- Latest available (Revised)
- Point in Time (01/11/2020)
- Original (As enacted)
Point in time view as at 01/11/2020.
Communications Act 2003, Section 232 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Part “television licensable content service” means (subject to section 233) any service [F1, or dissociable section of a service,] falling within subsection (2) in so far as it is provided with a view to its availability for reception by members of the public being secured by one or [F2more] of the following means—
(a)the broadcasting of the service [F3or dissociable section of the service] (whether by the person providing it or by another) from a satellite; F4...
[F5(aa)the broadcasting of the service [F6or dissociable section of the service] (whether by that person or by another) by means of a radio multiplex service; or]
(b)the distribution of the service [F7or dissociable section of the service] (whether by that person or by another) by any means involving the use of an electronic communications network.
(2)A service [F8, or dissociable section of a service,] falls within this subsection if it—
(a)is provided (whether in digital or in analogue form) as a service that is to be made available for reception by members of the public; and
(b)consists of [F9 or has as its principal purpose the provision of] television programmes or electronic programme guides, or both.
(3)Where—
(a)[F10a service, or dissociable section of a service, consisting of television programmes], an electronic programme guide or both (“the main service”) is provided by a person as a service to be made available for reception by members of the public, and
(b)that person provides the main service with other services or facilities that are ancillary to, or otherwise relate to, the main service and are also provided so as to be so available or in order to make a service so available,
subsection (1) has effect as if the main service and such of the other services or facilities as are relevant ancillary services and are not two-way services constituted a single service falling within subsection (2).
(4)Where a person providing the main service provides it with a facility giving access to another service, the other service shall also be taken for the purposes of this section as provided by that person with the main service only if what is comprised in the other service is something over which that person has general control.
(5)A service is a two-way service for the purposes of this section if it is provided by means of an electronic communications network and an essential feature of the service is that the purposes for which it is provided involve the use of that network, or a part of it, both—
(a)for the transmission of visual images or sounds (or both) by the person providing the service to users of the service; and
(b)for the transmission of visual images or sounds (or both) by those users for reception by the person providing the service or by other users of the service.
(6)In this section—
“electronic programme guide” means a service which consists of—
the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and
a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;
“relevant ancillary service”, in relation to the main service, means a service or facility provided or made available by the provider of the main service that consists of or gives access to—
assistance for disabled people in relation to some or all of the programmes included in the main service;
a service (apart from advertising) which is not an electronic programme guide but relates to the promotion or listing of programmes so included; or
any other service (apart from advertising) which is ancillary to one or more programmes so included and relates directly to their contents.
Textual Amendments
F1Words in s. 232(1) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(i) (with Pt. 7)
F2Word in s. 232(1) substituted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(a)
F3Words in s. 232(1)(a) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)
F4Word in s. 232(1)(a) omitted (25.7.2006) by virtue of Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(b)
F5S. 232(1)(aa) inserted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(c)
F6Words in s. 232(1)(aa) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)
F7Words in s. 232(1)(b) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)
F8Words in s. 232(2) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(b) (with Pt. 7)
F9Words in s. 232(2)(b) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 6(1)
F10Words in s. 232(3)(a) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(c) (with Pt. 7)
Commencement Information
I1S. 232 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: