OpenLegislation

Section 305 Meaning of “relevant date” in s. 303I1

(1)

In relation to a service, the relevant date for the purposes of section 303 is—

(a)

in a case to which any of subsections (2) to (4) applies, the date given by that subsection; and

(b)

in any other case, the date (whether before or after the passing of this Act) when the provision of that service began or begins.

(2)

In the case of a service the provision of which began before the television transfer date but which is not—

(a)

a service provided by F1S4C,

(b)

a licensed public service channel, or

(c)

a digital television programme service,

the relevant date is the date of the coming into force of this section.

(3)

In the case of—

(a)

a Channel 3 service the provision of which began before the date of the passing of this Act, and

(b)

Channel 4 and S4C Digital,

the relevant date is 1st January 2000.

(4)

In the case of Channel 5, so far as it consists of a service the provision of which began before the date of the passing of this Act, the relevant date is 1st January 1998.

(5)

OFCOM may determine that a service provided by a person is to be treated for the purposes of section 303 and this section as a continuation of a service previously provided by him.

Annotations

Textual amendments

F1: Word in s. 305(2)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 37; S.I. 2024/858, reg. 2(1)(x)

Commencement

I1: S. 305 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Notes on Part 3

Textual amendments

F1: Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications

C1: Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
C2: Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
C3: Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)

Notes on Chapter 4

Textual amendments

F1: Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
F2: Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)

Notes on Television services for people with disabilities

Textual amendments

F1: Words in s. 303 cross-heading substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 7 (with Pt. 7)