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.
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
S. 318 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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)