281 Disqualification from appointment as news provider
(1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing—
(a) that a body is not appointed as the appointed news provider if it falls within subsection (2); and
(b) that the appointment of a body as the appointed news provider ceases to have effect if it becomes a body falling within that subsection.
(2) A body falls within this subsection if—
(a) it is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence; or
(b) there would be a contravention of Part 1 of Schedule 14 to this Act (whether by that body or by another person) if that body held a licence to provide a Channel 3 service, or held a licence to provide such a service for a particular area for which such a service is provided.
(3) The reference in subsection (2)(a) to a body which is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence includes a reference to a person who is disqualified by virtue of a disqualification order under section 145 of the 1996 Act.
282 Power to repeal or modify Channel 3 news provider provisions
(1) If it appears to the Secretary of State appropriate to do so, he may by order repeal or otherwise modify any of the provisions of section 280 or 281.
(2) Except in a case to which subsection (3) applies, the Secretary of State must consult OFCOM before making an order under this section.
(3) Consultation with OFCOM is not required if the order is confined to giving effect to recommendations by OFCOM that are contained in a report of a review under section 391.
(4) 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.
(1) If it appears to the Secretary of State appropriate to do so, he may by order make provision requiring news programmes included in Channel 5 to be provided by a person appointed as a news provider in accordance with the order.
(2) An order under this section may make provision in relation to Channel 5 that corresponds, with such modifications as the Secretary of State thinks fit, to any provision made in relation to regional Channel 3 services by section 280 or 281.
(3) Subsection (2) applies irrespective of any repeal or other modification by an order under this Act of section 280 or 281.
(4) An order under this section may include provision for section 194A of the 1990 Act (application of Competition Act 1998 to Channel 3 news provision) to have effect (with such modifications as may be specified in the order) in relation to the appointment of a person as a news provider for Channel 5 as it has effect in relation to the appointment of a body as a news provider for Channel 3.
(5) The Secretary of State is not to make an order under this section for the imposition of obligations in relation to Channel 5 unless he is satisfied that Channel 5’s share of the audience for television broadcasting services is broadly equivalent to that of the services comprising Channel 3.
(6) An order under this section must require a licence holder to have a reasonable opportunity of making representations to OFCOM before his licence is varied in pursuance of the order.
(7) Except in a case to which subsection (8) applies, the Secretary of State must consult OFCOM before making an order under this section.
(8) Consultation with OFCOM is not required if the order is confined to giving effect to recommendations by OFCOM that are contained in a report of a review under section 391.
(9) 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.
(1) The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provider of the channel draws up and from time to time revises a code of practice setting out the principles that the provider will apply—
(a) when agreeing terms for the commissioning of independent productions that will be included in television broadcasting services;
(b) when agreeing terms for the commissioning of independent productions that will be included in other qualifying audiovisual services but which the provider wishes to count towards meeting the conditions included in the provider’s licence by virtue of section 277(1) or (4) (programming quotas for independent productions).
(2) That regime also includes the conditions that OFCOM consider appropriate for securing that the provider of every licensed public service channel—
(a) at all times complies with a code of practice which has been drawn up by him by virtue of this section and is for the time being in force; and
(b) exercises his power to revise his code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this section.
(3) The conditions imposed under this section must ensure that the code for the time being in force in the case of every licensed public service channel secures, in the manner described in guidance issued by OFCOM—
(a) that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;
(b) that there is what appears to OFCOM to be sufficient clarity, when an independent production is commissioned, about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;
(c) that there is what appears to OFCOM to be sufficient transparency about the amounts to be paid in respect of each category of rights;
(d) that what appear to OFCOM to be satisfactory arrangements are made about the duration and exclusivity of those rights;
(e) that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;
(f) that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;
(g) that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.
(h) that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.
