2010 No. 1883
Electronic Communications

The Audiovisual Media Services (Codification) Regulations 2010

Made
Laid before Parliament
Coming into force
These Regulations are made by the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to information society services2 and measures relating to television broadcasting3, in exercise of the powers conferred by section 2(2) of that Act.

Citation and commencement

1.

These Regulations may be cited as the Audiovisual Media Services (Codification) Regulations 2010 and come into force on 18th August 2010.

Amendments to the Broadcasting Act 1990

2.

In section 177(6) of the Broadcasting Act 19904 for “Council Directive 89/552/EEC” substitute “the Audiovisual Media Services Directive”.

3.

In section 2025 of that Act—

(a)

after the definition of “advertising agent” insert—

““the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”;

(b)

omit subsection (4A).

Amendments to the Communications Act 2003

4.

In section 335A(1)(a) of the Communications Act 20036 for “3” substitute “4”.

5.

In section 405(1)7 of that Act for the definition of “the Audiovisual Media Services Directive” substitute—

““the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”.

Amendment to the Gambling Act 2005

6.

In section 333(5)(a) of the Gambling Act 20058 for “89/552/EEC on the coordination of provisions concerning television broadcasting” substitute “2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”.

Amendment to the Wireless Telegraphy Act 2006

7.

In section 115(1) of the Wireless Telegraphy Act 20069 for the definition of “the Audiovisual Media Services Directive” substitute—

““the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”.

Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
EXPLANATORY NOTE
(This note is not part of the Order)

These Regulations amend specified legislation to reflect the codification of the EU Directives in the field of audiovisual media services.

Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)10 repeals Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities11. Directive 89/552/EEC was amended by Directive 97/36/EC of the European Parliament and of the Council12 and Directive 2007/65/EC of the European Parliament and of the Council13.

Regulations 2 and 3 amend the Broadcasting Act 1990. Regulations 4 and 5 amend the Communications Act 2003. Regulations 6 amends the Gambling Act 2005 and regulation 7 the Wireless Telegraphy Act 2006.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.