{
  "url": "https://openlegislation.uk/draft-community-radio-order-2025/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/draft-community-radio-order-2025/schedule/paragraph-5.json",
  "legislation": "ukdsi/2025/9780348266900",
  "legislation_title": "The Community Radio Order 2025",
  "legislation_url": "https://openlegislation.uk/draft-community-radio-order-2025",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "Part 3 has effect as if after section 104AC there were inserted—\n“Special requirements relating to the grant of community radio licences\n105 (1) Where OFCOM have published a notice under section 104(1), they must, in determining whether, or to whom, to grant the community radio licence in question, have regard to the following matters—\n(a) the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which the applicant proposes to provide;\n(b) the extent to which any such proposed service would cater for the tastes and interests of persons comprising the relevant community, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests;\n(c) the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality in which it would be provided, and, in particular, the extent to which the service would be of a nature or have a content distinct from that of any other community radio service the licence for which would overlap with the licence for the proposed service;\n(d) the extent to which there is evidence, that amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service;\n(e) the extent to which the provision of any such proposed service would result in the delivery of social gain to the public or the relevant community;\n(f) the provision that each of the applicants proposes to make in order to render themselves accountable to the relevant community in respect of the provision of the proposed service;\n(g) the provision that each of the applicants proposes to make to allow for access by members of the relevant community to the facilities to be used for the provision of the service and for their training in the use of those facilities.\n(2) Every licence to provide a community radio service that overlaps with a relevant local licence must include such conditions as appear to OFCOM to be appropriate for ensuring that the relevant income for that community radio licence as is attributable to any arrangement for—\n(a) the inclusion in that service of any remunerated advertisement, and\n(b) the sponsorship of any programmes included in that service,\ndoes not, in any financial year of the holder of the licence, exceed £30,000.\n(3) For the purposes of subsection (2), a local licence is a relevant local licence where—\n(a) the service provided by the licence is not a community radio service,\n(b) the potential audience of that service includes no more than 150,000 persons who have attained the age of 15 years,\n(c) the licence was granted before 1st April 2025, and\n(d) the licence has not been varied pursuant to section 106(1A)(e) before 17th October 2024.\n(4) The Secretary of State may request OFCOM to review whether the £30,000 figure in subsection (2) remains appropriate.\n(5) In this section—\n“relevant income”, in relation to any community radio licence, means any payment or other financial benefit (whether direct or indirect) attributable to the provision of the service under that licence which any relevant person has received, will receive or is or will be entitled to receive in the financial year in question;\n“relevant person”, in relation to a community radio licence, means the holder of that licence and every person who is connected with that person;\n“remunerated advertisement”, in relation to a service provided under a community radio licence, means any advertisement included in that service for which any relevant person has received, will receive or is or will be entitled to receive, any payment or other financial benefit (whether direct or indirect) in consideration for so including it.\n(6) Any reference in this section to sponsorship does not include a reference to any payment made, or other financial benefit (whether direct or indirect) conferred, by a person for purposes that are wholly or mainly philanthropic in nature.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Sections 104B and 105 were omitted by section 42(4) of the Media Act 2024."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Subsection (1A) was inserted by section 312(3) of the Communications Act 2003. Paragraphs (b) to (e) of that subsection were omitted by section 43(2) of the Media Act 2024."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348266900/schedule/paragraph/5",
    "retrieved_at": "2026-10-30T14:39:58.918543+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}