Part 3

Television and Radio Services ETC
Chapter 2

Regulatory Structure for Independent Television Services

Preliminary

Regulation of independent television services
211
1
It shall be a function of OFCOM to regulate the following services in accordance with this Act, the 1990 Act and the 1996 Act—
a
services falling within subsection (2) that are provided otherwise than by the BBC or S4C; and
b
services falling within subsection (3) that are provided otherwise than by the BBC.
2
The services referred to in subsection (1)(a) are—
a
television broadcasting services that are provided from places in the United Kingdom with a view to their being broadcast otherwise than only from a satellite;
b
television licensable content services that meet the appropriate condition in subsection (4);
c
digital television programme services that—
i
can be accessed by means of a regulated electronic programme guide and are not exempt foreign services, or
ii
cannot be accessed by means of a regulated electronic programme guide but are provided by a person who is within the jurisdiction of the United Kingdom for the purposes of the European Convention on Transfrontier Television and included in broadcasts to which that Convention applies.
d
restricted television services that are provided from places in the United Kingdom; and
e
additional television services that are provided from places in the United Kingdom.
3
The services referred to in subsection (1)(b) are—
a
television multiplex services that are provided from places in the United Kingdom; and
b
digital additional television services that meet the appropriate condition in subsection (4);
4
For the purposes of subsections (2)(b) and (3)(b) “the appropriate condition” is—
a
if or to the extent that the service does not consist of an electronic programme guide, that—
i
the service can be accessed by means of a regulated electronic programme guide and is not an exempt foreign service, or
ii
the service cannot be accessed by means of a regulated electronic programme guide but is provided by a person who is within the jurisdiction of the United Kingdom for the purposes of the European Convention on Transfrontier Television and included in broadcasts to which that Convention applies;
b
if or to the extent that the service consists of an electronic programme guide, that the electronic programme guide is a regulated electronic programme guide.
5
In this section—
a
“
electronic programme guide
” has the meaning given by section 310(8),
b
“
regulated electronic programme guide
” has the meaning given by section 211A, and
c
“
exempt foreign service
” has the meaning given by section 211B.

Regulated electronic programme guides
211A
1
This section has effect for the interpretation of section 211.
2
“
Regulated electronic programme guide
” means an electronic programme guide which—
a
is provided, under a licence to provide television licensable content services or digital additional television services, by a person who was providing an electronic programme guide under that licence immediately before IP completion day,
b
is provided by a person designated by the Secretary of State by regulations or by a person having a prescribed connection with a person so designated, or
c
falls within a prescribed description.
3
In subsection (2) “
prescribed
” means prescribed by the regulations.
4
Regulations under subsection (2)(b) may only designate a person who, at the time when the regulations are made—
a
is providing an electronic programme guide that is used by members of the public in the United Kingdom as a facility for obtaining access to television programme services, or
b
is providing, or has informed OFCOM of an intention to provide, an electronic programme guide with a view to its use by members of the public in the United Kingdom as such a facility.
5
The electronic programme guides that are to be taken for the purposes of this section to be used by members of the public include any electronic programme guide that—
a
is used, or available for use, only by persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but
b
is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.
6
Before making regulations under subsection (2), the Secretary of State must consult OFCOM.
7
In this section “
electronic programme guide
” has the meaning given by section 310(8).

Exempt foreign services
211B
1
In section 211 “
exempt foreign service
” means—
a
a service provided by a person who is for the purposes of the European Convention on Transfrontier Television within the jurisdiction of a CTT State other than the United Kingdom, or
b
any of the following services—
i
the services known as RTÉ1 and RTÉ2 provided by Raidió Teilifís Éireann, and
ii
the service known as TG4 provided by Teilifís na Gaeilge.
2
The Secretary of State may by regulations amend subsection (1)(b)—
a
by adding a reference to a service appearing to the Secretary of State to be a public service channel established in Ireland,
b
by amending the description of a service for the time being specified in that provision, or
c
by omitting the reference to a service for the time being specified in that provision.
3
In this section “
CTT State
” means a State which is for the time being a party to the European Convention on Transfrontier Television.

Abolition of function of assigning television frequencies
212
The Secretary of State shall cease to have any function under the 1990 Act or the 1996 Act of assigning frequencies for the purposes of any of the following—
a
services falling to be licensed under Part 1 of the 1990 Act;
b
S4C; or
c
television multiplex services falling to be licensed under Part 1 of the 1996 Act.

Abolition of licensing for local cable systems
213
On and after the television transfer date no licence shall be required under Part 2 of the 1990 Act for the provision of a local delivery service.
S. 211(4)(5) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 20(4) (with regs. 5(2), 6) (as amended by S.I. 2020/1536, regs. 2, 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
S. 212 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)
S. 212 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)
Pt. 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
S. 211(3)(b) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 20(3) (with regs. 5(2), 6) (as amended by S.I. 2020/1536, regs. 2, 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
S. 211(2)(b)(c) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 20(2) (with regs. 5(2), 6) (as amended by S.I. 2020/1536, regs. 2, 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)
S. 211 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Word in s. 211(1)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 34; S.I. 2024/858, reg. 2(1)(x)
S. 213 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Ss. 211A, 211B inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 21 (with reg. 6) (as amended by S.I. 2020/1536, regs. 2, 5(5)); 2020 c. 1, Sch. 5 para. 1(1)
S. 212 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 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
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)