Communications Act 2003

314 Local content and character of local sound broadcasting services U.K.

(1) 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 F1 ...; 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 (1A) 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.]

(2) OFCOM must—

(a) draw up guidance as to how they consider the requirements of subsection (1)(a) and (b) should be satisfied; and

(b) have regard to that guidance in carrying out their functions in relation to local sound broadcasting services.

(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—

• [F3 “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;]

• “ local material”, in relation to a local sound broadcasting service, means material 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;

• “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 [F4 or, if there is an approved area for the programmes, that area] ;

• “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.

[F5 (9) 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) 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) 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 Words in s. 314(1)(a) repealed (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(3), 47(1), Sch. 2

F2 S. 314(1A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(4), 47(1)

F3 Words in s. 314(7) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(5)(a), 47(1)

F4 Words in s. 314(7) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(5)(b), 47(1)

F5 S. 314(9)-(11) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 34(6), 47(1) (with s. 34(7))

Commencement Information

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