40 Radio multiplex services.U.K.
[F1(1)In this Part “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003.]
(4)A radio multiplex service F2... may be either—
(a)provided for a particular area or locality in the United Kingdom (a “local radio multiplex service”), or
(b)provided without any restriction by virtue of this Act to a particular area or locality in the United Kingdom (a “national radio multiplex service”).
(5)In this Part “digital sound programme service” means a service consisting in the provision by any person of programmes consisting wholly of sound (together with any ancillary services, as defined by section 63(2)) with a view to their being broadcast in digital form [F3so as to be available for reception by members of the public] , whether by him or by some other person, but does not include—
(a)a simulcast radio service (as defined by section 41(2)), or
(b)a service where the sounds are to be received through the use of coded reference to pre-defined phonetic elements of sounds.
(6)The Secretary of State may, if having regard to developments in broadcasting technology he considers it appropriate to do so, by order amend the definition of “digital sound programme service” in subsection (5).
(7)No order under subsection (6) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
[F4(8)In this section—
“available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003;
“broadcast” means broadcast otherwise than from a satellite.]
Textual Amendments
F1S. 40(1) substituted for s. 40(1)-(3) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 101(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 40(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 101(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3Words in s. 40(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 101(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4S. 40(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 101(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)