The Community Radio Order 2025

Schedule Modification of legislation in relation to community radio services

Article 4 Part 1 Modifications to the Broadcasting Act 1990 1 Part 3 of the 1990 Act is modified as follows. 2 Section 86 (duration of certain licences) has effect as if in subsection (3)— (a) for “local or national service or to provide an additional service”, there were substituted “community radio service”, and (b) for “twelve”, there were substituted “ten”. 3 Part 3 has effect as if for section 104 (applications for licences: local and restricted services) there were substituted— Application for community radio licences 104 (1) Where OFCOM propose to grant a licence to provide a community radio service, they must publish, in such manner as they consider appropriate, a notice— (a) stating that they propose to grant such a licence, (b) specifying any areas or localities in the United Kingdom in relation to which no applications may be made, (c) inviting applications for the licence and specifying the closing date for applications, and (d) stating the fee payable on any application made in pursuance of the notice. (2) Any application made in pursuance of a notice under subsection (1) must be in writing and accompanied by— (a) the fee specified in the notice under paragraph (d) of that subsection; (b) the applicant’s proposals for providing a service that would— (i) cater for the tastes and interests of persons comprising the relevant community or for any particular tastes and interests of such persons, (ii) broaden the range of programmes available by way of local services to persons comprising that community, (iii) broaden the range of local services provided in the area or locality in which the proposed service would be provided, and (iv) be of a nature or have a content distinct from that of any other community radio service the licence for which would overlap with that for the proposed service; (c) evidence that the provision of the service will result in the delivery of significant social gain to the public or the relevant community; (d) such information as OFCOM may reasonably require— (i) as to the applicant’s present financial position and projected financial position (with regard, in particular, to the number and nature of any persons from whom the applicant proposes to receive the income required to provide the proposed service and the proportion of that income that the applicant proposes to receive from each of those persons) during the period for which the licence would be in force, and (ii) as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of the proposed service; (e) such other information as OFCOM may reasonably require for the purpose of considering the application. (3) At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under subsection (2)(b), (c), (d) or (e). (4) OFCOM must, at the request of any person and on the payment by that person of such sum (if any) as OFCOM may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) or (c) by the applicants for a community radio licence. (5) In this section and sections 105 and 106 “programme” does not include an advertisement. . 4 Section 104A (renewal of local licences), section 104AA (further renewal of local licences), section 104AB (renewal under section 104AA: nomination of national services) and section 104AC (variation of conditions relating to digital services) do not have effect. 5 Part 3 has effect as if after section 104AC there were inserted— Special requirements relating to the grant of community radio licences 105 (1) Where OFCOM have published a notice under section 104(1), they must, in determining whether, or to whom, to grant the community radio licence in question, have regard to the following matters— (a) the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which the applicant proposes to provide; (b) the extent to which any such proposed service would cater for the tastes and interests of persons comprising the relevant community, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests; (c) the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality in which it would be provided, and, in particular, the extent to which the service would be of a nature or have a content distinct from that of any other community radio service the licence for which would overlap with the licence for the proposed service; (d) the extent to which there is evidence, that amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service; (e) the extent to which the provision of any such proposed service would result in the delivery of social gain to the public or the relevant community; (f) the provision that each of the applicants proposes to make in order to render themselves accountable to the relevant community in respect of the provision of the proposed service; (g) the provision that each of the applicants proposes to make to allow for access by members of the relevant community to the facilities to be used for the provision of the service and for their training in the use of those facilities. (2) Every licence to provide a community radio service that overlaps with a relevant local licence must include such conditions as appear to OFCOM to be appropriate for ensuring that the relevant income for that community radio licence as is attributable to any arrangement for— (a) the inclusion in that service of any remunerated advertisement, and (b) the sponsorship of any programmes included in that service, does not, in any financial year of the holder of the licence, exceed £30,000. (3) For the purposes of subsection (2), a local licence is a relevant local licence where— (a) the service provided by the licence is not a community radio service, (b) the potential audience of that service includes no more than 150,000 persons who have attained the age of 15 years, (c) the licence was granted before 1st April 2025, and (d) the licence has not been varied pursuant to section 106(1A)(e) before 17th October 2024. (4) The Secretary of State may request OFCOM to review whether the £30,000 figure in subsection (2) remains appropriate. (5) In this section— “relevant income”, in relation to any community radio licence, means any payment or other financial benefit (whether direct or indirect) attributable to the provision of the service under that licence which any relevant person has received, will receive or is or will be entitled to receive in the financial year in question; “relevant person”, in relation to a community radio licence, means the holder of that licence and every person who is connected with that person; “remunerated advertisement”, in relation to a service provided under a community radio licence, means any advertisement included in that service for which any relevant person has received, will receive or is or will be entitled to receive, any payment or other financial benefit (whether direct or indirect) in consideration for so including it. (6) Any reference in this section to sponsorship does not include a reference to any payment made, or other financial benefit (whether direct or indirect) conferred, by a person for purposes that are wholly or mainly philanthropic in nature. . 