The Communications Act 2003 (Commencement No.3) Order 2004

Statutory Instruments

2004 No. 3309 (C. 150)

BROADCASTING

The Communications Act 2003 (Commencement No.3) Order 2004

Made

9th December 2004

The Secretary of State, in exercise of the powers conferred upon her by section 411(2) of the Communications Act 2003(1), hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Communications Act 2003 (Commencement No.3) Order 2004.

(2) In this Order, “the Act” means the Communications Act 2003.

Commencement

2.  Section 231(2)(c) of the Act shall come into force on the day after the day on which this Order is made.

3.  Sections 231(1) and 265 to 270 of the Act shall come into force on 28th December 2004.

Tessa Jowell

Secretary of State for Culture, Media and Sport

9th December 2004

Explanatory Note

(This note is not part of the Order)

This Order provides for section 231(2)(c) of the Communications Act 2003 (“the Act”) to come into force on the day after the day on which the Order is made. That provision requires OFCOM to grant the Channel 4 Television Corporation (“C4C”) a replacement licence which will require C4C to provide a television service in digital form, subject to the terms and conditions set out in subsections (3) to (9) of section 231.

The Order also brings section 231(1) and sections 265 to 270 of the Act into force on 28th December 2004. Section 231(1) of the Act provides for the cessation of the licence under which Channel 4 has been providing a service and for the coming into force of the replacement licence granted to C4C under section 231(2)(c). Sections 265 to 269 of the Act define the public service remits for the licensed public service channels and the public teletext service and make provision for the preparation of statements of programme and service policy and for a degree of self-regulation by the relevant providers. Section 270 gives OFCOM powers to enforce the public service remits, including the power to replace self-regulation with specific conditions imposed by OFCOM.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	SI No.
ss.31(1) to (4) and (6), 405, 411	Royal Assent for 2003 c. 21 17.07.03	-
ss.1(3) and (5)(c) (partially), 4 (partially), 5 (partially), 24 to 26 (partially), 32 to 119 (partially), 125 to 151 (partially), 153 (partially), 154 (partially), 164 to 166 (partially), 169 (partially), 172 to 174 (partially), 178 (partially), 183 (partially), 185 to 197 (partially), 264, 360(3) (partially), 361, 362, 369 (partially), 370 (partially), 371 (partially), 393 (partially), 394 (partially), 395 to 399 (partially), 402 to 404 (partially), 406 (partially), 408 (partially) and 410 (partially), Sch.3 (partially), Sch.4 (partially), Sch.8 (partially), Sch.15 (partially), Sch.17 (partially), Sch.18 (partially) and Sch.19 (partially)	25.07.03	2003/1900
ss.5 (partially), 28 to 30, 152(1) (partially), (3) (partially) and (9) (partially), 167 (partially), 179, 181, 184, 348(2), (3) and (5) to (7), 350(3) (partially), 360(3) (partially), 406(1) (partially), (6) (partially), and (7) (partially), 407, Sch..2, Sch.14 (partially), Sch.15 (partially), Sch.17 (partially), Sch.18 (partially), Sch.19 (partially)	18.09.03
s.282, Sch.14 (partially)	12.12.03	2003/3142
ss.1 (remainder), 2 (partially), 3, 5 (remainder), 6 to 23, 24 (remainder), 25 (remainder), 26 (remainder), 27, 31 (remainder), 32 to 119 (remainder), 120 to 124, 125 to 154 (remainder), 155 to 163, 164 to 167 (remainder), 168, 169 (remainder), 170, 171, 172 to 174 (remainder), 175 to 177, 178 (remainder),182, 183 (remainder), 185 to 197 (remainder), 198 to 230, 231 (partially), 232 to 252, 254 to 263, 271, 275 to 277, 279 to 281, 283 to 298, 299(2), 301 to 337, 338 (partially), 339 to 349, 350 (remainder), 351 (partially), 352, 353 (partially), 354 to 359, 360 (remainder), 369 (remainder), 370 (remainder), 371 (remainder), 372 to 392, 393 (remainder), 394 (remainder), 400, 406(1) (partially), (6) (partially) and (7) (partially), 408 (remainder), 410 (remainder), Sch.1 (partially), Sch.3 (remainder), Sch.4 (remainder), Sch.5, Sch.7, Sch.8 (remainder), Schs.9 to 11, Sch.12 (partially), Sch.13, Sch.14 (remainder), Sch.15 (remainder), Sch.16, Sch.17 (partially), Sch.18 (partially), Sch.19 (partially)	29.12.03
s.253	02.01.04
ss.2 (remainder), 363 to 368, 406(1) (partially), (6) (remainder) and (7) (partially), Sch.1 (remainder), Sch.17 (partially), Sch.18 (remainder), Sch.19 (partially)	01.04.04
ss.278, 351 (remainder), 353 (remainder), Sch.12 (partially)	01.07.04	2004/545
s.367 (partially)	09.03.04	2004/697
s.367 (remainder)	01.04.04

(1)

2003 c. 21.