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Communications Act 2003
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Changes to legislation:
Communications Act 2003, Section 198D is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 198D:
- s. 148A and cross-heading inserted by 2022 c. 46 s. 73(2)
- s. 204A-204C substituted for s. 204-206 by 2024 c. 15 s. 32(2)
- s. 264(10A)(10B) inserted by 2024 c. 15 s. 1(3)
- s. 270(3)(ca) inserted by 2024 c. 15 s. 6(3)
- s. 270(4A) inserted by 2024 c. 15 s. 6(4)
- s. 270(7A) inserted by 2024 c. 15 s. 6(7)
- s. 278A inserted by 2024 c. 15 s. 10
- s. 351(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 58(2)(b)
- s. 351(5)(aa) substituted for s. 351(5)(a) by 2024 c. 15 Sch. 2 para. 58(3)(a)
- s. 353(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 59(2)(b)
- s. 368E(5)(d)(e) inserted by 2017 c. 30 s. 94(3)
- s. 402(2A)(za)(zb) inserted by 2022 c. 46 Sch. para. 2
- Sch. 3A para. 21(6) inserted by 2022 c. 46 Sch. para. 3(5)(b)
- Sch. 3A para. 37(3)(aza) inserted by 2022 c. 46 Sch. para. 3(9)
- Sch. 3A para. 84(1)(aza) inserted by 2022 c. 46 Sch. para. 3(10)
- Sch. 3A para. 103(1)(ca) inserted by 2022 c. 46 s. 70
- Sch. 3A para. 119A inserted by 2022 c. 46 s. 72
- Sch. 3A Pt. 4ZA inserted by 2022 c. 46 s. 67(1)
- Sch. 12 para. 1(15) inserted by 2024 c. 15 Sch. 1 para. 1(10)
- Sch. 12 para. 4(2A) inserted by 2024 c. 15 Sch. 4 para. 52(4)
- Sch. 12 para. 7(14) inserted by 2024 c. 15 Sch. 1 para. 2(10)
- Sch. 12 para. 3(6)-(7B) substituted for Sch. 12 para. 3(6)(7) by 2024 c. 15 Sch. 4 para. 51(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 148A and cross-heading inserted by 2022 c. 46 s. 73(2)
- s. 204A-204C substituted for s. 204-206 by 2024 c. 15 s. 32(2)
- s. 264(10A)(10B) inserted by 2024 c. 15 s. 1(3)
- s. 270(3)(ca) inserted by 2024 c. 15 s. 6(3)
- s. 270(4A) inserted by 2024 c. 15 s. 6(4)
- s. 270(7A) inserted by 2024 c. 15 s. 6(7)
- s. 278A inserted by 2024 c. 15 s. 10
- s. 351(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 58(2)(b)
- s. 351(5)(aa) substituted for s. 351(5)(a) by 2024 c. 15 Sch. 2 para. 58(3)(a)
- s. 353(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 59(2)(b)
- s. 368E(5)(d)(e) inserted by 2017 c. 30 s. 94(3)
- s. 402(2A)(za)(zb) inserted by 2022 c. 46 Sch. para. 2
- Sch. 3A para. 21(6) inserted by 2022 c. 46 Sch. para. 3(5)(b)
- Sch. 3A para. 37(3)(aza) inserted by 2022 c. 46 Sch. para. 3(9)
- Sch. 3A para. 84(1)(aza) inserted by 2022 c. 46 Sch. para. 3(10)
- Sch. 3A para. 103(1)(ca) inserted by 2022 c. 46 s. 70
- Sch. 3A para. 119A inserted by 2022 c. 46 s. 72
- Sch. 3A Pt. 4ZA inserted by 2022 c. 46 s. 67(1)
- Sch. 12 para. 1(15) inserted by 2024 c. 15 Sch. 1 para. 1(10)
- Sch. 12 para. 4(2A) inserted by 2024 c. 15 Sch. 4 para. 52(4)
- Sch. 12 para. 7(14) inserted by 2024 c. 15 Sch. 1 para. 2(10)
- Sch. 12 para. 3(6)-(7B) substituted for Sch. 12 para. 3(6)(7) by 2024 c. 15 Sch. 4 para. 51(4)
[F1198DDirections in relation to C4C's media content duties [F2and commissioning duties] U.K.
This section has no associated Explanatory Notes
(1)This section applies if OFCOM—
(a)are of the opinion that C4C have failed to perform one or more of their duties under section 198A [F3, 198AA] or section [F4198B(1), (3)] [F4198B(1), (1A), (3), (3A)] or (5),
(b)are of the opinion that the failure is serious and is not excused by economic or market conditions, and
(c)determine that the situation requires the exercise of their functions under this section.
(2)In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—
(a)C4C's statements of media content policy [F5or (as the case may be) commissioning policy],
(b)C4C's effectiveness and efficiency in monitoring their own performance, and
(c)general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).
(3)OFCOM may give directions to C4C to do one or both of the following—
(a)to revise the latest statement of media content policy [F6or (as the case may be) commissioning policy] in accordance with the direction;
(b)to take such steps for remedying the failure as OFCOM specify in the direction.
(4)A direction given under this section must set out—
(a)a reasonable timetable for complying with it, and
(b)the factors that OFCOM will take into account in determining whether or not a failure has been remedied.
(5)OFCOM must consult C4C before giving a direction under this section.]
Textual Amendments
F1Ss. 198B-198D inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(1), 47(1)
F2Words in s. 198D heading inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 30(5)(a), 55(3)(b); S.I. 2024/858, reg. 3, Sch.
F3Word in s. 198D(1)(a) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 30(5)(b)(i), 55(3)(b); S.I. 2024/858, reg. 3, Sch.
F4Words in s. 198D(1)(a) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 30(5)(b)(ii), 55(3)(b); S.I. 2024/858, reg. 3, Sch.
F5Words in s. 198D(2)(a) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 30(5)(c), 55(3)(b); S.I. 2024/858, reg. 3, Sch.
F6Words in s. 198D(3)(a) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 30(5)(d), 55(3)(b); S.I. 2024/858, reg. 3, Sch.
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