Law

Communications Act 2003

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 012879610a9d57c1daa96898410bf2f7690cb05c4e992f8b8ca6e86b2216696a

Contents: 729 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

729 provisions

179 Modification of penalties for certain wireless telegraphy offences

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

Propose a change

181 Power of arrest

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

Propose a change

182 Forfeiture etc. of restricted apparatus

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

Propose a change

183 Modification of definition of “undue interference”

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

Propose a change

184 Modification of definition of “wireless telegraphy”

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

Propose a change

185 Reference of disputes to OFCOM

(1) This section applies in the case of a dispute relating to the provision of network access if it is— (a) a dispute between different communications providers; (b) a dispute between a communications provider and a person who makes associated facilities available; (c) a dispute between different persons making such facilities available; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) This section also applies in the case of a dispute relating to the provision of network access if— (a) it is a dispute between a communications provider and a person who is identified, or is a member of a class identified, in a condition imposed on the communications provider under section 45; and (b) the dispute relates to entitlements to network access that the communications provider is required to provide to that person by or under that condition. (2) This section also applies in the case of any other dispute if— (a) it relates to rights or obligations conferred or imposed by or under a condition set under section 45, or any of the enactments relating to the management of the radio spectrum ; (b) it is a dispute between different communications providers; and (c) it is not an excluded dispute. (3) Any one or more of the parties to the dispute may refer it to OFCOM. (4) A reference made under this section is to be made in such manner as OFCOM may require. (5) The way in which a requirement under subsection (4)— (a) is to be imposed, or (b) may be withdrawn or modified, is by a notice published in such manner as OFCOM consider appropriate for bringing the requirement, withdrawal or modification to the attention of the persons who, in their opinion, are likely to be affected by it. (6) Requirements imposed under subsection (4) may make different provision for different cases. (7) A dispute is an excluded dispute for the purposes of subsection (2) if it is about— (a) obligations imposed on a communications provider by SMP apparatus conditions; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) For the purposes of this section— (a) the disputes that relate to the provision of network access include disputes as to the terms or conditions on which it is or may be provided in a particular case; and (b) the disputes that relate to an obligation include disputes as to the terms or conditions on which any transaction is to be entered into for the purpose of complying with that obligation.

Propose a change

185A Power of OFCOM to invite parties to refer dispute

OFCOM may invite any one or more of the parties to a dispute falling within section 185(1) to refer the dispute to OFCOM under section 185(3).

Propose a change

186 Action by OFCOM on dispute reference

(1) This section applies where a dispute is referred to OFCOM under and in accordance with section 185. (2) OFCOM must decide whether or not it is appropriate for them to handle the dispute. (2A) In relation to a dispute falling within subsection 185(1), OFCOM may in particular take into account their priorities and available resources in considering whether it is appropriate for them to handle the dispute. (3) In relation to a dispute falling within section 185(1A) or (2), Unless they consider— (a) that there are alternative means available for resolving the dispute, (b) that a resolution of the dispute by those means would be consistent with the six requirements set out in section 4, and (c) that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it, their decision must be a decision that it is appropriate for them to handle the dispute. (4) As soon as reasonably practicable after OFCOM have decided— (a) that it is appropriate for them to handle the dispute, or (b) that it is not, they must inform each of the parties to the dispute of their decision and of their reasons for it. (5) The notification must state the date of the decision. (6) In relation to a dispute falling within section 185(1A) or (2), Where— (a) OFCOM decide that it is not appropriate for them to handle the dispute, but (b) the dispute is not resolved by other means before the end of the four months after the day of OFCOM’s decision, the dispute may be referred back to OFCOM by one or more of the parties to the dispute.

