies; and

• (b) in the case of a service which OFCOM are satisfied (having regard to the matters mentioned in subsection (8)) is a special case, may include all the programmes included in the service.

• (10) The requirements that may be imposed by the code include, in particular—

• (a) requirements on persons providing services to which this section applies to meet interim targets falling within subsection (11), from dates falling before an anniversary mentioned in subsection (3);

• (b) requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (5); and

• (c) requirements with respect to the provision of assistance for disabled people in relation to excluded programmes, or in relation to a particular description of them.

• (11) The interim targets mentioned in subsection (10)(a) are the targets with respect to the provision of assistance for disabled people which OFCOM consider it appropriate to impose as targets on the way to meeting the targets imposed in pursuance of subsection (3).

• (12) This section applies to the following services—

• (a) S4C Digital or any other television programme service provided by S4C for broadcasting in digital form so as to be available for reception by members of the public;

• (b) any licensed public service channel;

• (c) a digital television programme service but not an electronic programme guide;

• (d) a television licensable content service but not an electronic programme guide;

• (e) a restricted television service.

• (13) In this section—

• “electronic programme guide” means a service which—is or is included in a television licensable content service or a digital television programme service; andconsists of—the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; anda facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;

• “programme” does not include an advertisement.

Procedure for issuing and revising code under s. 303

304

• (1) Before drawing up a code under section 303 or reviewing or revising it in pursuance of that section, OFCOM must consult—

• (a) such persons appearing to them to represent the interests of people with disabilities as OFCOM think fit; and

• (b) such persons providing services to which that section applies as OFCOM think fit.

• (2) OFCOM must publish the code drawn up under section 303, and every revision of it, in such manner as, having regard to the need to make the code or revision accessible to people with disabilities, in particular—

• (a) persons who are deaf or hard of hearing,

• (b) persons who are blind or partially sighted, and

• (c) persons with a dual sensory impairment,

they consider appropriate.

Meaning of “relevant date” in s. 303

305

• (1) In relation to a service, the relevant date for the purposes of section 303 is—

• (a) in a case to which any of subsections (2) to (4) applies, the date given by that subsection; and

• (b) in any other case, the date (whether before or after the passing of this Act) when the provision of that service began or begins.

• (2) In the case of a service the provision of which began before the television transfer date but which is not—

• (a) a service provided by S4C,

• (b) a licensed public service channel, or

• (c) a digital television programme service,

the relevant date is the date of the coming into force of this section.

• (3) In the case of—

• (a) a Channel 3 service the provision of which began before the date of the passing of this Act, and

• (b) Channel 4 and S4C Digital,

the relevant date is 1st January 2000.

• (4) In the case of Channel 5, so far as it consists of a service the provision of which began before the date of the passing of this Act, the relevant date is 1st January 1998.

• (5) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 303 and this section as a continuation of a service previously provided by him.

Power to modify targets in s. 303

306

• (1) Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 303(4) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 303 so as to do one or both of the following—

• (a) increase the percentage so specified in relation to services of that description;

• (b) substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services.

• (2) The Secretary of State may by order modify section 303 so as to do one or both of the following—

• (a) substitute a later anniversary for the anniversary by which the obligations specified in subsection (5) of that section must be fulfilled;

• (b) substitute a higher percentage for the percentage for the time being specified in any paragraph of that subsection.

• (3) The provision that may be made by an order under this section includes—

• (a) modifications for requiring the code to set out additional obligations to be fulfilled once the obligations previously required to be set out in the code have been fulfilled; and

• (b) savings for the obligations previously set out in the code.

• (4) Before making an order under this section the Secretary of State must consult OFCOM.

• (5) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Observance of code under s. 303

307

• (1) The regulatory regime for every service to which this section applies includes the conditions that OFCOM consider appropriate for securing that the code maintained by them under section 303 is observed in the provision of those services.

