Communications Act 2003

314 [F1 Local content and character of local sound broadcasting services] [F1 Local news and information in local sound broadcasting services] U.K.

(1) [F2 It shall be the duty of OFCOM to carry out their functions in relation to local sound broadcasting services in the manner that they consider is best calculated to secure—

(a) that programmes consisting of or including local material are included in such services F3 ...; and

(b) that, where such programmes are included in such a service, what appears to OFCOM to be a suitable proportion of them consists of locally-made programmes.]

[F2 A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for—

(a) requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and

(b) requiring that local news to consist of or include locally-gathered news.]

[F4 (1A) [F5 Paragraphs (a) and (b) of subsection (1) apply in the case of each local sound broadcasting service only if and to the extent (if any) that OFCOM consider it appropriate in that case.]]

[F5 But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case.]

(2) OFCOM must—

(a) draw up guidance as to how they consider [F6 the requirements of subsection (1)(a) and (b) should be satisfied] [F6 the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1)]; and

(b) have regard to that guidance in carrying out their functions [F7 in relation to local sound broadcasting services] [F7 under subsection (1)].

(3) The guidance may be different for different descriptions of services.

(4) OFCOM may revise the guidance from time to time.

(5) Before drawing up or revising the guidance, OFCOM must consult—

(a) such persons as appear to them to represent the interests of persons for whom local sound broadcasting services are or would be provided;

(b) persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both; and

(c) such other persons as they consider appropriate.

(6) OFCOM must publish the guidance and every revision of it in such manner as they consider appropriate.

(7) In this section—

• [F8 [F9 “approved area”, in relation to programmes included in a local sound broadcasting service, means an area approved by OFCOM for the purposes of this section that includes the area or locality for which the service is provided;]]

• [F10 “ local material”] [F10 “local news and information”], in relation to a local sound broadcasting service, [F11 means material] [F11 means news and information] which is of particular interest—

  (a)

  to persons living or working within the area or locality for which the service is provided;

  (b)

  to persons living or working within a part of that area or locality; or

  (c)

  to particular communities living or working within that area or locality or a part of it;

• [F12 “locally-made”, in relation to programmes included in a local sound broadcasting service, means made wholly or partly at premises in the area or locality for which that service is provided [F13 or, if there is an approved area for the programmes, that area];]

• [F12 “locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means—

  (a)

  news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, or

  (b)

  if there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business;]

  and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section;

• [F14 “material” includes news, information and other spoken material and music; and]

• “programme” does not include an advertisement.

(8) References in this section to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality.

[F15 (9) [F16 Before approving an area for the purposes of this section, OFCOM must publish a document specifying—

(a) the area that they propose to approve, and

(b) a period in which representations may be made to OFCOM about the proposals.]

(10) [F16 OFCOM may withdraw their approval of all or part of an area at any time if the holder of the licence to provide the local sound broadcasting service concerned consents.]

(11) [F16 Where OFCOM approve an area or withdraw their approval of an area, they must publish, in such manner as they consider appropriate, a notice giving details of the area.]]

Textual Amendments

F1 S. 314 heading substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(3), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F2 S. 314(1) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(4), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F3 Words in s. 314(1)(a) repealed (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(3), 47(1), Sch. 2

F4 S. 314(1A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(4), 47(1)

F5 S. 314(1A) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(5), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F6 Words in s. 314(2)(a) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(6)(a), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F7 Words in s. 314(2)(b) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(6)(b), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F8 Words in s. 314(7) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 44(7)(a), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F9 Words in s. 314(7) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(5)(a), 47(1)

F10 Words in s. 314(7) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(7)(b)(i), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F11 Words in s. 314(7) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(7)(b)(ii), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F12 Words in s. 314(7) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 44(7)(c), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F13 Words in s. 314(7) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(5)(b), 47(1)

F14 Word in s. 314(7) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 44(7)(d), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

F15 S. 314(9)-(11) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(6), 47(1) (with s. 34(7))

F16 S. 314(9)-(11) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 44(8), 55(3)(e); S.I. 2024/858, reg. 3, Sch.

Commencement Information

I1 S. 314 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)