The Legislative Reform (Further Renewal of Radio Licences) Order 2015

Made14th December 2015

Coming into force in accordance with article 1

The Secretary of State for Culture, Media and Sport makes the following Order, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 20061.

For the purposes of section 3(1) of that Act, the Secretary of State considers, where relevant, that the conditions in section 3(2) of that Act are satisfied.

The Secretary of State has consulted in accordance with section 13(1) of that Act.

The Secretary of State has laid a draft Order and an explanatory document before Parliament in accordance with section 14 of that Act.

Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of section 17 of that Act) applies in relation to the making of this Order.

In accordance with section 17(2) of that Act, the draft has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation and commencement1

This Order may be cited as the Legislative Reform (Further Renewal of Radio Licences) Order 2015 and comes into force on the day after the day on which it is made.

Amendment of the Broadcasting Act 1990

2

In section 103B(1) of the Broadcasting Act 19902 (further renewal of national licences)—

a

for “one occasion” substitute “two occasions”; and

b

after “7 years” insert “(on the first occasion) or 5 years (on the second occasion)”.

3

In section 104AA of the Broadcasting Act 19903 (further renewal of local licences)—

a

in subsection (1)—

i

for “one occasion” substitute “two occasions”; and

ii

after “7 years” insert “(on the first occasion) or 5 years (on the second occasion)”; and

b

at the end of subsection (2)(b) insert “and it is the first occasion on which the licence has been renewed under this section”.

Ed VaizeyMinister of State Department for Culture, Media and SportDepartment for Business, Innovation and Skills14th December 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 1 of the Legislative and Regulatory Reform Act 2006.

Article 2 amends section 103B of the Broadcasting Act 1990 (“the 1990 Act”) and article 3 amends section 104AA of that Act.

National radio licences granted under section 86 of the 1990 Act are renewable for a further seven year period under section 103B of the 1990 Act. Article 2 of the Order amends section 103B to allow for a further five year renewal.

A local licence granted under section 86 of the 1990 Act before 8 April 2010 may be renewed under section 104A of the 1990 Act for twelve years and further renewed under section 104AA for seven years. Article 3 of the Order amends section 104AA to allow for a further five year renewal.

A local licence granted on or after 8 April 2010, which will have been granted for a period of twelve years, may be renewed under section 104AA for a further seven years. Article 3(b) of the Order maintains this position.

A full impact assessment as to the effect that this Order will have on the costs of businesses, the voluntary sector and the public sector is available on the Parliament website at http://www.parliament.uk/documents/DPRR/2015-16/LROs/Further-Renewal-of-Radio-Licences-2015/Further-Renewal-of-Radio-Licences-Impact-Assessment-2015.pdf. This impact assessment is also published with the Explanatory Document alongside the instrument on www.legislation.gov.uk.