• (2) This section applies to every service to which section 303 applies which is licensed by a Broadcasting Act licence.

Assistance for the visually impaired with the public teletext service

308

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Programming quotas for digital television programme services

Quotas for independent programmes

309

• (1) The regulatory regime for every digital television programme service that is not comprised in a licensed public service channel includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 10 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes included in the service is allocated to the broadcasting of a range and diversity of independent productions.

• (2) In subsection (1)—

• (a) the reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of that subsection;

• (b) the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of that subsection; and

• (c) the reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.

• (3) The Secretary of State may by order amend subsection (1) by substituting a different percentage for the percentage for the time being specified in that subsection.

• (4) Before making an order under this section the Secretary of State must consult OFCOM.

• (5) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (6) In this section “programme” does not include an advertisement.

Regulation of electronic programme guides

Code of practice for electronic programme guides

310

• (1) It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to the practices to be followed in the provision of electronic programme guides.

• (2) The practices required by the code must include the giving, in the manner provided for in the code, of such degree of prominence as OFCOM consider appropriate to—

• (a) the listing or promotion, or both the listing and promotion, for members of its intended audience, of the programmes included in each public service channel; and

• (b) the facilities, in the case of each such channel, for members of its intended audience to select or access the programmes included in it.

• (3) The practices required by the code must also include the incorporation of such features in electronic programme guides as OFCOM consider appropriate for securing that persons with disabilities , in particular those affecting their sight or hearing or both —

• (a) are able, so far as practicable, to make use of such guides for all the same purposes as persons without... disabilities; and

• (b) are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the programmes listed or promoted.

• (4) Subject to subsection (5), in subsection (2) the reference to the public service channels is a reference to any of the following—

• (a) any service of television programmes provided by the BBC in digital form so as to be available for reception by members of the public;

• (b) any Channel 3 service in digital form;

• (c) Channel 4 in digital form;

• (d) Channel 5 in digital form;

• (e) S4C Digital;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) a local digital television programme service;

• (h) a simulcast local service.

• (5) The Secretary of State may by order—

• (a) add any programme service to the services for the time being specified in subsection (4) as public service channels; or

• (b) delete a service from that subsection.

• (6) Before making an order under subsection (5) the Secretary of State must consult OFCOM.

• (7) In this section “intended audience”, in relation to a service of any description, means—

• (a) if the service is provided only for a particular area or locality of the United Kingdom, members of the public in that area or locality;

• (b) if it is provided for members of a particular community, members of that community; and

• (c) in any other case, members of the public in the United Kingdom.

• (8) In this section “electronic programme guide” means a service which consists of—

• (a) the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and

• (b) a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide.

• (9) In this section “local digital television programme service” means any service which falls within a description of service in relation to which provision is for the time being made under section 244 (local digital television services).

• (10) In this section “simulcast local service” means a service provided in digital form and corresponding to a local digital television programme service.

• (11) For the purposes of subsection (10), a service corresponds to a local digital television programme service (“the relevant service”) if all of the programmes included in the relevant service are provided at the same time on both services.

Conditions to comply with code under s. 310

311

• (1) The regulatory regime for every service consisting in or including an electronic programme guide includes whatever conditions (if any) OFCOM consider appropriate for securing that the code maintained by them under section 310 is observed in the provision of those services.

• (2) In this section “electronic programme guide” has the same meaning as in section 310.

Character and coverage of radio services

Character and coverage of sound broadcasting services

312

• (1) Section 106 of the 1990 Act (requirements as to character and coverage of local and national radio services) shall be amended as follows.

• (2) In subsection (1), the words from “except” onwards shall be omitted.

• (3) After subsection (1) (duty to ensure character preserved subject to departures that do not restrict service) there shall be inserted—

(1A) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied— (a) that the departure would not substantially alter the character of the service; (b) that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided; (c) that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or (d) that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure. (1B) The matters to which OFCOM must have regard in determining for the purposes of this section the character of a service provided under a local licence include, in particular, the selection of spoken material and music in programmes included in the service.

