Search Legislation

Communications Act 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Preliminary

 Help about opening options

Changes to legislation:

Communications Act 2003, Cross Heading: Preliminary is up to date with all changes known to be in force on or before 31 March 2020. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 4A Crossheading Preliminary:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1PreliminaryU.K.

Textual Amendments

368AMeaning of “on-demand programme service”U.K.

(1)For the purposes of this Act, a service is an “on-demand programme service” if—

(a)its principal purpose is the provision of programmes the form and content of which are comparable to the form and content of programmes normally included in television programme services;

(b)access to it is on-demand;

(c)there is a person who has editorial responsibility for it;

(d)it is made available by that person for use by members of the public; and

(e)that person is under the jurisdiction of the United Kingdom for the purposes of the Audiovisual Media Services Directive.

(2)Access to a service is on-demand if—

(a)the service enables the user to view, at a time chosen by the user, programmes selected by the user from among the programmes included in the service; and

(b)the programmes viewed by the user are received by the user by means of an electronic communications network (whether before or after the user has selected which programmes to view).

(3)For the purposes of subsection (2)(a), the fact that a programme may be viewed only within a period specified by the provider of the service does not prevent the time at which it is viewed being one chosen by the user.

(4)A person has editorial responsibility for a service if that person has general control—

(a)over what programmes are included in the range of programmes offered to users; and

(b)over the manner in which the programmes are organised in that range;

and the person need not have control of the content of individual programmes or of the broadcasting or distribution of the service (and see section 368R(6)).

(5)If an on-demand programme service (“the main service”) offers users access to a relevant ancillary service, the relevant ancillary service is to be treated for the purposes of this Part as a part of the main service.

(6)In subsection (5), “relevant ancillary service” means a service or facility that consists of or gives access to assistance for disabled people in relation to some or all of the programmes included in the main service.

(7)In this section “assistance for disabled people” has the same meaning as in Part 3.

368BThe appropriate regulatory authorityU.K.

(1)OFCOM may designate any body corporate to be, to the extent provided by the designation, the appropriate regulatory authority for the purposes of any provision of this Part, subject to subsection (9).

(2)To the extent that no body is designated for a purpose, OFCOM is the appropriate regulatory authority for that purpose.

(3)Where a body is designated for a purpose, OFCOM may act as the appropriate regulatory authority for that purpose concurrently with or in place of that body.

(4)OFCOM may provide a designated body with assistance in connection with any of the functions of the body under this Part.

(5)A designation may in particular—

(a)provide for a body to be the appropriate regulatory authority in relation to on-demand programme services of a specified description;

(b)provide that a function of the appropriate regulatory authority is exercisable by the designated body—

(i)to such extent as may be specified;

(ii)either generally or in such circumstances as may be specified; and

(iii)either unconditionally or subject to such conditions as may be specified.

(6)The conditions that may be specified pursuant to subsection (5)(b)(iii) include a condition to the effect that a function may, generally or in specified circumstances, be exercised by the body only with the agreement of OFCOM.

(7)A designation has effect for such period as may be specified and may be revoked by OFCOM at any time.

(8)OFCOM must publish any designation in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.

(9)OFCOM may not designate a body unless, as respects that designation, they are satisfied that the body—

(a)is a fit and proper body to be designated;

(b)has consented to being designated;

(c)has access to financial resources that are adequate to ensure the effective performance of its functions as the appropriate regulatory authority;

(d)is sufficiently independent of providers of on-demand programme services; and

(e)will, in performing any function to which the designation relates, have regard in all cases—

(i)to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and

(ii)to such of the matters mentioned in section 3(4) as appear to the body to be relevant in the circumstances.

(10)Subject to any enactment or rule of law restricting the disclosure or use of information by OFCOM or by a designated body—

(a)a designated body may supply information to another designated body for use by that other body in connection with any of its functions as the appropriate regulatory authority;

(b)a designated body may supply information to OFCOM for use by OFCOM in connection with any of their functions under this Part;

(c)OFCOM may supply information to a designated body for use by that body in connection with any of its functions as the appropriate regulatory authority.

[F2(d)OFCOM may supply information to the video works authority, within the meaning of section 368E, for use by the video works authority in connection with functions of OFCOM as the appropriate regulatory authority;

(e)a designated body may supply information to the video works authority, within the meaning of section 368E, for use by the video works authority in connection with functions of the designated body as the appropriate regulatory authority.]

(11)In carrying out their functions as the appropriate regulatory authority, a designated body may carry out, commission or support (financially or otherwise) research.

(12)In this section—

  • “designation” means a designation under this section and cognate expressions are to be construed accordingly;

  • “specified” means specified in a designation.]

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources