Communications Act 2003

305 Meaning of “relevant date” in s. 303

(1) In relation to a service, the relevant date for the purposes of section 303 is—

(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 transfer date but which is not—

(a) a service provided by the Welsh Authority,

(b) a licensed public service channel, or

(c) a digital television programme service,

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

(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.

(5) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 303 and this section as a continuation of a service previously provided by him.