Communications Act 2003

198 Functions of OFCOM in relation to the BBC U.K.

(1) It shall be a function of OFCOM, to the extent that provision for them to do so is contained in—

(a) the BBC Charter and Agreement, and

(b) the provisions of this Act and of Part 5 of the 1996 Act,

[F1 to regulate the BBC.]

(2) For the purposes of the carrying out of that function OFCOM—

(a) are to have such powers and duties as may be conferred on them by or under the BBC Charter and Agreement; and

(b) are entitled, to the extent that they are authorised to do so by the Secretary of State or under the terms of that Charter and Agreement, to act on his behalf in relation to that Charter and Agreement.

[F2 (2A) The BBC Charter and Agreement may in particular confer on OFCOM, as a power they are to have by virtue of subsection (2)(a), power to require any person to provide information for the purposes of the carrying out by OFCOM of their function under subsection (1).]

(3) The BBC must pay OFCOM such penalties in respect of contraventions by the BBC of provision made by or under—

(a) this Part,

[F3 (aa) Part 4A,] or

(b) the BBC Charter and Agreement,

as are imposed by OFCOM in exercise of powers conferred on them by that Charter and Agreement.

(4) The BBC are also to be liable to pay OFCOM such sums in respect of the carrying out by OFCOM of their functions in relation to the BBC as may be—

(a) agreed from time to time between the BBC and OFCOM; or

(b) (in default of agreement) fixed by the Secretary of State.

(5) The maximum penalty that may be imposed on the BBC on any occasion by OFCOM in exercise of a power conferred by virtue of the BBC Charter and Agreement is £250,000.

(6) The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (5).

(7) No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(8) It shall be the duty of OFCOM to have regard to their functions under this section when carrying out their functions under the 1990 Act, the 1996 Act and this Part in relation to services provided by persons other than the BBC.

F4 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 198(1) substituted (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 88(3), 118(1)

F2 S. 198(2A) inserted (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 88(4), 118(1)

F3 S. 198(3)(aa) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 3(1)(a)

F4 S. 198(9) omitted (27.4.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 88(5), 118(1)

Modifications etc. (not altering text)

C1 S. 198(1) amendment by 2017 c. 30, s. 88(3) extended to Isle of Man (1.3.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(2), 2

C2 S. 198(2A) amendment by 2017 c. 30, s. 88(4) extended to Isle of Man (1.3.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(2), 2

C3 S. 198(9) amendment by 2017 c. 30, s. 88(5) extended to Isle of Man (1.3.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(2), 2

Commencement Information

I1 S. 198 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)