• (4) For subsection (5) (restriction on power to extend licence to new area or locality) there shall be substituted—

(5) OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them— (a) that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or (b) that the increase that would result is justifiable in the exceptional circumstances of the case.

• (5) After subsection (6) of that section there shall be inserted—

(7) In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003— (a) sound broadcasting services; (b) radio licensable content services; (c) additional services; but, in relation to a departure from the character of a service provided under a local licence, does not include a service that is provided otherwise than wholly or mainly for reception by persons living and working in the area or locality in question.

Consultation about change of character of local services

313

After section 106 of the 1990 Act there shall be inserted—

(106ZA) (1) Before deciding for the purposes of a condition imposed under subsection (1A) of section 106 whether to consent to a departure from the character of a service provided under a local licence on any of the grounds mentioned in paragraphs (b) to (d) of that subsection, OFCOM must publish a notice specifying— (a) the proposed departure; and (b) the period in which representations may be made to OFCOM about the proposal. (2) That period must end not less than 28 days after the date of publication of the notice. (3) The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure. (4) OFCOM— (a) are not required to publish a notice under this section, and (b) may specify a period of less than 28 days in such a notice as the period for representations, if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder. (5) OFCOM are not required under this section— (a) to publish any matter that is confidential in accordance with subsection (6) or (7); or (b) to publish anything that it would not be reasonably practicable to publish without disclosing such a matter. (6) A matter is confidential under this subsection if— (a) it relates specifically to the affairs of a particular body; and (b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body. (7) A matter is confidential under this subsection if— (a) it relates specifically to the private affairs of an individual; and (b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

Local content and character of local sound broadcasting services

314

• (1) A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for—

• (a) requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and

• (b) requiring that local news to consist of or include locally-gathered news.

• (1A) But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case.

• (2) OFCOM must—

• (a) draw up guidance as to how they consider the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1); and

• (b) have regard to that guidance in carrying out their functions under subsection (1).

• (3) The guidance may be different for different descriptions of services.

• (4) OFCOM may revise the guidance from time to time.

• (5) Before drawing up or revising the guidance, OFCOM must consult—

• (a) such persons as appear to them to represent the interests of persons for whom local sound broadcasting services are or would be provided;

• (b) persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both; and

• (c) such other persons as they consider appropriate.

• (6) OFCOM must publish the guidance and every revision of it in such manner as they consider appropriate.

• (7) In this section—

• ...

• “local news and information”, in relation to a local sound broadcasting service, means news and information which is of particular interest—to persons living or working within the area or locality for which the service is provided;to persons living or working within a part of that area or locality; orto particular communities living or working within that area or locality or a part of it;

• “locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means—news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, orif there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business;and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section;

• ... and

• “programme” does not include an advertisement.

• (8) References in this section to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variations of radio multiplex licences affecting service characteristics

315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competition between licensed providers etc.

Conditions relating to competition matters

316

• (1) The regulatory regime for every licensed service includes the conditions (if any) that OFCOM consider appropriate for ensuring fair and effective competition in the provision of licensed services or of connected services.

• (2) Those conditions must include the conditions (if any) that OFCOM consider appropriate for securing that the provider of the service does not—

• (a) enter into or maintain any arrangements, or

• (b) engage in any practice,

which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services.

• (3) A condition imposed under this section may require a licence holder to comply with one or both of the following—

• (a) a code for the time being approved by OFCOM for the purposes of the conditions; and

• (b) directions given to him by OFCOM for those purposes.

• (4) In this section—

• “connected services”, in relation to licensed services, means the provision of programmes for inclusion in licensed services and any other services provided for purposes connected with, or with the provision of, licensed services; and

• “licensed service” means a service licensed by a Broadcasting Act licence.

