Section 322 Supplementary powers relating to advertisingI1

(1)

The regulatory regime for each of the following—

(a)

every television programme service licensed by a Broadcasting Act licence,

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

every F2... teletext service so licensed that consists in an additional television service or a digital additional television service,

includes a condition requiring the person providing the service to comply with every direction given to him by OFCOM with respect to any of the matters mentioned in subsection (2).

(2)

Those matters are—

(a)

the maximum amount of time to be given to advertisements in any hour or other period;

(b)

the minimum interval which must elapse between any two periods given over to advertisements;

(c)

the number of such periods to be allowed in any programme or in any hour or day; and

(d)

the exclusion of advertisements from a specified part of a licensed service.

(3)

Directions under this section—

(a)

may be either general or specific;

(b)

may be qualified or unqualified; and

(c)

may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.

(4)

In giving a direction under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.

Annotations

Textual amendments

F1: S. 322(1)(b) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 55(a); S.I. 2024/858, reg. 2(1)(v)
F2: Word in s. 322(1)(c) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 55(b); S.I. 2024/858, reg. 2(1)(v)

Commencement

I1: S. 322 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)