Part 3

Television and Radio Services
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 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.