Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Regulation of electronic programme guides

Code of practice for electronic programme guides
310
1
It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to the practices to be followed in the provision of electronic programme guides.
2
The practices required by the code must include the giving, in the manner provided for in the code, of such degree of prominence as OFCOM consider appropriate to—
a
the listing or promotion, or both the listing and promotion, for members of its intended audience, of the programmes included in each public service channel; and
b
the facilities, in the case of each such channel, for members of its intended audience to select or access the programmes included in it.
3
The practices required by the code must also include the incorporation of such features in electronic programme guides as OFCOM consider appropriate for securing that persons with disabilities , in particular those affecting their sight or hearing or both —
a
are able, so far as practicable, to make use of such guides for all the same purposes as persons without ... disabilities; and
b
are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the programmes listed or promoted.
4
Subject to subsection (5), in subsection (2) the reference to the public service channels is a reference to any of the following—
a
any service of television programmes provided by the BBC in digital form so as to be available for reception by members of the public;
b
any Channel 3 service in digital form;
c
Channel 4 in digital form;
d
Channel 5 in digital form;
e
S4C Digital;
f
the digital public teletext service.
g
a local digital television programme service;
h
a simulcast local service.
5
The Secretary of State may by order—
a
add any programme service to the services for the time being specified in subsection (4) as public service channels; or
b
delete a service from that subsection.
6
Before making an order under subsection (5) the Secretary of State must consult OFCOM.
7
In this section “intended audience”, in relation to a service of any description, means—
a
if the service is provided only for a particular area or locality of the United Kingdom, members of the public in that area or locality;
b
if it is provided for members of a particular community, members of that community; and
c
in any other case, members of the public in the United Kingdom.
8
In this section “electronic programme guide” means a service which consists of—
a
the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and
b
a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide.
9
In this section “local digital television programme service” means any service which falls within a description of service in relation to which provision is for the time being made under section 244 (local digital television services).
10
In this section “simulcast local service” means a service provided in digital form and corresponding to a local digital television programme service.
11
For the purposes of subsection (10), a service corresponds to a local digital television programme service (“the relevant service”) if all of the programmes included in the relevant service are provided at the same time on both services.
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)
S. 310 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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. 310(3) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 11(a) (with Pt. 7)
Word in s. 310(3)(a) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 11(b) (with Pt. 7)
S. 310(9)-(11) inserted (31.1.2012) by The Code of Practice for Electronic Programme Guides (Addition of Programme Services) Order 2011 (S.I. 2011/3003), arts. 1, 2(b)
S. 310(4)(g)(h) inserted (31.1.2012) by The Code of Practice for Electronic Programme Guides (Addition of Programme Services) Order 2011 (S.I. 2011/3003), arts. 1, 2(a)
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