Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

The public service remit for television

Changes of programme policy
267
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 which—
a
the channel, or
b
any other relevant audiovisual service which is being used to fulfil the public service remit for 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.
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)
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)
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
Words in s. 267(4) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 5, 55(3)(a); S.I. 2024/858, reg. 3, Sch.
S. 267 in force at 28.12.2004 by S.I. 2004/3309, art. 3
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)