230Orders suspending rights of renewalU.K.
(1)This section applies where the Secretary of State has received and considered a report submitted to him by OFCOM under section 229.
(2)If—
(a)the report contains a recommendation by OFCOM for the making of an order under this section, or
(b)the Secretary of State considers, notwithstanding the absence of such a recommendation, that it would be appropriate to do so,
he may by order provide that [F1a licence for the time being in force that is of a description specified in the order is] not to be renewable under section 216 or 222 from the end of the licensing period in which he received the report [F2(but see subsection (7))] .
(3)An order under this section preventing the renewal of [F3a licence] from the end of a licensing period must be made at least eighteen months before the end of that period.
(4)The Secretary of State is not to make an order under this section preventing the renewal of [F4a licence] from the end of the initial licensing period unless he has fixed a date before the end of that period as the date for digital switchover.
(5)Where the Secretary of State postpones the date for digital switchover after making an order under this section preventing the renewal of [F5a licence] from the end of the initial licensing period, the order shall have effect only if the date to which digital switchover is postponed falls before the end of that period.
(6)Subsection (5) does not affect the power of the Secretary of State to make another order under this section after postponing the date for digital switchover.
(7)An order under this section with respect to [F6a Channel 3 licence] must be an order of one of the following descriptions—
(a)an order applying to every licence to provide a Channel 3 service;
(b)an order applying to every licence to provide a national Channel 3 service; or
(c)an order applying to every licence to provide a regional Channel 3 service.
(8)An order under this section does not affect—
(a)the person to whom a licence may be granted on an application made under section 15 of the 1990 Act or under paragraph 3 of Schedule 10 to this Act; or
(b)rights of renewal in respect of [F7a licence] first granted so as to take effect from the beginning of a licensing period beginning after the making of the order, or from a subsequent time.
(9)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.
(10)Subsection (8) of section 224 applies for construing references in this section to the date for digital switchover as it applies for the purposes of that section.
(11)In this section—
“initial licensing period” [F8, in relation to a licence,] means the licensing period ending with the initial expiry date [F9for that type of licence] ; and
“licensing period” has the same meaning as in section 229.
Textual Amendments
F1Words in s. 230(2) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(14), 47(1)
F2Words in s. 230(2) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(15), 47(1)
F3Word in s. 230(3) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(16), 47(1)
F4Word in s. 230(4) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(16), 47(1)
F5Word in s. 230(5) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(16), 47(1)
F6Words in s. 230(7) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(17), 47(1)
F7Word in s. 230(8)(b) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(16), 47(1)
F8Words in s. 230(11) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(18)(a), 47(1)
F9Words in s. 230(11) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(18)(b), 47(1)
Commencement Information
I1S. 230 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)