Part IVU.K. Sporting and other events of national interest

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)

[F1104A Provision of information.U.K.

(1)A television programme provider shall, at the request of [F2OFCOM], provide them with such information as [F2OFCOM] consider appropriate regarding any contract which he has entered into which relates to an event which, in relation to an EEA State [F3or a qualifying CTT State], is a designated event.

[F4(2)OFCOM may by notice (an “information notice”) require a person within subsection (5) to provide them with any information that they require for the purpose of carrying out their functions under this Part relating to listed events.

(3)The power conferred by subsection (2) includes power to require a person within subsection (5) to obtain or generate information.

(4)The power conferred by subsection (2) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.

(5)The persons within this subsection are—

(a)a provider of a relevant service;

(b)a person who was a provider of a relevant service at a time to which the required information relates;

(c)a person who is not within paragraph (a) or (b) but who appears to OFCOM to have, or to be able to obtain or generate, information required by them as mentioned in subsection (2).

(6)An information notice must—

(a)specify or describe the information to be provided,

(b)specify why OFCOM require the information,

(c)specify the form and manner in which the information must be provided, and

(d)contain information about the consequences of not complying with the notice.

(7)An information notice must specify when the information must be provided which may be—

(a)on or by a specified date, or

(b)within a specified period.

(8)The power conferred by subsection (2) to require the provision of information includes power to require the provision of information held outside the United Kingdom.

(9)The power conferred by subsection (2) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.

(10)A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to subsection (11)).

(11)The duty under subsection (10) does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account).]

[F5(12)] If so requested by a competent authority in an EEA State [F6or a qualifying CTT State], [F2OFCOM] shall provide the authority with such information relating to rights to televise listed events or designated events as [F2OFCOM] consider it appropriate to provide.

[F7(13)In this section, “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]]

Textual Amendments

F1S. 104A inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 8

F2Words in s. 104A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 130 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5S. 104A(2) renumbered as s. 104A(12) (23.8.2024) by Media Act 2024 (c. 15), ss. 24(2), 55(3)(a); S.I. 2024/858, reg. 2(1)(d)