Propose a change

187 Legal proceedings about referred disputes

(1) Where a dispute is referred or referred back to OFCOM under this Chapter, the reference is not to prevent— (a) the person making it, (b) another party to the dispute, (c) OFCOM, or (d) any other person, from bringing, or continuing, any legal proceedings with respect to any of the matters under dispute. (2) Nor is the reference or reference back to OFCOM under this Chapter of a dispute to prevent OFCOM from— (a) giving a notification in respect of something that they have reasonable grounds for believing to be a contravention of any obligation imposed by or under any an enactment; (b) exercising any of their other powers under any enactment in relation to a contravention of such an obligation; or (c) taking any other step in preparation for or with a view to doing anything mentioned in the preceding paragraphs. (3) If, in any legal proceedings with respect to a matter to which a dispute relates, the court orders the handling of the dispute by OFCOM to be stayed or sisted— (a) OFCOM are required to make a determination for resolving the dispute only if the stay or sist is lifted or expires; and (b) the period during which the stay or sist is in force must be disregarded in determining the period within which OFCOM are required to make such a determination. (4) Subsection (1) is subject to section 190(8) and to any agreement to the contrary binding the parties to the dispute. (5) In this section “legal proceedings” means civil or criminal proceedings in or before a court.

Propose a change

188 Procedure for resolving disputes

(1) This section applies where— (a) OFCOM have decided under section 186(2) that it is appropriate for them to handle a dispute; or (b) a dispute is referred back to OFCOM under section 186(6). (2) OFCOM must— (a) consider the dispute; and (b) make a determination for resolving it. (3) The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate. (4) In the case of a dispute referred back to OFCOM under section 186(6), that procedure may involve allowing the continuation of a procedure that has already been begun for resolving the dispute by alternative means. (5) Except in exceptional circumstances and subject to section 187(3), OFCOM must make their determination no more than four months after the following day— (a) in a case falling within subsection (1)(a), the day of the decision by OFCOM that it is appropriate for them to handle the dispute; and (b) in a case falling within subsection (1)(b), the day on which the dispute is referred back to them. (6) Where it is practicable for OFCOM to make their determination before the end of the four month period, they must make it as soon in that period as practicable. (7) OFCOM must— (a) send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute; and (b) publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish. (8) The publication of information under this section must be in such manner as OFCOM consider appropriate for bringing it to the attention, to the extent that they consider appropriate, of members of the public.

Propose a change

189 Disputes involving other member States

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

Propose a change

190 Resolution of referred disputes

(1) Where OFCOM make a determination for resolving a dispute referred to them under this Chapter, their only powers are those conferred by this section. (2) Their main power (except in the case of a dispute relating to rights and obligations conferred or imposed by or under the enactments relating to the management of the radio spectrum) is to do one or more of the following— (a) to make a declaration setting out the rights and obligations of the parties to the dispute; (b) to give a direction fixing the terms or conditions of transactions between the parties to the dispute; (c) to give a direction imposing an obligation, enforceable by the parties to the dispute, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM; and (d) for the purpose of giving effect to a determination by OFCOM of the proper amount of a charge in respect of which amounts have been paid by one of the parties of the dispute to the other, to give a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment. (2A) In relation to a dispute falling within section 185(1), OFCOM must exercise their powers under subsection (2) in the way that seems to them most appropriate for the purpose of securing— (a) efficiency; (b) sustainable competition; (c) efficient investment and innovation; and (d) the greatest possible benefit for the end-users of public electronic communications services. (3) Their main power in the excepted case is just to make a declaration setting out the rights and obligations of the parties to the dispute. (4) Nothing in this section prevents OFCOM from exercising the following powers in consequence of their consideration under this Chapter of any dispute— (a) their powers under Chapter 1 of this Part to set, modify or revoke general conditions, universal service conditions, access related conditions, privileged supplier conditions or SMP conditions; (b) their powers to vary, modify or revoke wireless telegraphy licences or grants of recognised spectrum access; (c) their power to make, amend or revoke regulations under section 8 or 45 of the Wireless Telegraphy Act 2006 . (5) In the case of a dispute referred back to OFCOM under section 186(6)— (a) OFCOM may, in making their determination, take account of decisions already made by others in the course of an attempt to resolve the dispute by alternative means; and (b) the determination made by OFCOM may include provision ratifying decisions so made. (6) Where OFCOM make a determination for resolving a dispute, they may require a party to the dispute— (a) to make payments to another party to the dispute in respect of costs and expenses incurred by that other party in consequence of the reference of the dispute to OFCOM, or in connection with it; and (b) to make payments to OFCOM in respect of costs and expenses incurred by them in dealing with the dispute. and may determine the amount of the costs and when the costs are to be paid. (6A) OFCOM may not, under subsection (6)(a), require a party to the dispute to make payments to another party unless OFCOM have considered— (a) the conduct of the party before and after the reference to OFCOM (including, in particular, whether any attempt has been made to resolve the dispute), and (b) whether OFCOM has made a decision in the party’s favour in respect of the whole or a part of the dispute. (6B) OFCOM may not, under subsection (6)(b), require payments to be made to them by a party to the dispute unless— (a) the dispute relates to the rights and obligations of the parties to the dispute under the enactments relating to the management of the radio spectrum, or (b) they have considered the matters referred to in subsection (6A)(a) and (b). (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) A determination made by OFCOM for resolving a dispute referred or referred back to them under this Chapter binds all the parties to the dispute. (9) Subsection (8) is subject to section 192.

