For the purposes of this Part, a “designated radio selection service” is a radio selection service designated by the Secretary of State by regulations.

The Secretary of State may designate a radio selection service under subsection (1) only if the Secretary of State considers that the level of use of the service in the United Kingdom to listen to internet radio services is significant (and the Secretary of State may consider the level of use to be significant if the Secretary of State considers it to be significant in certain circumstances, such as while in a vehicle).

Before making regulations under subsection (1), the Secretary of State must have received a report under section 362BC relating to the radio selection service in question.

The Secretary of State may by regulations amend this section so as to add or remove a condition that must be satisfied before a radio selection service may be designated under subsection (1) or to alter such a condition.

Subsection (4) applies in relation to the making of regulations under subsection (5) as it applies in relation to the making of regulations under subsection (1).

The power in section 402(3)(c) for regulations under subsection (5) to make consequential provision includes power to make provision which amends any enactment.

A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.