Part 3

Television and Radio Services ETC
Chapter 6

Other provisions about television and radio services

Supplemental provisions of Part 3

Meaning of “available for reception by members of the public”
361
1
The services that are to be taken for the purposes of this Part to be available for reception by members of the public include (subject to subsection (2)) any service which—
a
is made available for reception, or is made available for reception in an intelligible form, only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision; but
b
is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.
2
A service is not to be treated as available for reception by members of the public if it is an on-demand programme service
or a non-UK on-demand programme service that is a Tier 1 service (see
section 368HA
).
6
References in this section to members of the public are references to members of the public in, or in any area of, any one or more countries or territories (which may or may not include the United Kingdom).
7
The Secretary of State may by order modify any of the provisions of this section if it appears to him appropriate to do so having regard to any one or more of the following—
a
the protection which, taking account of the means by which the programmes and services are received or may be accessed, is expected by members of the public as respects the contents of television programmes or sound programmes;
b
the extent to which members of the public are able, before television programmes are watched or accessed, to make use of facilities for exercising control, by reference to the contents of the programmes, over what is watched or accessed;
c
the practicability of applying different levels of regulation in relation to different services;
d
the financial impact for providers of particular services of any modification of the provisions of that section; and
e
technological developments that have occurred or are likely to occur.
8
No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 361(2) substituted for s. 361(2)-(5) (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 9(a)
Words in s. 361(2) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 3(2); S.I. 2024/858, reg. 2(1)(z1)
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. 361(9) omitted (19.12.2009) by virtue of Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 9(b)
S. 361 in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1
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)