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Broadcasting Act 1996, Section 104ZA is up to date with all changes known to be in force on or before 06 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)OFCOM may make regulations for determining for the purposes of this Part—
(a)the circumstances in which the [F2coverage] of listed events generally, or of a particular listed event, is or is not to be treated as live [F3coverage];
[F4(aa)what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate live coverage for the purposes of section 101(4)(c);]
(b)what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage [F5for the purposes of section 101(6)(c)]; and
(c)the requirements that must be satisfied for the purposes of [F6section 101(6)(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 [F7“live coverage”] for the purposes of section 101B.
[F8(2A)Regulations made by virtue of subsection (1)(aa) may, in particular—
(a)describe what represents the provision of adequate live coverage by reference to—
(i)the duration of the live coverage (whether expressed as a percentage of the duration of the proceedings or otherwise),
(ii)the numbers of relevant services of particular descriptions in which the live coverage is included (subject to section 101(4)(d)), or
(iii)a combination of those matters;
(b)provide for live coverage not to be taken into account if the provider of the service is unable to select what parts of the proceedings are covered.
(2B)When making regulations by virtue of subsection (1)(aa), OFCOM must have regard to—
(a)the forms of live coverage that OFCOM consider are likely to satisfy the interest of members of the public in the United Kingdom or an area of the United Kingdom in listed events of the sort to which section 101(4)(c) relates;
(b)the desirability of facilitating the making of arrangements under which rights to include live coverage of sporting events that involve different sports are acquired by providers of relevant services in both of the categories of relevant service set out in section 98(1).]
(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.]
Textual Amendments
F1S. 104ZA inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 302(1), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Word in s. 104ZA(1)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(2)(a)(i), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F3Word in s. 104ZA(1)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(2)(a)(ii), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F4S. 104ZA(1)(aa) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(2)(b), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F5Words in s. 104ZA(1)(b) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(2)(c), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F6Words in s. 104ZA(1)(c) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(2)(d), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F7Words in s. 104ZA(2) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(3), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
F8S. 104ZA(2A)(2B) inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 23(4), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 2(1)(c)
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