Exercise of Broadcasting Act powers for a competition purpose

317

• (1) This section applies to the following powers of OFCOM (their “Broadcasting Act powers”)—

• (a) their powers under this Part of this Act and under the 1990 Act and the 1996 Act to impose or vary the conditions of a Broadcasting Act licence;

• (b) every power of theirs to give an approval for the purposes of provision contained in the conditions of such a licence;

• (c) every power of theirs to give a direction to a person who is required to comply with it by the conditions of such a licence; and

• (d) every power of theirs that is exercisable for the purpose of enforcing an obligation imposed by the conditions of such a licence.

• (2) Before exercising any of their Broadcasting Act powers for a competition purpose, OFCOM must consider whether a more appropriate way of proceeding in relation to some or all of the matters in question would be under the Competition Act 1998 (c. 41).

• (3) If OFCOM decide that a more appropriate way of proceeding in relation to a matter would be under the Competition Act 1998, they are not, to the extent of that decision, to exercise their Broadcasting Act powers in relation to that matter.

• (4) If OFCOM have decided to exercise any of their Broadcasting Act powers for a competition purpose, they must, on or before doing so, give a notification of their decision.

• (5) A notification under subsection (4) must—

• (a) be given to such persons, or published in such manner, as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by their decision; and

• (b) must describe the rights conferred by subsection (6) on the persons affected by that decision.

• (6) A person affected by a decision by OFCOM to exercise any of their Broadcasting Act powers for a competition purpose may appeal to the Competition Appeal Tribunal against so much of that decision as relates to the exercise of that power for that purpose.

• (7) Sections 192(3) to (5), (7) and (8), 194A and 196 apply in the case of an appeal under subsection (6) as they apply in the case of an appeal under section 192(2).

• (8) The jurisdiction of the Competition Appeal Tribunal on an appeal under subsection (6) excludes—

• (a) whether OFCOM have complied with subsection (2); and

• (b) whether any of OFCOM’s Broadcasting Act powers have been exercised in contravention of subsection (3);

and, accordingly, those decisions by OFCOM on those matters fall to be questioned only in proceedings for judicial review.

• (9) For the purposes of this section a power is exercised by OFCOM for a competition purpose if the only or main reason for exercising it is to secure that the holder of a Broadcasting Act licence does not—

• (a) enter into or maintain arrangements, or

• (b) engage in a practice,

which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services.

• (10) Nothing in this section applies to—

• (a) the exercise by OFCOM of any of their powers under sections 290 to 294 or Schedule 11;

• (b) the exercise by them of any power for the purposes of any provision of a condition included in a licence in accordance with any of those sections;

• (c) the exercise by them of any power for the purpose of enforcing such a condition.

• (11) In subsection (9) “connected services” and “licensed service” each has the same meaning as in section 316.

• (12) References in this section to the exercise of a power include references to an exercise of a power in pursuance of a duty imposed on OFCOM by or under an enactment.

Review of powers exercised for competition purposes

318

• (1) It shall be the duty of OFCOM, at such intervals as they consider appropriate, to carry out a review of so much of each of the following as has effect for a competition purpose—

• (a) every code made or approved by them under or for the purposes of a broadcasting provision;

• (b) the guidance issued by them under or for the purposes of broadcasting provisions; and

• (c) every direction given by them under or for the purposes of a broadcasting provision.

• (2) Before modifying or revoking, or withdrawing their approval from, anything which is subject to periodic review under this section, OFCOM must consult such persons as they consider appropriate.

• (3) Subsection (2) applies irrespective or whether the modification, revocation or withdrawal is in consequence of a review under this section.

• (4) For the purposes of this section a provision has effect for a competition purpose to the extent that its only or main purpose is to secure that the holder of a Broadcasting Act licence does not—

• (a) enter into or maintain arrangements, or

• (b) engage in a practice,

which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services.

