201 Programme services.U.K.
(1)In this Act “programme service” means any of the following services (whether or not it is, or it requires to be, licensed F1...), namely—
[F2(aa)any service which is a programme service within the meaning of the Communications Act 2003;]
(c)any other service which consists in the sending, by means of [F3an electronic communications network (within the meaning of the Communications Act 2003)] , of sounds or visual images or both either—
(i)for reception at two or more places in the United Kingdom (whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service); or
(ii)for reception at a place in the United Kingdom for the purpose of being presented there to members of the public or to any group of persons.
[F4(2A)Subsection (1)(c) does not apply to so much of a service consisting only of sound programmes as—
(a)is a two-way service (within the meaning of section 248(4) of the Communications Act 2003);
(b)satisfies the conditions in section 248(5) of that Act; or
(c)is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 248(7) of that Act.
(2B)Subsection (1)(c) does not apply to so much of a service not consisting only of sound programmes as—
(a)is a two-way service (within the meaning of section 232 of the Communications Act 2003);
(b)satisfies the conditions in section 233(5) of that Act; or
(c)is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being persons who fall within paragraph (a) or (b) of section 233(7) of that Act.]
Textual Amendments
F1Words in s. 201(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2S. 201(1)(aa) substituted for s. 201(1)(a)-(bb) (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(1)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3Words in s. 201(1)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(1)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4S. 201(2A)(2B) substituted for s. 201(2) (29.12.2003) by Communications Act 2003 (c. 21), ss. 360(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)