Part 3B

Regulation of radio selection services

Regulation of radio selection services

Effects of the code of practice
362BL
1
The provider of a designated radio selection service is to be treated as complying with a duty or prohibition in
section 362BI
if the provider takes the actions described in the code of practice which are recommended for the purpose of complying with that duty or prohibition.
2
A failure by the provider of a designated radio selection service to act in accordance with a provision of the code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.
3
In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of the code of practice in determining any question arising in the proceedings if—
a
the question relates to a time when the provision was in force, and
b
the provision appears to the court or tribunal to be relevant to the question.
4
OFCOM must take into account a provision of the code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—
a
the question relates to a time when the provision was in force, and
b
the provision appears to OFCOM to be relevant to the question.
5
In this section, “
relevant function
” means a function conferred on OFCOM by any of sections
362BR
to
362BW
(enforcement).
Pt. 3B inserted (23.8.2024 except for the insertion of ss 362BI, 362BJ, 362BN) by Media Act 2024 (c. 15), ss. 48(1), 55(3)(f); S.I. 2024/858, reg. 2(1)(s)