Propose a change

191 OFCOM’s power to require information in connection with dispute

(1) Where a dispute has been referred or referred back to OFCOM under this Chapter, they may require any person to whom subsection (2) applies to provide them with all such information as they may require for the purpose of— (a) deciding whether it is appropriate for them to handle the dispute; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) considering the dispute and making a determination for resolving it. (2) This subsection applies to— (a) a party to the dispute; and (b) a person who is not a party to the dispute but appears to OFCOM to have information that is relevant to the matters mentioned in subsection (1)(a) to (c). (3) A person required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM. (4) In fixing the period within which information is to be provided in accordance with a requirement under this section OFCOM must have regard, in particular, to— (a) their obligation to make a determination for resolving the dispute within the period specified in section 188; (b) the nature of the dispute; and (c) the information that is required. (5) Sections 138 to 144 apply for the enforcement of a requirement under this section as they apply for the enforcement of requirements under section 135 or 136. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

192 Appeals against decisions by OFCOM, the Secretary of State etc.

(1) This section applies to the following decisions— (a) a decision by OFCOM under this Part or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 that is not a decision specified in Schedule 8; (b) a decision (whether by OFCOM or another) to which effect is given by a direction, approval or consent given for the purposes of a provision of a condition set under section 45; (c) a decision to which effect is given by the modification or withdrawal of such a direction, approval or consent; (d) a decision by the Secretary of State to which effect is given by one of the following— (i) a specific direction under section 5 that is not about the making of a decision specified in Schedule 8; (ii) a restriction or condition set by regulations under section 109; (iia) an order under section 124P; (iii) a direction to OFCOM under section 132; (iv) a specific direction under section 5 of the Wireless Telegraphy Act 2006 that is not about the making of a decision specified in Schedule 8. (e) a decision by the CMA to which effect is given by an order made under section 193A. (2) A person affected by a decision to which this section applies may appeal against it to the Tribunal. (3) The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules. (4) The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules. (5) The notice of appeal must set out— (a) the provision under which the decision appealed against was taken; and (b) the grounds of appeal. (6) The grounds of appeal must be set out in sufficient detail to indicate— (a) to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and (b) to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM, by the Secretary of State , by the CMA or by another person. (7) In this section and Schedule 8 references to a decision under an enactment— (a) include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by or under an enactment; but (b) include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to grant an application or to comply with any other form of request to make the decision, to exercise the power or to perform the duty; and references in the following provisions of this Chapter to a decision appealed against are to be construed accordingly. (8) For the purposes of this section and the following provisions of this Chapter a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by or under an enactment shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.

