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.
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)
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)
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)