Explanatory note

This Order consolidates, with modifications, the Community Radio Order 2004 (S.I. 2004/1944) (“the 2004 Order”) and subsequent amending instruments. This Order also makes amendments to the Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387) (“the 2019 Order”).

This Order (except for article 9) contains provision for a special regulatory framework for a category of radio broadcasting services known as “community radio services”. The provision includes modifications to the Broadcasting Act 1990 (c. 42) (“the 1990 Act”) and the 2003 Act.

Article 2(1) sets out definitions. It defines a community radio service as a form of local sound broadcasting service having the characteristics set out in article 3.

The first such characteristic is that all community radio services are provided primarily for the good of members of the public or of particular communities (a community being defined by article 2(1)) rather than primarily for commercial reasons.

In addition, a service must be provided in order to deliver social gain (article 3(1)(b)). Social gain is defined in article 2 as the achievement of the four objectives set out in paragraph (2) of that article together with the achievement of any other objectives of a social nature, which may include those listed in paragraph (3).

Further characteristics of a community radio service are that it must be provided primarily to serve one or more communities (article 3(2)), it must be run on a not-for-profit or non profit-distributing basis (article 3(3)), that members of the community or communities that it is intended to serve are given opportunities to help run the service (article 3(4)), and that arrangements are made to make the provider of the service accountable for its provision to the community or communities it is intended to serve (article 3(5)).

Article 4 provides that Part 3 of the 1990 Act and Part 3 of the 2003 Act have effect in relation to community radio services with the modifications set out in the Schedule.

Article 5 makes provision about which persons are disqualified persons in relation to community radio licences.

Article 6 makes provision on the restrictions of holding community radio licences.

Article 7 revokes the 2004 Order, the Community Radio (Amendment) Order 2010 (S.I. 2010/118) and the Community Radio (Amendment) Order 2015 (S.I. 2015/1000).

Article 8 consists of transitional provision. Article 8(1) and (2) provides that anything done in relation to community radio under the 1990 Act and the 2003 Act, as they had effect by virtue of the 2004 Order, are treated as having been done under those Acts, as they now have effect by virtue of this Order. Article 8(3) provides that conditions included in community radio licences including restrictions on the amount of income the holders of such licences may receive in respect of advertisements or sponsorship cease to have effect on 1st April 2025. Article 8(4) provides that certain procedural requirements before OFCOM can vary a licence under section 86 of the 1990 Act do not apply where OFCOM are varying a community radio licence to include new conditions pursuant to section 105(2), as modified by this Order.

Article 9 makes amendments to the Schedule to the 2019 Order. Part 1 of that Schedule modifies the Broadcasting Act 1996 (c. 55) as it applies to small-scale radio multiplex services. Article 9(2) and (3) makes amendments consequential to the provisions of this Order and the revocation of the 2004 Order. Article 9(4) makes amendments consequential to the amendments by the Media Act 2024 (c. 15) to the provisions of the 1996 Act which are modified by the 2019 Order.

Article 9(5) makes an amendment to Part 2 of the Schedule to the 2019 Order, as it applies to community digital sound programme services, to omit the insertion of section 61A into the 1996 Act (advertising restrictions for community digital sound programme services).

Article 10 consists of transitional provision so that: conditions included in community digital sound programme licences including restrictions on the amount of income the holders of such licences may receive in respect of advertisements or sponsorship cease to have effect on 1st April 2025.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £5 million per year. A copy of the assessment is published on legislation.gov.uk with this instrument or can be obtained from the Department for Culture, Media and Sport at 100 Parliament Street, London, SW1A 2BQ.