Propose a change

193 Reference of price control matters to the CMA

(1) Tribunal rules must provide in relation to appeals under section 192(2) relating to price control that the price control matters arising in that appeal, to the extent that they are matters of a description specified in the rules, must be referred by the Tribunal to the CMA for determination. (2) Where a price control matter is referred in accordance with Tribunal rules to the CMA for determination, the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and , having regard to the principles to be applied by the Tribunal under section 194A(2), is to be performed— (a) in accordance with the provision made by the rules; (b) in accordance with directions given to the CMA by the Tribunal in exercise of powers conferred by the rules; and (c) subject to the rules and any such directions, using such procedure as the CMA consider appropriate. (3) The provision that may be made by Tribunal rules about the determination of a price control matter referred to the CMA in accordance with the rules includes provision about the period within which that matter is to be determined by the CMA . (4) Where the CMA determines a price control matter in accordance with Tribunal rules, they must notify the Tribunal of the determination they have made. (5) The notification must be given as soon as practicable after the making of the notified determination. (6) Where a price control matter arising in an appeal is required to be referred to the CMA under this section, the Tribunal, in deciding the appeal ..., must decide that matter in accordance with the determination of the CMA . (7) Subsection (6) does not apply to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the CMA is a determination that would fall to be set aside on such an application. (8) Section 117 of the Enterprise Act 2002 (c. 40) (offences of supplying false or misleading information) shall have effect in relation to information supplied to the CMA in connection with their functions under this section as it has effect in relation to information supplied to them in connection with their functions under Part 3 of that Act. (9) For the purposes of this section an appeal relates to price control if the matters to which the appeal relates are or include price control matters. (10) In this section and section 193A “price control matter” means a matter relating to the imposition of any form of price control by an SMP condition the setting of which is authorised by— (a) section 87(9); (b) section 91; or (c) section 93(3).

Propose a change

193A Recovery of CMA's costs in respect of price control references

(1) Where a determination is made on a price control matter referred by virtue of section 193, the CMA may make an order in respect of the costs incurred by it in connection with the reference (a “costs order”). (2) A costs order may require the payment to the CMA of some or all of those costs by such parties to the appeal which gave rise to the reference, other than OFCOM, as the CMA considers appropriate. (3) A costs order must— (a) set out the total costs incurred by the CMA in connection with the reference, and (b) specify the proportion of those costs to be paid by each party to the appeal in respect of whom the order is made. (4) In deciding on the proportion of costs to be paid by a party to the appeal the CMA must, in particular, consider— (a) the extent to which the determination on the reference upholds OFCOM's decision in relation to the price control matter in question, (b) the extent to which the costs were attributable to the involvement in the appeal of the party, and (c) the conduct of the party. (5) A costs order— (a) must be made as soon as reasonably practicable after the making of the determination on the reference, but (b) does not take effect unless the Tribunal, in deciding the appeal which gave rise to the reference, decides the price control matter which is the subject of the reference in accordance with the determination of the CMA (see section 193(6)). (6) In a case where the Tribunal decides the price control matter in question otherwise than as mentioned in subsection (5)(b), the CMA may make an order under this subsection in respect of the costs incurred by it in connection with the reference. (7) Subsections (2) to (4) apply in relation to an order under subsection (6) as they apply in relation to an order under subsection (1); but for that purpose the reference in subsection (4)(a) to the determination on the reference is to be read as a reference to the decision of the Tribunal mentioned in subsection (6). (8) An order under subsection (6) must be made as soon as reasonably practicable after the decision of the Tribunal mentioned in that subsection. (9) An amount payable to the CMA by virtue of an order made under this section is recoverable summarily as a civil debt (but this does not affect any other method of recovery). (10) The CMA must pay any sums it receives by virtue of this section into the Consolidated Fund. (11) The functions of the CMA under this section, other than those under subsections (9) and (10), are to be carried out on behalf of the CMA by the group constituted by the chair of the CMA in relation to the reference in question.

Propose a change

194 Composition of Competition Commission for price control references

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

Propose a change

194A Disposal of appeals under section 192 (other than against certain decisions of Secretary of State)

(1) This section applies to an appeal against a decision referred to in section 192(1)(a), (b), (c), (d)(iii) or (e). (2) The Tribunal must decide the appeal, by reference to the grounds of appeal set out in the notice of appeal, by applying the same principles as would be applied by a court on an application for judicial review. (2A) In a case where the appeal is against a relevant security decision of OFCOM, the Tribunal is to apply those principles without taking any special account of the merits of the case. (2B) Subsection (2A) has effect notwithstanding any assimilated case law ... (3) The Tribunal may— (a) dismiss the appeal or quash the whole or part of the decision to which it relates; and (b) where it quashes the whole or part of that decision, remit the matter back to the decision-maker with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal. (4) The decision-maker must comply with a direction under subsection (3)(b). (5) In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if, for the reference to the undertaking to which commercial information relates, there were substituted a reference to any person to whom it relates. (6) In this section “assimilated case law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018; “the decision-maker” means the person who made the decision appealed against; “relevant security decision” means a decision under any of sections 105I, 105L to 105O and 105U to 105W; ...