• (5) In this section “broadcasting provision” means—

• (a) a provision of this Part of this Act, of the 1990 Act or of the 1996 Act, or

• (b) any provision of a Broadcasting Act licence,

other than provision contained in any of sections 290 to 294 of this Act or Schedule 11 to this Act.

Programme and fairness standards for television and radio

OFCOM’s standards code

319

• (1) It shall be the duty of OFCOM to set, and from time to time to review and revise, such standards for the content of programmes to be included in television and radio services as appear to them best calculated to secure the standards objectives.

• (2) The standards objectives are—

• (a) that persons under the age of eighteen are protected;

• (b) that material likely to encourage or to incite the commission of crime or to lead to disorder is not included in television and radio services;

• (c) that news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with;

• (d) that news included in television and radio services is reported with due accuracy;

• (e) that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;

• (f) that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of offensive and harmful material;

• (fa) that the product placement requirements referred to in section 321(3A) are met in relation to programmes included in a television programme service (other than advertisements);

• (g) that advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services;

• (h) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;

• (ha) that the requirements of any EU directives, as they had effect immediately before IP completion day, with respect to advertising included in television and radio services are complied with;

• (i) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with;

• (j) that the unsuitable sponsorship of programmes included in television and radio services is prevented;

• (k) that there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services; and

• (l) that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred.

• (3) The standards set by OFCOM under this section must be contained in one or more codes.

• (4) In setting or revising any standards under this section, OFCOM must have regard, in particular and to such extent as appears to them to be relevant to the securing of the standards objectives, to each of the following matters—

• (a) the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description;

• (b) the likely size and composition of the potential audience for programmes included in television and radio services generally, or in television and radio services of a particular description;

• (c) the likely expectation of the audience as to the nature of a programme’s content and the extent to which the nature of a programme’s content can be brought to the attention of potential members of the audience;

• (d) the likelihood of persons who are unaware of the nature of a programme’s content being unintentionally exposed, by their own actions, to that content;

• (e) the desirability of securing that the content of services identifies when there is a change affecting the nature of a service that is being watched or listened to and, in particular, a change that is relevant to the application of the standards set under this section; and

• (f) the desirability of maintaining the independence of editorial control over programme content.

• (5) OFCOM must ensure that the standards from time to time in force under this section include—

• (a) minimum standards applicable to all programmes included in television and radio services; and

• (b) such other standards applicable to particular descriptions of programmes, or of television and radio services, as appear to them appropriate for securing the standards objectives.

• (6) Standards set to secure the standards objective specified in subsection (2)(e) shall, in particular, contain provision designed to secure that religious programmes do not involve—

• (a) any improper exploitation of any susceptibilities of the audience for such a programme; or

• (b) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.

• (7) In setting standards under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.

• (8) In this section “news” means news in whatever form it is included in a service.

• (9) Subject to subsections (10) to (12), Subsection (2)(fa) applies only in relation to programmes the production of which begins after 19th December 2009.

• (10) So far as relating to product placement falling within paragraph 4(ba) of Schedule 11A (electronic cigarettes and electronic cigarette refill containers), subsection (2)(fa) applies only in relation to programmes the production of which begins after 19th May 2016.

• (11) So far as relating to product placement falling within paragraph 4(bb) of Schedule 11A (undertakings whose principal activity is the manufacture or sale of electronic cigarettes or electronic cigarette refill containers), subsection (2)(fa) applies only in relation to programmes the production of which begins after 31 October 2020.

• (12) Subsection (2)(fa) applies in relation to a programme the production of which began before 1 November 2020 as if, in Schedule 11A (which contains the product placement requirements referred to in section 321(3A))—

• (a) paragraph 3(1)(b) to (d) were omitted,

• (b) in paragraph 6(1) there were inserted, as paragraph (a): “the programme is a religious, consumer affairs or current affairs programme;”, and

• (c) paragraph 7 included a condition that the programme in which the product, service or trademark, or the reference to it, is included is—

• (i) a film made for cinema,

• (ii) a film or series made for a television programme service or for an on-demand programme service,

• (iii) a sports programme, or

• (iv) a light entertainment programme.

