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(a) persons who are deaf or hard of hearing, and | |
(b) persons who are blind or partially sighted, | |
they consider appropriate, | |
297 Meaning of “relevant date” in s. 295 | |
(1) In relation to a service, the relevant date for the purposes of section 295 is— | 5 |
(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 | 10 |
transfer date but which is not— | |
(a) a service provided by the Welsh Authority, | |
(b) a licensed public service channel, | |
(c) a digital television programme service, or | |
(d) a service which immediately before the television transfer date was a | 15 |
qualifying service within the meaning of Part 1 of the 1996 Act, | |
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 | 20 |
(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. | 25 |
(5) OFCOM may determine that a service provided by a person is to be treated for | |
the purposes of section 295 and this section as a continuation of a service | |
previously provided by him. | |
298 Power to modify targets in s. 295 | |
(1) The Secretary of State may by order modify section 295 so as to do one or both | 30 |
of the following— | |
(a) substitute a later anniversary for the anniversary specified in | |
subsection (2) of that section; | |
(b) substitute a different percentage for the percentage for the time being | |
specified in any paragraph of subsection (3) of that section. | 35 |
(2) The provision that may be made by virtue of subsection (1) 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. | 40 |
(3) Before making an order under this section the Secretary of State must consult | |
OFCOM. | |
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(4) No order is to be made containing provision authorised by subsection (1) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
299 Observance of code under s. 295 | |
(1) The regulatory regime for every service to which this section applies includes | 5 |
the conditions that OFCOM consider appropriate for securing that the code | |
maintained by them under section 295 is observed in the provision of those | |
services. | |
(2) This section applies to every service to which section 295 applies which is | |
licensed by a Broadcasting Act licence. | 10 |
Programming quotas for digital television programme services | |
300 Quotas for independent programmes | |
(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 | 15 |
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 | 20 |
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 | 25 |
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. | 30 |
(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. | 35 |
(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. | |
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Regulation of electronic programme guides | |
301 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. | 5 |
(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, of the | |
programmes included in the public service channels; and | 10 |
(b) the facilities for selecting or accessing those programmes. | |
(3) Subject to subsection (4), 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; | 15 |
(b) any Channel 3 service in digital form; | |
(c) Channel 4 in digital form; | |
(d) Channel 5 in digital form; | |
(e) S4C Digital; | |
(f) the digital public teletext service. | 20 |
(4) The Secretary of State may by order— | |
(a) add any programme service to the services for the time being specified | |
in subsection (3) as public service channels; or | |
(b) delete a service from that subsection. | |
(5) Before making an order under subsection (4) the Secretary of State must | 25 |
consult OFCOM. | |
(6) In this section “electronic programme guide” means a service which— | |
(a) is or is included in a television licensable content service, a digital | |
television programme service or a digital additional television service; | |
and | 30 |
(b) consists of— | |
(i) 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 | 35 |
(ii) a facility for obtaining access, in whole or in part, to the | |
programme service or services listed or promoted in the guide. | |
302 Conditions to comply with code under s. 301 | |
(1) The regulatory regime for every service consisting in or including an electronic | |
programme guide includes whatever conditions (if any) OFCOM consider | 40 |
appropriate for securing that the code maintained by them under section 301 is | |
observed in the provision of those services. | |
(2) In this section “electronic programme guide” has the same meaning as in | |
section 301. | |
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Character and coverage of radio services | |
303 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. | 5 |
(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— | 10 |
(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 | 15 |
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 | 20 |
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.” | |
(4) For subsection (5) (restriction on power to extend licence to new area or | |
locality) there shall be substituted— | 25 |
“(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 | 30 |
(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 | 35 |
under section 240 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 | 40 |
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.” | |
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