Propose a change

195 Disposal of appeals under section 192 against certain decisions of Secretary of State

(1) This section applies to an appeal against a decision referred to in section 192(1)(d)(i), (ii), (iia) or (iv). (2) The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal. (3) The Tribunal’s decision must include a decision as to what (if any) is the appropriate action for the Secretary of State to take in relation to the subject-matter of the decision under appeal. (4) The Tribunal shall then remit the decision under appeal to the Secretary of State with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision. (5) The Tribunal must not direct the Secretary of State to take any action which he would not otherwise have power to take in relation to the decision under appeal. (6) It shall be the duty of the Secretary of State to comply with every direction given under subsection (4). (7) In the case of an appeal against a decision given effect to by a restriction or condition set by regulations under section 109, the Tribunal must take only such steps for disposing of the appeal as it considers are not detrimental to good administration. (8) In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (c. 40) (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if for the reference to the undertaking to which commercial information relates there were substituted a reference to any person to whom it relates. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

196 Appeals from the Tribunal

(1) A decision of the Tribunal on an appeal under section 192(2) may itself be appealed. (2) An appeal under this section— (a) lies to the Court of Appeal or to the Court of Session; and (b) must relate only to a point of law arising from the decision of the Tribunal. (3) An appeal under this section may be brought by— (a) a party to the proceedings before the Tribunal; or (b) any other person who has a sufficient interest in the matter. (4) An appeal under this section requires the permission of the Tribunal or of the court to which it is to be made. (5) In this section references to a decision of the Tribunal include references to a direction given by it under section 195(4).

Propose a change

197 Interpretation of Chapter 3

(1) In this Chapter— “the CMA” means the Competition and Markets Authority; “network access” has the same meaning as in Chapter 1 of this Part; “the Tribunal” means the Competition Appeal Tribunal; and “Tribunal rules” means rules made under section 15 of the Enterprise Act 2002. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

198 Functions of OFCOM in relation to the BBC

(1) It shall be a function of OFCOM, to the extent that provision for them to do so is contained in— (a) the BBC Charter and Agreement, and (b) the provisions of this Act and of Part 5 of the 1996 Act, to regulate the BBC. (2) For the purposes of the carrying out of that function OFCOM— (a) are to have such powers and duties as may be conferred on them by or under the BBC Charter and Agreement; and (b) are entitled, to the extent that they are authorised to do so by the Secretary of State or under the terms of that Charter and Agreement, to act on his behalf in relation to that Charter and Agreement. (2A) The BBC Charter and Agreement may in particular confer on OFCOM, as a power they are to have by virtue of subsection (2)(a), power to require any person to provide information for the purposes of the carrying out by OFCOM of their function under subsection (1). (3) The BBC must pay OFCOM such penalties in respect of contraventions by the BBC of provision made by or under— (a) this Part, (aa) Part 4A, or (b) the BBC Charter and Agreement, as are imposed by OFCOM in exercise of powers conferred on them by that Charter and Agreement. (4) The BBC are also to be liable to pay OFCOM such sums in respect of the carrying out by OFCOM of their functions in relation to the BBC as may be— (a) agreed from time to time between the BBC and OFCOM; or (b) (in default of agreement) fixed by the Secretary of State. (5) The maximum penalty that may be imposed on the BBC on any occasion by OFCOM in exercise of a power conferred by virtue of the BBC Charter and Agreement is £250,000. (6) The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (5). (7) No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (8) It shall be the duty of OFCOM to have regard to their functions under this section when carrying out their functions under the 1990 Act, the 1996 Act and this Part in relation to services provided by persons other than the BBC. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

198ZA Penalties for failure to provide information

(1) This section applies if— (a) under a power conferred by virtue of section 198(2A), OFCOM require a person other than the BBC to provide information, and (b) OFCOM determine that there are reasonable grounds to believe the person has not provided the information. (2) OFCOM may give the person a notice which sets out the determination and specifies— (a) what information the person must provide, (b) the time within which the person must provide it, (c) a penalty that OFCOM may impose if the person does not provide it, and (d) a period in which the person may make representations. (3) OFCOM may impose a penalty on the person if they fail without reasonable excuse to provide the information in accordance with the notice. (4) The penalty may include an amount for each day the person fails to provide the information after the time required by the notice. (5) The penalty in respect of any notice— (a) must not be more than OFCOM determine to be proportionate, (b) must not be more than the penalty specified in the notice, and (c) must not be more than £250,000. (6) OFCOM may withdraw a notice without imposing a penalty, and that does not affect the power to issue a further notice in relation to the same information. (7) OFCOM must publish and keep up to date a statement of their proposed approach to issuing notices and imposing and recovering penalties under this section (subject to the guidelines published under section 392).

