Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Competition between licensed providers etc.

Review of powers exercised for competition purposes
318
1
It shall be the duty of OFCOM, at such intervals as they consider appropriate, to carry out a review of so much of each of the following as has effect for a competition purpose—
a
every code made or approved by them under or for the purposes of a broadcasting provision;
b
the guidance issued by them under or for the purposes of broadcasting provisions; and
c
every direction given by them under or for the purposes of a broadcasting provision.
2
Before modifying or revoking, or withdrawing their approval from, anything which is subject to periodic review under this section, OFCOM must consult such persons as they consider appropriate.
3
Subsection (2) applies irrespective or whether the modification, revocation or withdrawal is in consequence of a review under this section.
4
For the purposes of this section a provision has effect for a competition purpose to the extent that its only or main purpose is to secure that the holder of a Broadcasting Act licence does not—
a
enter into or maintain arrangements, or
b
engage in a practice,
which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services.
5
In this section “broadcasting provision” means—
a
a provision of this Part of this Act, of the 1990 Act or of the 1996 Act, or
b
any provision of a Broadcasting Act licence,
other than provision contained in any of sections 290 to 294 of this Act or Schedule 11 to this Act.
S. 318 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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
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