Modifications etc. (not altering text)
C1Pt. 4: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 13 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C2Pt. 4 modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 51(1)(2)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
[F1(1)OFCOM shall draw up, and may from time to time revise, a code giving guidance—
(a)as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1) [F2or (1A)]; and
(b)as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1) [F3or (1A)].]
(2)In exercising their powers under this Part, [F4OFCOM] shall have regard to the provisions of the code.
(3)Before drawing up or revising the code [F4OFCOM] shall consult such persons as appear to [F4OFCOM] to be appropriate.
(4)As soon as [F4OFCOM] have drawn up or revised such a code, [F4OFCOM] shall publish the code in such manner as they consider appropriate for bringing it to the attention of—
(a)the BBC,
(b)the Welsh Authority,
(c)every person from whom the rights to televise a listed event may be acquired, and
(d)every person who is the holder of a licence granted F5... under Part I of the 1990 Act or a digital programme licence granted F5... under Part I of this Act.
Textual Amendments
F1S. 104(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 301(1), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 104(1)(a) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 15 (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 104(1)(b) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 15 (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 104 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 129(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5Words in s. 104(4)(d) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 129(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)