Propose a change

198A C4C's functions in relation to media content

(1) C4C must participate in— (a) the making of a broad range of relevant media content of high quality that, taken as a whole, appeals to the tastes and interests of a culturally diverse society, (b) the making of high quality films intended to be shown to the general public at the cinema in the United Kingdom, and (c) the broadcasting and distribution of such content and films. (2) C4C must, in particular, participate in— (a) the making of relevant media content that consists of news and current affairs, (b) the making of relevant media content that appeals to the tastes and interests of older children and young adults, (c) the broadcasting or distribution by means of electronic communications networks of feature films that reflect cultural activity in the United Kingdom (including third party films), and (d) the broadcasting or distribution of relevant media content by means of a range of different types of electronic communications networks. (3) In performing their duties under subsections (1) and (2) C4C must— (a) promote measures intended to secure that people are well-informed and motivated to participate in society in a variety of ways, and (b) contribute towards the fulfilment of the public service requirements (as defined in section 264A). (4) In performing their duties under subsections (1) to (3) C4C must— (a) support the development of people with creative talent, in particular— (i) people at the beginning of their careers in relevant media content or films, and (ii) people involved in the making of innovative content and films, (b) support and stimulate well-informed debate on a wide range of issues, including by providing access to information and views from around the world and by challenging established views, (c) promote alternative views and new perspectives, and (d) provide access to material that is intended to inspire people to make changes in their lives. (5) In performing those duties C4C must have regard to the desirability of— (a) working with cultural organisations, (b) encouraging innovation in the means by which relevant media content is broadcast or distributed, and (c) promoting access to and awareness of services provided in digital form. (6) In this section— “participate in” includes invest in or otherwise procure; “relevant media content” means material, other than advertisements, which is included in any of the following services that are available to members of the public in all or part of the United Kingdom— television programme services, additional television services or digital additional television services, on-demand programme services, or other services provided by means of the internet where there is a person who exercises editorial control over the material included in the service; and a film is a “third party film” if C4C did not participate in making it. (7) The services that are to be taken for the purposes of this section to be available to members of the public include any service which— (a) is available for reception by members of the public (within the meaning of section 361); or (b) is available for use by members of the public (within the meaning of section 368R(4)).

Propose a change

198AA C4C’s duties in relation to commissioning programmes

(1) C4C must take steps to enable competition for commissions from C4C to make programmes, other than advertisements, for inclusion in services provided by C4C that fall within subsection (2). (2) A service falls within this subsection if it is— (a) a television broadcasting service, (b) a television licensable content service, (c) a digital television programme service, (d) an on-demand programme service that is or forms part of a designated internet programme service, or (e) a non-UK on-demand programme service that is or forms part of a designated internet programme service. (3) C4C must put in place and adhere to procedures that facilitate fair competition for such commissions, including procedures for referring disputes with C4C to mediation. (4) In this section, “designated internet programme service” has the same meaning as in Part 3A (see section 362AZ12).

Propose a change

198B Statements of media content policy and commissioning policy

(1) C4C must prepare a statement of media content policy— (a) at the same time as they prepare the first statement of programme policy that is prepared under section 266 after this section comes into force, and (b) subsequently at annual intervals. (1A) C4C must prepare a statement of commissioning policy at the same time as they prepare a statement of media content policy. (2) C4C must monitor their performance in carrying out the proposals contained in their statements of media content policy or commissioning policy. (3) A statement of media content policy must— (a) set out C4C's proposals for securing that, during the following year, they will discharge their duties under section 198A, and (b) include a report on their performance in carrying out the proposals contained in the previous statement. (3A) A statement of commissioning policy must— (a) set out C4C’s proposals for securing that, during the following year, they will discharge their duties under section 198AA, and (b) include a report on their performance in carrying out the proposals contained in the previous statement. (4) In preparing a statement of media content policy or commissioning policy, C4C must— (a) have regard to guidance given by OFCOM, and (b) consult OFCOM. (5) C4C must publish each statement of media content policy or commissioning policy— (a) as soon as practicable after its preparation is complete, and (b) in such manner as they consider appropriate, having regard to any guidance given by OFCOM. (6) OFCOM must— (a) from time to time review the guidance for the time being in force for the purposes of this section, and (b) revise that guidance as they think fit.

