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Communications Act 2003

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  • Act amendment to earlier affecting provision SI 2004/1944 art. 4 Sch. by S.I. 2010/118 art. 1 2-5
  • Act applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted) by S.I. 2017/1285 Sch. 1 para. 28(2)(c) (This amendment comes into force on the day that Digital Economy Act 2017 (c. 30), s. 4, Schs. 1, 3 come fully into force. Those provisions are commenced on 28.12.2017 by S.I. 2017/1286, reg. 2)
  • Act power to extend conferred by 2017 c. 30 s. 119(7)s. 119(8)(d)

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229Report in anticipation of new licensing roundE+W+S+N.I.
This section has no associated Explanatory Notes

(1)OFCOM must, in anticipation of the end of each licensing period [F1for a type of relevant licence]

(a)prepare a report under this section; and

(b)submit it to the Secretary of State no later than thirty months before the end of that period.

(2)A report under this section must set out OFCOM’s opinion on the effect of each of the matters mentioned in subsection (3) on the capacity of the [F2holder or holders of that type of licence] to contribute, in the next licensing period, to the fulfilment of the purposes of public service television broadcasting in the United Kingdom at a cost to the [F3licence holder or holders] that is commercially sustainable.

(3)Those matters are—

(a)the arrangements that (but for an order under section 230) would allow for the renewal of [F4that type of licence] from the end of the current licensing period; and

(b)the conditions included in the regulatory regimes for the services provided under [F5that type of licence] .

(4)A report under this section must also include the recommendations (if any) which OFCOM consider, in the light of the opinion set out in the report, should be made to the Secretary of State for the exercise by him of—

(a)his power under section 230; or

(b)any of the powers to make statutory instruments that are conferred on him by Chapter 4 of this Part.

[F6(4A)Subsection (5) applies where the Secretary of State—

(a)receives a report under this section in anticipation of the end of a licensing period for a type of relevant licence, and

(b)subsequently makes an order under section 224 extending the licensing period for that type of licence.]

(5)[F7Where this subsection applies—]

(a)[F8the Secretary of State] may require OFCOM to prepare a supplementary report in the light of the postponement of the beginning of the next licensing period [F9for that type of licence] ; and

(b)it shall be the duty of OFCOM, within such period as may be specified by the Secretary of State, to prepare the required supplementary report and to submit it to him.

(6)In this section—

  • licensing period[F10, in relation to a licence,] means—

    (a)

    the period beginning with the commencement of this section and ending with the initial expiry date [F11for that type of licence] ; or

    (b)

    any subsequent period of ten years beginning with the end of the previous licensing period [F12for that type of licence] ;

  • relevant licence” means—

    (a)

    a licence to provide a Channel 3 service;

    (b)

    a licence to provide Channel 5; or

    (c)

    the licence to provide the public teletext service.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 229(1) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(7), 47(1)

F2Words in s. 229(2) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(8)(a), 47(1)

F3Words in s. 229(2) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(8)(b), 47(1)

F4Words in s. 229(3)(a) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(9), 47(1)

F5Words in s. 229(3)(b) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(9), 47(1)

F6S. 229(4A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(10), 47(1)

F7Words in s. 229(5) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(a), 47(1)

F8Word in s. 229(5)(a) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(b), 47(1)

F9Words in s. 229(5)(a) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(b), 47(1)

F10Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(a), 47(1)

F11Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(b), 47(1)

F12Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(c), 47(1)

Commencement Information

I1S. 229 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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