Part 3

Television and Radio Services ETC
Chapter 2

Regulatory Structure for Independent Television Services

Television licensable content services

Services that are not television licensable content services
233
1
A service , or dissociable section of a service, is not a television licensable content service to the extent that it is provided with a view to its being broadcast by means of a television multiplex service or a general multiplex service .
2
A service , or dissociable section of a service, is not a television licensable content service to the extent that it consists of a service the provision of which is authorised by—
a
a licence to provide a television broadcasting service;
b
the licence to provide the public teletext service; or
c
a licence to provide additional television services.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A service , or dissociable section of a service, is not a television licensable content service if it is a two-way service (within the meaning of section 232).
5
A service , or dissociable section of a service, is not a television licensable content service if—
a
it is distributed by means of an electronic communications network only to persons all of whom are on a single set of premises; and
b
that network is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises.
6
For the purposes of subsection (5)—
a
a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
b
two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.
7
A service , or dissociable section of a service, is not a television licensable content service if it is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being—
a
persons who have a business interest in the programmes included in the service; or
b
persons who are to receive the programmes for the purpose only of showing them to persons falling within sub-paragraph (a) or to persons all of whom are on the business premises of the person receiving them.
8
For the purposes of subsection (7) a person has a business interest in programmes if he has an interest in receiving or watching them—
a
for the purposes of a business carried on by him; or
b
for the purposes of his employment.
9
In this section—
- “business premises”, in relation to a person, means premises at or from which any business of that person is carried on;
...
- “premises” includes a vehicle;
- “vehicle” includes a vessel, aircraft or hovercraft.
10
References in this section, in relation to a person, to a business include references to—
a
any business or other activities carried on by a body of which he is a member and the affairs of which are managed by its members; and
b
the carrying out of any functions conferred on that person, or on any such body, by or under any enactment.
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)
Words in s. 233(9) omitted (25.7.2006) by virtue of Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(2)(b)
S. 233 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 233(4) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 6 (with Pt. 7)
Words in s. 233(1) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 6 (with Pt. 7)
Words in s. 233(5) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 6 (with Pt. 7)
Words in s. 233(2) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 6 (with Pt. 7)
Words in s. 233(1) substituted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(2)(a)
Words in s. 233(7) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 6 (with Pt. 7)
S. 233(3) omitted (19.12.2009) by virtue of Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 6(2)
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