Textual Amendments
F1Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Modifications etc. (not altering text)
C1Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
C2Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
(1)This section applies if OFCOM—
(a)are of the opinion that C4C have failed to perform one or more of their duties under section 198A or section 198B(1), (3) or (5),
(b)are of the opinion that the failure is serious and is not excused by economic or market conditions, and
(c)determine that the situation requires the exercise of their functions under this section.
(2)In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—
(a)C4C's statements of media content policy,
(b)C4C's effectiveness and efficiency in monitoring their own performance, and
(c)general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).
(3)OFCOM may give directions to C4C to do one or both of the following—
(a)to revise the latest statement of media content policy in accordance with the direction;
(b)to take such steps for remedying the failure as OFCOM specify in the direction.
(4)A direction given under this section must set out—
(a)a reasonable timetable for complying with it, and
(b)the factors that OFCOM will take into account in determining whether or not a failure has been remedied.
(5)OFCOM must consult C4C before giving a direction under this section.]
Textual Amendments
F2Ss. 198B-198D inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(1), 47(1)