Special impartiality requirements

320

• (1) The requirements of this section are—

• (a) the exclusion, in the case of television and radio services (other than a restricted service within the meaning of section 245), from programmes included in any of those services of all expressions of the views or opinions of the person providing the service on any of the matters mentioned in subsection (2);

• (b) the preservation, in the case of every television programme service, teletext service, national radio service and national digital sound programme service, of due impartiality, on the part of the person providing the service, as respects all of those matters;

• (c) the prevention, in the case of every local radio service, local digital sound programme service or radio licensable content service, of the giving of undue prominence in the programmes included in the service to the views and opinions of particular persons or bodies on any of those matters.

• (2) Those matters are—

• (a) matters of political or industrial controversy; and

• (b) matters relating to current public policy.

• (3) Subsection (1)(a) does not require—

• (a) the exclusion from television programmes of views or opinions relating to the provision of programme services; or

• (b) the exclusion from radio programmes of views or opinions relating to the provision of programme services.

• (4) For the purposes of this section—

• (a) the requirement specified in subsection (1)(b) is one that (subject to any rules under subsection (5)) may be satisfied by being satisfied in relation to a series of programmes taken as a whole;

• (b) the requirement specified in subsection (1)(c) is one that needs to be satisfied only in relation to all the programmes included in the service in question, taken as a whole.

• (5) OFCOM’s standards code shall contain provision setting out the rules to be observed in connection with the following matters—

• (a) the application of the requirement specified in subsection (1)(b);

• (b) the determination of what, in relation to that requirement, constitutes a series of programmes for the purposes of subsection (4)(a);

• (c) the application of the requirement in subsection (1)(c).

• (6) Any provision made for the purposes of subsection (5)(a) must, in particular, take account of the need to ensure the preservation of impartiality in relation to the following matters (taking each matter separately)—

• (a) matters of major political or industrial controversy, and

• (b) major matters relating to current public policy,

as well as of the need to ensure that the requirement specified in subsection (1)(b) is satisfied generally in relation to a series of programmes taken as a whole.

• (7) In this section “national radio service” and “local radio service” mean, respectively, a sound broadcasting service which is a national service within the meaning of section 245 and a sound broadcasting service which is a local service within the meaning of that section.

Objectives for advertisements and sponsorship

321

• (1) Standards set by OFCOM to secure the objectives mentioned in section 319(2)(a) and (fa) to (j)—

• (a) must include general provision governing standards and practice in advertising and in the sponsoring of programmes and, in relation to television programme services, general provision governing standards and practice in product placement ; ...

• (b) may include provision prohibiting advertisements and forms and methods of advertising or sponsorship (whether generally or in particular circumstances); and

• (c) in relation to television programme services, may include provision prohibiting forms and methods of product placement (including product placement of products, services or trade marks of any description) (whether generally or in particular circumstances).

• (2) For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is—

• (a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;

• (b) an advertisement which is directed towards a political end; or

• (c) an advertisement which has a connection with an industrial dispute.

• (3) For the purposes of this section objects of a political nature and political ends include each of the following—

• (a) influencing the outcome of elections or referendums, whether in the United Kingdom or elsewhere;

• (b) bringing about changes of the law in the whole or a part of the United Kingdom or elsewhere, or otherwise influencing the legislative process in any country or territory;

• (c) influencing the policies or decisions of local, regional or national governments, whether in the United Kingdom or elsewhere;

• (d) influencing the policies or decisions of persons on whom public functions are conferred by or under the law of the United Kingdom or of a country or territory outside the United Kingdom;

• (e) influencing the policies or decisions of persons on whom functions are conferred by or under international agreements;

• (f) influencing public opinion on a matter which, in the United Kingdom, is a matter of public controversy;

• (g) promoting the interests of a party or other group of persons organised, in the United Kingdom or elsewhere, for political ends.

