Article 8 Transitional provision for community radio

(1)

Anything done, or being done, under Part 3 of the 1990 Act, as that Part had effect by virtue of the 2004 Order, is to be treated as having been done, or being done, under Part 3 of the 1990 Act, as that Part has effect by virtue of this Order, including but not limited to—

(a)

the award or grant of a community radio licence under Part 3 of the 1990 Act;

(b)

the variation of a community radio licence under section 86(5) of the 1990 Act^f1;

(c)

the enforcement of a community radio licence under sections 109 to 111 and 111B of the 1990 Act^f2.

(2)

A community radio licence extended, on one or more occasions, under section 253A of the 2003 Act (extension of community radio licences)^f3, as that section had effect by virtue of the 2004 Order, is to be treated as having been extended, for the same number of occasions, under section 253A of the 2003 Act, as that section has effect by virtue of this Order.

(3)

A condition included in a community radio licence pursuant to section 105(4) to (6) of the 1990 Act, as it had effect by virtue of the 2004 Order (income restrictions relating to advertisements and sponsorship)^f4, is treated as not being so included in the licence on or after 1st April 2025.

(4)

Paragraph (b) of section 86(5) of the 1990 Act (licence holder representations about a variation of a licence), as it has effect by virtue of this Order, does not apply in relation to the variation by OFCOM of a community radio licence under that section for the purposes of including a condition in the licence pursuant to section 105(2) of the 1990 Act, as it has effect by virtue of this Order.

Annotations

Footnotes

f1: Section 86(5) was amended by paragraph 33(2) of Part 1 of Schedule 15 to the Communications Act 2003.
f2: Sections 109 to 111 were amended by paragraph 50 of Schedule 15 to the Communications Act 2003. Section 109 was amended by section 344(2) and (3) of that Act. Section 110 was amended by paragraph 7 of Schedule 13 to that Act. Section 111B was substituted by section 91(1) of the Digital Economy Act 2017 (c. 30).
f3: Section 253A was a modification to the Communications Act 2003 made by S.I. 2004/1944. Section 253A was inserted into S.I. 2004/1944 by S.I. 2010/118 and amended by S.I. 2015/1000 and S.I. 2019/1387. A new section 253A is inserted by paragraph 13 of the Schedule to this Order.
f4: Section 105(4) to (6) was a modification to the Broadcasting Act 1990 made by S.I. 2004/1955. This modification was amended by S.I. 2010/118 and S.I. 2015/1000.