211ARegulated electronic programme guides

1

This section has effect for the interpretation of section 211.

2

“Regulated electronic programme guide” means an electronic programme guide which—

a

is provided, under a licence to provide television licensable content services or digital additional television services, by a person who was providing an electronic programme guide under that licence immediately before F1IP completion day,

b

is provided by a person designated by the Secretary of State by regulations or by a person having a prescribed connection with a person so designated, or

c

falls within a prescribed description.

3

In subsection (2) “prescribed” means prescribed by the regulations.

4

Regulations under subsection (2)(b) may only designate a person who, at the time when the regulations are made—

a

is providing an electronic programme guide that is used by members of the public in the United Kingdom as a facility for obtaining access to television programme services, or

b

is providing, or has informed OFCOM of an intention to provide, an electronic programme guide with a view to its use by members of the public in the United Kingdom as such a facility.

5

The electronic programme guides that are to be taken for the purposes of this section to be used by members of the public include any electronic programme guide that—

a

is used, or available for use, only by persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but

b

is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.

6

Before making regulations under subsection (2), the Secretary of State must consult OFCOM.

7

In this section “electronic programme guide” has the meaning given by section 310(8).

211BExempt foreign services

1

In section 211 “exempt foreign service” means—

a

a service provided by a person who is for the purposes of the European Convention on Transfrontier Television within the jurisdiction of a CTT State other than the United Kingdom, or

b

any of the following services—

i

the services known as RTÉ1 and RTÉ2 provided by Raidió Teilifís Éireann, and

ii

the service known as TG4 provided by Teilifís na Gaeilge.

2

The Secretary of State may by regulations amend subsection (1)(b)—

a

by adding a reference to a service appearing to the Secretary of State to be a public service channel established in Ireland,

b

by amending the description of a service for the time being specified in that provision, or

c

by omitting the reference to a service for the time being specified in that provision.

3

In this section “CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television.