C2C1Part 3Television and Radio Services F3ETC

Annotations:
Amendments (Textual)
F3

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

F2F1Chapter 4Regulatory provisions

Annotations:
Amendments (Textual)
F2

Ss. 263-271 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)(ii)

F1

Ss. 263-271 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)(ii)

The public service remit for television

I1267Changes of programme policy

1

The regulatory regime for every licensed public service channel includes a condition requiring compliance with subsection (2) in the case of a statement of programme policy containing proposals for a significant change.

2

This subsection requires the provider of the channel—

a

to consult OFCOM before preparing the statement; and

b

to take account, in the preparation of the statement, of any opinions expressed to the provider of the channel by OFCOM.

3

A condition imposed under this section must further provide that, if it appears to OFCOM that a statement of programme policy has been prepared by the provider of the channel in contravention of a condition imposed under subsection (1), the provider is—

a

to revise that statement in accordance with any directions given to him by OFCOM; and

b

to publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM.

4

A change is a significant change for the purposes of this section if it is a change as a result of which the channel would in any year be materially different in character from in previous years.

5

In determining for the purposes of any condition under this section whether a change is a significant change—

a

regard must be had to any guidance issued by OFCOM;

b

the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years; and

c

the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur.

6

It shall be the duty of OFCOM

a

from time to time to review the guidance for the time being in force for the purposes of this section; and

b

to make such revisions of that guidance as they think fit.