6 Section 106 (requirements as to character and coverage of national and local services) has effect as if— (a) in subsection (1), for “national”, there were substituted “community radio”; (b) in subsection (1A), after paragraph (a) there were inserted— (b) that the departure would not narrow the range of programmes available by way of community radio services to persons comprising the relevant community; (c) that there is evidence that, amongst persons comprising that community, there is a significant demand for, or significant support for, the change that would result from the departure; (d) that the departure would not be prejudicial to the access by members of that community to the facilities used for the provision of the service and for training in the use of those facilities; or (e) that the departure would not be prejudicial to the delivery of social gain resulting from the provision of the service provided under that licence. ; (c) after subsection (1A) there were inserted— (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 community radio licence include, in particular, the selection of spoken material and music in programmes included in the service. (1C) Without limiting subsection (1), a community radio licence must include such conditions as appear to OFCOM to be appropriate for securing that the holder of the licence does not enter into, or remain subject to, any arrangement if an effect of that arrangement is to allow another holder of a Broadcasting Act licence or the BBC or S4C to exercise an undue influence over the nature and content of the programmes included in the service provided under that licence. (1D) In subsection (1C), “arrangement” includes any agreement or arrangement with one or more other persons, whether or not it is, or is intended to be, legally enforceable. ; (d) for subsection (2), there were substituted— (2) Without limiting subsections (1) to (1D), a community radio licence must include such conditions as OFCOM consider are appropriate to ensure that the licence holder provides the service described in the application for that licence. ; (e) in subsection (4), for “local” there were substituted “community radio”; (f) in subsections (4), (5) and (6), for “locality for which”, in each place those words occur, there were substituted “locality in which”. 7 Part 3 has effect as if after section 106 there were inserted— Consultation about change of character of community radio service 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 community radio licence on any of the grounds mentioned in paragraphs (b) to (e) 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. . 8 Section 126 (interpretation of Part 3) has effect as if— (a) after the definition of “cash bid” there were added— “community” means— the persons who live or work or undergo education or training in a particular area or locality, or persons who (whether or not they fall within paragraph (a)) have one or more interests or characteristics in common; “community radio licence” means a licence to provide a community radio service; “community radio service” has the meaning given in article 2(1) of the Community Radio Order 2025; ; (b) after the definition of “local service”, “national service” and “restricted service”, there were added— “overlap” is be construed in accordance with article 2(4) of the Community Radio Order 2025; “potential audience” has the meaning given in article 2(1) of the Community Radio Order 2025; ; (c) after the definition of “radio transfer date”, there were added— “relevant community” means, in relation to a community radio service, the community or communities which that service is intended to serve; . 9 Part 2 of Schedule 2 (disqualification for holding licences) has effect as if— (a) in paragraph 1, sub-paragraph (1)(f) (individual who is an officer of a political body etc.) were omitted; (b) paragraph 3 (disqualification of publicly-funded bodies for radio services licence) were omitted; (c) in paragraph 4 (general disqualification on grounds of undue influence)— (i) in sub-paragraph (1)(a), for “relevant body” there were substituted “person”; (ii) sub-paragraph (2) were omitted. Part 2 Modifications to the Communications Act 2003 10 Part 3 of the Communications Act 2003 is modified as follows. 11 Section 245 (regulation of independent radio services) has effect as if, in subsection (4), after paragraph (b) there were inserted— (ba) a service is a community radio service if it is a local service having the characteristics set out in article 3 of the Community Radio Order 2025; . 12 Section 314 (local news and information in local sound broadcasting services) does not have effect. 13 Chapter 3 of Part 3 has effect as if section 253 (extension and modification of existing licences) were omitted and before section 254 (renewal of local licences) there were inserted— Extension of community radio licences 253A (1) A person who holds a community radio licence may apply to OFCOM for four extensions of the licence. (2) The period for which a licence may be extended, for each of the first three extensions, is a period ending not more than five years after the date the licence would otherwise expire. (3) The period for which a licence may be extended, for the fourth extension, is a period ending not more than ten years after the date the licence would otherwise expire. (4) An application under subsection (1) may only be made in the period which— (a) begins eighteen months before the date on which the licence would otherwise expire, and (b) ends— (i) where the application is for a fourth extension and the licence would otherwise expire before 1st November 2025, eight weeks before the date on which the licence would otherwise expire, or (ii) in other cases, six months before the date on which the licence would otherwise expire. (5) An application under subsection (1)— (a) must be made in such manner, (b) must contain such information about the applicant, the applicant's business and the service the applicant proposes to provide, and (c) must be accompanied by such fee (if any), as OFCOM may determine. (6) If, on an application for an extension under subsection (1), OFCOM are satisfied as to the matters mentioned in subsection (7), they must modify the licence by extending the period for which the licence is to be in force by such period authorised by subsection (2) or (3) as they think fit. (7) Those matters are— (a) the ability of the licence holder to maintain the service for the period of the extension, and (b) the licence holder would, if the licence were extended, be in a position to comply with the conditions included in the licence in pursuance of section 106 of the 1990 Act. .