The Broadcasting (Amendment) (EU Exit) Regulations 2019

Citation and commencement

1.—(1) These Regulations may be cited as the Broadcasting (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Interpretation

2.—(1) In these Regulations—

“CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television;

“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998.

(2) In these Regulations, expressions that are also used in section 211 of the Communications Act 2003(1) (as amended by Schedule 1) have the same meanings as in that section.

Amendments of primary legislation

3.  Schedule 1 contains amendments of primary legislation.

Amendments of subordinate legislation

4.  Schedule 2 contains amendments of subordinate legislation.

Transitional provision relating to EEA broadcasters

5.—(1) This regulation applies to a television licensable content service, digital television programme service or digital additional television service which—

(a) began to be provided before exit day, and

(b) is provided by a person who—

(i) immediately before exit day was for the purposes of the Audiovisual Media Services Directive under the jurisdiction of an EEA State other than the United Kingdom, and

(ii) on and after exit day is not for the purposes of the European Convention on Transfrontier Television under the jurisdiction of the United Kingdom, or any other CTT State.

(2) During the 6 months beginning with the day on which exit day falls, the service is to be taken for the purposes of section 211 of the Communications Act 2003 (as amended by Schedule 1) to be an exempt foreign service, whether or not it would be so taken apart from this regulation.

(3) In this regulation, “Audiovisual Media Services Directive” has the meaning given by section 405(1) of the Communications Act 2003(2).

Saving for existing licences

6.  Nothing in these Regulations affects the validity of licences to provide television licensable content services, digital television programme services or digital additional television services that are in force immediately before exit day.

Direction under section 23 of Communications Act 2003

7.—(1) This regulation applies to the exercise by OFCOM of a function under the enactments relating to broadcasting so far as the obligations of the United Kingdom under the European Convention on Transfrontier Television are relevant to that function.

(2) In considering for the purposes of Article 3 of the European Convention on Transfrontier Television (field of application), whether a television satellite service provided by a person who is within the jurisdiction of one CTT State can be received, directly or indirectly, in another CTT State (“the relevant State”), OFCOM must treat the service as one that can be so received if, but only if, the service—

(a) can be received by the general public in all parts of the relevant State using standard consumer equipment, and

(b) can be accessed in the relevant State by means of an electronic programme guide which—

(i) is licensed or otherwise regulated under the law of the relevant State, or

(ii) if the relevant State is a State other than the United Kingdom whose law does not regulate the provision of electronic programme guides, is provided by a person whose head office is in the relevant State.

(3) In this regulation—

“electronic programme guide” has the meaning given by section 310(8) of the Communications Act 2003;

“television satellite service” means a service which consists of or involves the broadcasting of television programme services from a satellite.

Signed by authority of the Secretary of State for Digital, Culture, Media and Sport

Margot James

Minister of State

Department for Digital, Culture, Media and Sport

12th February 2019