S. 263 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

http://www.legislation.gov.uk/ukpga/2003/21/section/263/2004-06-30Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2004-06-30Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2Communications Act 2003Sch. 4 para. 3(6A)(6B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(2)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(4A)(4B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(8)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(d)Sch. 5 Pt. 1s. 5(2)Communications Act 2003s. 319(10)-(11B)Tobacco and Vapes Act 2026Sch. 16 para. 2s. 166s. 176(2)(c)Communications Act 2003s. 368F(1)(aa)(ab)Tobacco and Vapes Act 2026Sch. 16 para. 3(2)s. 166s. 176(2)(c)Communications Act 2003s. 368F(1A)(1B)Tobacco and Vapes Act 2026Sch. 16 para. 3(3)s. 166s. 176(2)(c)Communications Act 2003s. 368H(4)(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 5(2)(b)s. 166s. 176(2)(c)Communications Act 2003s. 368H(15A)-(15BB)Tobacco and Vapes Act 2026Sch. 16 para. 5(3)s. 166s. 176(2)(c)Communications Act 2003Sch. 11A para. 4(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 7(2)(b)s. 166s. 176(2)(c)Part 3Television and Radio ServicesChapter 4Regulatory provisionsApplication of regulatory regimes
263Application of regulatory regimes(1)

It shall be the duty of OFCOM, by exercising—

(a)

their powers under the 1990 Act and the 1996 Act, and

(b)

their powers under this Part,

to secure that the holder of every Broadcasting Act licence at all times holds his licence on the conditions which are for the time being included, under this Chapter and Chapter 5 of this Part, in the regulatory regime for the licensed service.

(2)

It shall also be the duty of OFCOM to do all that they can to secure that the holder of every such licence complies, in relation to the licensed service, with the conditions so included in the regulatory regime for that service.

(3)

Where—

(a)

the licence for a Channel 3 service, for Channel 4, for Channel 5 or for the public teletext service (“the main service”) authorises or requires a corresponding or additional service to be provided in analogue form, and

(b)

the regulatory regime for the main service imposes obligations in relation to programmes and other items included in that service,

those obligations are to apply equally to programmes that are included in the analogue service without being included in the main service.

(4)

The Secretary of State may by order provide for conditions which are included by virtue of a provision of this Act in the regulatory regime for any service to cease to be so included.

(5)

No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6)

This section does not restrict OFCOM’s powers and duties apart from this section to impose obligations by means of the inclusion of conditions in a Broadcasting Act licence.