Propose a change

198C OFCOM reports on C4C's media content duties and commissioning duties

(1) For each relevant period, OFCOM must— (a) carry out a review of the extent to which C4C have discharged their duties under section sections 198A and 198AA, and (b) prepare a report on the matters found on the review. (2) OFCOM must publish each report under this section— (a) as soon as practicable after its preparation is complete, and (b) in such manner as they consider appropriate. (3) “Relevant period” means each period selected by OFCOM for the purposes of section 264(1)(b) that ends after this section comes into force.

Propose a change

198D Directions in relation to C4C's media content duties and commissioning duties

(1) This section applies if OFCOM— (a) are of the opinion that C4C have failed to perform one or more of their duties under section 198A , 198AA or section 198B(1), (1A), (3), (3A) or (5), (b) are of the opinion that the failure is serious and is not excused by economic or market conditions, and (c) determine that the situation requires the exercise of their functions under this section. (2) In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to— (a) C4C's statements of media content policy or (as the case may be) commissioning policy, (b) C4C's effectiveness and efficiency in monitoring their own performance, and (c) general economic and market conditions affecting the provision of relevant media content (as defined in section 198A). (3) OFCOM may give directions to C4C to do one or both of the following— (a) to revise the latest statement of media content policy or (as the case may be) commissioning policy in accordance with the direction; (b) to take such steps for remedying the failure as OFCOM specify in the direction. (4) A direction given under this section must set out— (a) a reasonable timetable for complying with it, and (b) the factors that OFCOM will take into account in determining whether or not a failure has been remedied. (5) OFCOM must consult C4C before giving a direction under this section.

Propose a change

199 Other Functions of C4C

(1) The activities that C4C are able to carry on include any activities which appear to them— (a) to be activities that it is appropriate for them to carry on in association with the carrying out of their primary functions; and (b) to be connected, otherwise than merely in financial terms, with activities undertaken by them for the carrying out of those functions. (2) In subsection (1) “primary functions” means— (za) the performance of C4C's duties under section 198A; (a) securing the continued provision of Channel 4; and (b) the fulfilment of the public service remit for that Channel under section 265. (3) Section 24(5)(b) and (6) of the 1990 Act (power of C4C to establish, acquire an interest in or assist a qualifying company) shall cease to have effect. (4) For sub-paragraphs (3) and (4) of paragraph 1 of Schedule 3 to the 1990 Act (power of C4C to do things incidental or conducive to the carrying out of their functions) there shall be substituted— (3) The Corporation may do anything which appears to them to be incidental or conducive to the carrying out of their functions. (4) The powers of the Corporation under sub-paragraph (3) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so— (a) to borrow money; (b) to carry on activities (other than those comprised in their duty to carry out their primary functions) through Channel 4 companies; and (c) to participate with others in the carrying on of any such activities. (5) Schedule 9 (which makes provision for the approval by OFCOM, and for the enforcement, of arrangements made by C4C about the carrying on of their activities) shall have effect.

Propose a change

200 Removal of members of C4C

(1) In paragraph 3 of Schedule 3 to the 1990 Act (term of office of members of C4C), after sub-paragraph (2) there shall be inserted— (2A) OFCOM may at any time, by notice to a member of the Corporation, terminate the appointment of that member. (2B) Before terminating a person’s appointment under sub-paragraph (2A), OFCOM must consult the Secretary of State. (2) This section applies only to a member whose appointment was made, or last renewed, after the coming into force of this section.

Propose a change

201 Deficits and surpluses of C4C

(1) Sections 26 and 27 of the 1990 Act (revenue deficits of C4C to be funded by providers of Channel 3 services and application of excess revenues of C4C) shall cease to have effect. (2) This section has effect in relation to a deficit or excess for a year ending after the commencement of this section.