(4) The conditions imposed under this section must also ensure that the drawing up or revision of a code by virtue of this section is in accordance with guidance issued by OFCOM as to—
(a) the times when the code is to be drawn up or reviewed with a view to revision;
(b) the consultation to be undertaken before a code is drawn up or revised; and
(c) the publication of every code or revised code.
(5) The provision that may be included in a condition imposed under this section includes—
(a) provision requiring a draft of a code or of any revision of a code to be submitted to OFCOM for approval;
(b) provision for the code or revision to have effect only if approved by OFCOM; and
(c) provision for a code or revision that is approved by OFCOM subject to modifications to have effect with those modifications.
(6) OFCOM—
(a) must issue and may from time to time revise guidance for the purposes of this section;
(b) must ensure that there is always guidance for those purposes in force;
(c) must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and S4C; and
(d) must publish their guidance or revised guidance in such manner as they think appropriate.
(7) Guidance issued by OFCOM for the purposes of this section must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates.
(8) Conditions imposed under this section requiring a code to be drawn up or approved may include transitional provision for treating a code drawn up before the imposition of the condition —
(a) as satisfying the requirements of that condition; and
(b) as a code approved by OFCOM for the purposes of conditions so imposed.
(9) In this section “independent production” has the same meaning as in section 277.
(10) See also section 278B (which makes further provision for the interpretation of this section).
286 Regional programme-making for Channels 3 and 5
(1) The regulatory regime for every Channel 3 service includes the conditions (if any) that OFCOM consider appropriate in the case of that service for securing in each year—
(a) that the provider of that service makes available qualifying audiovisual content that, so far as it consists of Channel 3 programmes made in the United Kingdom, includes Channel 3 programmes made outside the M25 area;
(aa) that the duration (in total) of the Channel 3 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 the providers of Channel 3 services on Channel 3 programmes made in the United Kingdom 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) In the case of a national Channel 3 service, subsection (1) requires the inclusion of conditions in the licence for the service only where OFCOM consider, having regard to the nature of the service, that it would be appropriate for conditions falling within that subsection to be so included.
(3) The regulatory regime for Channel 5 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 the provider of Channel 5 on programmes made in the United Kingdom for viewing on that Channel , or for viewing by means of any other qualifying audiovisual service provided by the provider of that Channel, 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.
(4) Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.
(5) 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).
(6) 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.
(7) In this section—
“Channel 3 programmes” means programmes made for viewing on Channel 3 , or for viewing by means of any other qualifying audiovisual service provided by a provider of a Channel 3 service, in more than one area for which regional Channel 3 services are provided, including any programme made for viewing on a national Channel 3 service other than a regional programme;
“expenditure”, in relation to a programme, means—
expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
expenditure 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;
“programme” does not include an advertisement; and
“regional programme” means a programme made with a view to its inclusion in a national Channel 3 service as a programme of particular interest to persons living within a particular area of the United Kingdom.
(8) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).
(1) The regulatory regime for every regional 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 programmes (including regional news programmes) which are of particular interest to persons living within the area for which the service is provided;
(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 that area;
(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.
(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; or
expenditure 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).
(1) OFCOM may, if they think fit, publish criteria to be applied in accordance with this section to the provision of children's programmes.
(2) Where criteria are published by OFCOM, the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provision of children's programmes meets the criteria.
(3) Any condition imposed by virtue of this section—
(a) must relate only to the provision of children's programmes on the licensed public service channel concerned;
(b) must take into account OFCOM's assessment of the provision of children's programmes on all related services.
(4) “Related services” in relation to a Channel 3 service means—
(a) that service,
(b) all other Channel 3 services, and
(c) all services within subsection (6) that appear to OFCOM to have a sufficient connection with any Channel 3 service.
(5) “Related services” in relation to any other licensed public service channel means—
(a) that channel, and
(b) all services within subsection (6) that appear to OFCOM to have a sufficient connection with that channel.
