Under section 97(1) of the Broadcasting Act 1990, it is an offence for a person to provide any independent radio service (as defined by section 84(1) of that Act) without being authorised to do so by or under a licence under Part III of that Act. However, the offence in section 97(1) does not apply to such services or descriptions of services as are specified in an order made by the Secretary of State. Article 2(2) of this Order exercises that power and specifies exceptions.

Schedule 11 to the 1990 Act, to which article 2(2)(a) refers, makes transitional provisions relating to the broadcasting services of the Independent Broadcasting Authority.

Under article 3(1) of, and Schedule 2 to, the Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990 (S.I.1990/2347), section 97 of the 1990 Act comes into force on 1st January 1991 when this Order also comes into force.