The Local Digital Television Programme Services (Amendment) Order 2024

Explanatory Note

(This note is not part of the Order)

This Order amends Part 1 of the Schedule to the Local Digital Television Programme Services Order 2012 (S.I. 2012/292) (“the 2012 Order”). The 2012 Order provides that specified provisions of Part 1 of the Broadcasting Act 1996 (c. 55) (“the 1996 Act”) and Part 3 of the Communications Act 2003 (c. 21) have effect with modifications in relation to local digital television programme services (described in article 3 of the 2012 Order). Part 1 of the Schedule to the 2012 Order makes modifications to the 1996 Act.

Article 3 of this Order makes amendments relating to local multiplex licences (defined in section 39 of the 1996 Act, as modified by paragraph 12 of the Schedule to the 2012 Order). As a result of these amendments to the 2012 Order, section 16 of the 1996 Act is modified to give OFCOM the power to extend any local multiplex licence by twelve months on one occasion. Article 3 also makes amendments which will modify the 1996 Act to give OFCOM the power to renew an extended local multiplex licence on one occasion for a period ending before 1st January 2035. Part 1 of the 1996 Act is also modified to give OFCOM the power to revoke a local multiplex licence for spectrum management reasons; new section 16C sets out the procedure to be followed by OFCOM which provides for a notice period of five years and allows for representations from the licence holder.

Article 4 of this Order makes amendments relating to local digital television programme service licences (defined in section 39 of the 1996 Act, as modified by paragraph 12 of the Schedule to the 2012 Order). These amendments modify the 1996 Act to give OFCOM the power to extend any local digital television programme service licence by twelve months on one occasion and then to renew any extended licence on one occasion for a period ending before 1st January 2035.

The new powers to vary the licences to extend the period for which they are in force do not affect the operation of section 3(4) of the 1996 Act (OFCOM’s power to vary licences).

An impact assessment of the effect that this instrument will have on the costs of business and the public sector is available from the Department for Culture, Media and Sport at 100 Parliament Street, London, SW1A 2BQ and is published alongside this Order on www.legislation.gov.uk.