(6) A service is within this subsection if—
(a) it is available for reception in the United Kingdom, and
(b) it is provided without any consideration being required for its reception, disregarding any requirement to pay sums in accordance with regulations under section 365.
(7) For the purposes of an assessment under subsection (3)(b) no account is to be taken of whether a programme is provided on a licensed public service channel or on another service.
(8) Any condition imposed by virtue of this section must be the same for all regional Channel 3 services.
(9) Any criteria published under this section must be published by OFCOM in a statement setting out the criteria and how they propose to apply them.
(10) OFCOM may from time to time review and revise or withdraw the criteria by publishing a further statement.
(11) Where OFCOM revise or withdraw criteria, they must take any steps they consider necessary in consequence in relation to conditions imposed by virtue of this section.
(12) OFCOM must—
(a) carry out a public consultation for the purposes of any review under subsection (10);
(b) where there are no published criteria for the time being, carry out a public consultation before publishing criteria under this section.
(13) In this section “children's programme” means a programme made—
(a) for a television programme service or for an on-demand programme service, and
(b) for viewing primarily by persons under the age of sixteen.
(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).
291 Obligation as to making and continuance of approved arrangements
(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.
(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.
293 Review of approved networking arrangements etc.
(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.
294 Supplemental provision about networking arrangements
(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.
297 Channel 4 contribution towards national television archive
(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.
(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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) After section 104 of the 1996 Act there shall be inserted—
Regulations about coverage of listed events
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;
.
303 Code relating to provision for people with disabilities
(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; and
consists 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; and
a 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.
304 Procedure for issuing and revising code under s. 303
(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.
(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.
(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.
(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.
OFCOM must provide a single, easily accessible (including by people with disabilities), online point of contact for providing information and receiving complaints regarding accessibility issues which relate to matters dealt with by sections 303 to 307 and the code drawn up by OFCOM under section 303.
(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.
310 Code of practice for electronic programme guides
(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.
(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.
311A Report on electronic programme guides and public service channels
(1) It is the duty of OFCOM from time to time to prepare and publish a report dealing with—
(a) the provision by electronic programme guides of information about programmes—
(i) included in public service channels, or
(ii) provided by means of on-demand programme services by persons who also provide public service channels, and
(b) the facilities provided by such guides for the selection of, and access to, such programmes.
(2) When preparing the report OFCOM must consult such persons as appear to them appropriate.
(3) In this section “electronic programme guide” and “public service channel” have the same meanings as in section 310.
312 Character and coverage of sound broadcasting services
(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.
313 Consultation about change of character of local services
After section 106 of the 1990 Act there shall be inserted—
Consultation about change of character of local services
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.
314 Local news and information in local sound broadcasting services
(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; or
to 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, or
if 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
315A Local news and information in local digital radio services
(1) The Secretary of State may, by regulations, make provision for enabling OFCOM to ensure that, for each licensed local radio multiplex service, at least one of the licensed local digital sound programme services broadcast by means of that multiplex service consists of, or includes, local news and information or locally-gathered news and information.
(2) The provision that may be made by regulations under this section includes provision about the conditions that OFCOM may, or must, include in a licence that authorises the provision of—
(a) a local digital sound programme service, or
(b) a local radio multiplex service.
(3) The Secretary of State must consult OFCOM before making regulations under this section.
(4) The power in section 402(3)(c) for regulations under this section to make consequential provision includes power to make provision which amends any enactment.
(5) In this section—
“licensed” local radio multiplex service or local digital sound programme service means such a service which is provided in accordance with a licence issued by OFCOM;
“local news and information”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news and information which is of particular interest—
to persons living or working within the area or locality for which the multiplex service is provided;
to persons living or working within a part of that area or locality; or
to particular communities living or working within that area or locality or a part of it;
“locally-gathered news”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news that has been gathered in the area or locality for which the multiplex service is provided, by persons who gather news in the course of an employment or business.
(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.
317 Exercise of Broadcasting Act powers for a competition purpose
(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.