Communications Act 2003

Sporting and other events of national interest U.K.

299 Categorisation of listed events U.K.

(1) For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there shall be substituted—

“(1) The Secretary of State may, for the purposes of this Part, maintain a list of sporting and other events of national interest, and an event for the time being included in the list is referred to in this Part as a “listed event”.

(1A) A list maintained under subsection (1) must be divided into two categories, and those categories are referred to in this Part as “Group A” and “Group B”.

(1B) Each listed event must be allocated either to Group A or to Group B.

(2) Before drawing up such a list, or revising or ceasing to maintain it, the Secretary of State must consult—

(a) OFCOM,

(b) the BBC,

(c) the Welsh Authority, and

(d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired.

(2A) For the purposes of subsection (2)(d), a relevant event is an event which the Secretary of State proposes—

(a) to include in a list maintained under subsection (1),

(b) to omit from such a list, or

(c) to move from one category in such a list to the other.”

(2) In subsection (3)(b) of that section, the words “by the Commission” and “by them” shall be omitted.

(3) In subsection (5) of that section—

(a) for the words “addition of any relevant event to” there shall be substituted “ inclusion of any event in ”; and

(b) in paragraph (a), for “addition” there shall be substituted “ inclusion ”.

(4) After that subsection, there shall be inserted—

“(5A) The allocation or transfer of an event to group A does not affect the validity of a contract entered into before the day on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed allocation or transfer.

(5B) The Secretary of State may direct that, for the transitional purposes set out in the direction, the transfer of a Group B event to Group A is not to affect the application to that event of provisions of this Part relating to a Group B event.”

Commencement Information

I1 S. 299(2) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Prospective

F1 300 Effects of categorisation of listed events U.K.

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Textual Amendments

F1 S. 300 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 51; S.I. 2024/858, reg. 2(1)(v)

301 Code relating to listed events U.K.

(1) For subsection (1) of section 104 of the 1996 Act (code in relation to listed events) there shall be substituted—

“(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); 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).”

(2) Where OFCOM are required to draw up a code by virtue of this section—

(a) they shall do so as soon as practicable after the commencement of this section; but

(b) the code shall have no effect in relation to any time before the commencement of section 300 of this Act.

Commencement Information

I2 S. 301 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

302 Regulations about coverage of listed events U.K.

(1) After section 104 of the 1996 Act there shall be inserted—

“104ZA Regulations about coverage of listed events

(1) OFCOM may make regulations for determining for the purposes of this Part—

(a) the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live;

(b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and

(c) the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage.

(2) The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B.

(3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.”

(2) In section 105(1) (interpretation of Part 4), before the definition of “Channel 4” there shall be inserted—

““adequate alternative coverage” and “live” are to be construed in accordance with any regulations under section 104ZA;”.

Commencement Information

I3 S. 302 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)