Part 3Television and Radio Services
Chapter 4Regulatory provisions
Competition between licensed providers etc.
318Review of powers exercised for competition purposes
1
It shall be the duty of OFCOM, at such intervals as they consider appropriate, to carry out a review of so much of each of the following as has effect for a competition purpose—
a
every code made or approved by them under or for the purposes of a broadcasting provision;
b
the guidance issued by them under or for the purposes of broadcasting provisions; and
c
every direction given by them under or for the purposes of a broadcasting provision.
2
Before modifying or revoking, or withdrawing their approval from, anything which is subject to periodic review under this section, OFCOM must consult such persons as they consider appropriate.
3
Subsection (2) applies irrespective or whether the modification, revocation or withdrawal is in consequence of a review under this section.
4
For the purposes of this section a provision has effect for a competition purpose to the extent that its only or main purpose is to secure that the holder of a Broadcasting Act licence does not—
a
enter into or maintain arrangements, or
b
engage in a practice,
which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services.
5
In this section “broadcasting provision” means—
a
a provision of this Part of this Act, of the 1990 Act or of the 1996 Act, or
b
any provision of a Broadcasting Act licence,
other than provision contained in any of sections 290 to 294 of this Act or Schedule 11 to this Act.