Part 3

Television and Radio Services ETC
Chapter 2

Regulatory Structure for Independent Television Services

Preliminary

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).
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
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)
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)
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)