Propose a change

202 Borrowing limit for C4C

(1) The Secretary of State may by order provide for a limit on the borrowing that C4C is allowed to undertake. (2) The order may fix the limit either— (a) by specifying the sum which the outstanding borrowing of C4C must not at any time exceed; or (b) by providing a method of determining the sum which that borrowing must not exceed. (3) C4C are not to borrow money if the effect of the borrowing would be to cause the amount of their outstanding borrowing to be, or to remain, in excess of the limit (if any) that is for the time being in force. (4) For the purposes of this section the amount of C4C’s outstanding borrowing at any time is the aggregate amount outstanding at that time in respect of the principal of sums borrowed by them, but after allowing sums borrowed to repay existing loans to be applied for that purpose. (5) Before making an order under this section, the Secretary of State must consult C4C. (6) The consent of the Treasury is required for the making of an order under this section.

Propose a change

203 Function of OFCOM in relation to S4C

It shall be a function of OFCOM, to the extent that provision for them to do so is contained in this Act and Part 5 of the 1996 Act, to regulate the services provided by S4C.

Propose a change

204 Welsh Authority’s function of providing S4C and S4C Digital

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

Propose a change

204A S4C’s principal powers and public service remit

(1) S4C may make available any audiovisual content. (2) S4C’s public service remit is to make available a broad range of high quality and diverse audiovisual content— (a) a substantial proportion of which is in Welsh, (b) which is all capable of being taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled (see section 264(7) to (8C)), and (c) which, considered as a whole, constitutes an adequate contribution to the fulfilment of that remit. (3) S4C must exercise the power in subsection (1) to fulfil its public service remit. (4) S4C may do anything it considers appropriate in association with anything it does in exercise of the power in subsection (1). (5) In this section “audiovisual content” has the same meaning as in section 264. (6) Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of this section as it applies for the purposes of that section.

Propose a change

204B Restrictions on S4C’s powers

(1) S4C must obtain the Secretary of State’s approval in writing before (whether under section 204A or otherwise)— (a) providing any television programme services; (b) doing anything for a charge or with a view to making a profit. (2) S4C must ensure that an S4C company obtains the Secretary of State’s approval in writing before the company does anything for a charge or with a view to making a profit. (3) An approval under this section may be— (a) a general approval in relation to a description of activities, or (b) a specific approval in relation to particular activities. (4) For the purposes of this section, the carrying on of the following activities is treated as approved by the Secretary of State (so far as approval under this section would otherwise be required)— (a) the provision of S4C Digital, (b) each activity whose carrying on is approved under section 205 or 206 of this Act (S4C’s other activities) immediately before this section comes into force, and (c) each activity which is being carried on by S4C or an S4C company immediately before this section comes into force. (5) S4C may not provide a service that would fall to be regulated under section 245 (independent radio services) if provided by an S4C company.

Propose a change

204C Publication of approvals under section 204B

(1) The Secretary of State must publish any approval under section 204B, subject to subsection (2). (2) The Secretary of State must exclude from publication any matters which appear to the Secretary of State to be matters whose publication would or might seriously and prejudicially affect the interests of any person. (3) This section does not apply in relation to activities treated under section 204B(4) as approved under that section.

Propose a change

205 Powers to provide other services

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

Propose a change

206 Other activities of Welsh Authority

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

Propose a change

207 S4C finances

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The power of S4C to do anything that appears to them to be conducive or incidental to the carrying out of their functions includes power, subject to subsection (4), to borrow money. (4) S4C are not to borrow money except with the approval of the Secretary of State. (5) The consent of the Treasury is to be required for the giving of an approval for the purposes of subsection (4). (6) S4C are to be liable to pay OFCOM such sums in respect of the carrying out by OFCOM of their functions in relation to S4C as may be— (a) agreed from time to time between S4C and OFCOM; or (b) (in default of agreement) fixed by the Secretary of State. (7) In section 61(4) of the 1990 Act (power of Secretary of State to increase amount of grant to the Welsh Authority), for “transmitting S4C and the service referred to in section 57(1A)(a), by order” there shall be substituted— (a) providing services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003), and (b) arranging for the broadcasting or distribution of those services, by order . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

← Find another law