Modifications etc. (not altering text)
C1Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C2Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(10)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C3Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 241(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C4Pt. 1 applied in part (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 1 (as amended (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), arts. 1, 3)
C5Pt. 1 modified (13.9.2021) by The Television Multiplex Services (Renewal of Multiplex Licences) Order 2021 (S.I. 2021/941), arts. 1, 3, Sch.
[F1(1)In this Part “multiplex service” means (except where the context otherwise requires) a television multiplex service.]
F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In this Part “digital programme service” means a service [F3(or a dissociable section of a service)] consisting in the provision by any person of television programmes (together with any ancillary services, as defined by section 24(2)) with a view to their being broadcast in digital form [F4so as to be available for reception by members of the public], whether by him or by some other person, but does not include—
[F5(za)a service [F6(or a dissociable section of a service)] provided under the authority of a licence under Part 1 of the 1990 Act to provide a television licensable content service,]
(a)a qualifying service,
(b)a teletext service, or
(c)any service in the case of which the visual images to be broadcast do not consist wholly or mainly of images capable of being seen as moving pictures,
except, in the case of a service falling within paragraph (b) or (c), to the extent that it is an ancillary service.
[F7(4A)In subsection (4), “available for reception by members of the public” means available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003) in the United Kingdom or another [F8CTT State], or in an area of the United Kingdom or of such a State.]
(5)The Secretary of State may, if having regard to developments in broadcasting technology he considers it appropriate to do so, by order amend the definition of “digital programme service” in subsection (4).
(6)No order under subsection (5) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
[F9(7)In this section “broadcast” means broadcast otherwise than from a satellite.]
Textual Amendments
F1S. 1(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 74(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2S. 1(1A)-(3) 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)
F3Words in s. 1(4) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 3(a)(i)
F4Words in s. 1(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 74(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5S. 1(4)(za) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 4
F6Words in s. 1(4)(za) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 3(a)(ii)
F7S. 1(4A) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 74(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F8Words in s. 1(4A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 3 (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F9S. 1(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 74(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(2)In this Part “qualifying service” means any of the following, so far as they are provided with a view to their being broadcast in digital form—
(a)a television broadcasting service included in Channel 3;
(b)Channel 4;
(c)Channel 5;
(d)S4C Digital;
(e)a television programme service provided by the Welsh Authority with the approval of the Secretary of State under section 205 of the Communications Act 2003;
(f)the digital public teletext service.]
F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 2(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)
F11S. 2(2) substituted for s. 2(2)-(6) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 75 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F12S. 2(6)(7) 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)
Commencement Information
I1S. 2 wholly in force at 1.10.1996; s. 2 not in force at Royal Assent see s. 149; s. 2 in force force certain purposes at 15.9.1996 and wholly in force at 1.10.1996 by S.I. 1996/2120, art. 4, Sch. 1