• (3A) For the purposes of section 319(2)(fa) the product placement requirements are the requirements set out in Schedule 11A.

• (4) OFCOM—

• (a) shall—

• (i) in relation to programme services, have a general responsibility with respect to advertisements and methods of advertising and sponsorship; and

• (ii) in relation to television programme services, have a general responsibility with respect to methods of product placement; and

• (b) in the discharge of that responsibility may include conditions in any licence which is granted by them for any such service that enable OFCOM to impose requirements with respect to any of those matters that go beyond the provisions of OFCOM’s standards code.

• (5) OFCOM must, from time to time, consult the Secretary of State about—

• (a) the descriptions of advertisements that should not be included in programme services; ...

• (b) the forms and methods of advertising and sponsorship that should not be employed in, or in connection with, the provision of such services; and

• (c) the forms and methods of product placement that should not be employed in the provision of a television programme service (including the descriptions of products, services or trade marks for which product placement should not be employed).

• (6) The Secretary of State may give OFCOM directions as to the matters mentioned in subsection (5); and it shall be the duty of OFCOM to comply with any such direction.

• (7) Provision included by virtue of this section in standards set under section 319 is not to apply to, or to be construed as prohibiting the inclusion in a programme service of—

• (a) an advertisement of a public service nature inserted by, or on behalf of, a government department; or

• (b) a party political or referendum campaign broadcast the inclusion of which is required by a condition imposed under section 333 or by paragraph 18 of Schedule 12 to this Act.

• (8) In this section “programme service” does not include a service provided by the BBC (except in the expression “television programme service”).

Supplementary powers relating to advertising

322

• (1) The regulatory regime for each of the following—

• (a) every television programme service licensed by a Broadcasting Act licence,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) every ... teletext service so licensed that consists in an additional television service or a digital additional television service,

includes a condition requiring the person providing the service to comply with every direction given to him by OFCOM with respect to any of the matters mentioned in subsection (2).

• (2) Those matters are—

• (a) the maximum amount of time to be given to advertisements in any hour or other period;

• (b) the minimum interval which must elapse between any two periods given over to advertisements;

• (c) the number of such periods to be allowed in any programme or in any hour or day; and

• (d) the exclusion of advertisements from a specified part of a licensed service.

• (3) Directions under this section—

• (a) may be either general or specific;

• (b) may be qualified or unqualified; and

• (c) may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.

• (4) In giving a direction under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.

Modification of matters to be taken into account under s. 319

323

• (1) The Secretary of State may by order modify the list of matters in section 319(4) to which OFCOM are to have regard when setting or revising standards.

• (2) Before making an order under this section, the Secretary of State must consult OFCOM.

• (3) No order is to be made containing provision authorised by subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Setting and publication of standards

324

• (1) Before setting standards under section 319, OFCOM must publish, in such manner as they think fit, a draft of the proposed code containing those standards.

• (2) After publishing the draft code and before setting the standards, OFCOM must consult every person who holds a relevant licence and such of the following as they think fit—

• (a) persons appearing to OFCOM to represent the interests of those who watch television programmes;

• (b) persons appearing to OFCOM to represent the interests of those who make use of teletext services; and

• (c) persons appearing to OFCOM to represent the interests of those who listen to sound programmes.

• (3) After publishing the draft code and before setting the standards, OFCOM must also consult—

• (a) S4C, about so much of the draft code as relates to television programme services;

• (b) the BBC, about so much of the draft code as contains standards other than those for advertising or sponsorship; and

• (c) such of the persons mentioned in subsection (4) as OFCOM think fit, about so much of the draft code as contains standards for advertising or sponsorship or for product placement .

• (4) Those persons are—

• (a) persons appearing to OFCOM to represent the interests of those who will have to take account of the contents of the proposed standards for advertising or sponsorship or for product placement ;