{
  "url": "https://openlegislation.uk/local-digital-television-programme-services-order-2012/note",
  "json_url": "https://openlegislation.uk/local-digital-television-programme-services-order-2012/note.json",
  "legislation": "uksi/2012/292",
  "legislation_title": "The Local Digital Television Programme Services Order 2012",
  "legislation_url": "https://openlegislation.uk/local-digital-television-programme-services-order-2012",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order provides that specified provisions of Part 1 of the Broadcasting Act 1996 (“the 1996 Act”) and Part 3 of the Communications Act 2003 (“the 2003 Act”) are to have effect with modifications in relation to local digital television programme services. It should be noted that provisions of general application to licences in the Broadcasting Act 1990, the 1996 Act and the 2003 Act which are not subject to express modification also have effect in relation to local digital television programme services where applicable.\nArticle 3 of the Order sets out the description of local digital television programme services to which the modifications will apply. A local digital television programme service is defined as being a type of digital programme service.\nArticle 4 stipulates that the provisions of Part 1 of the 1996 Act and Part 3 of the 2003 Act have effect in relation to local digital television programme services with the modifications in the Schedule.\nPart 1 of the Schedule contains the modifications of the 1996 Act and Part 2 of the Schedule the modifications of the 2003 Act.\nParagraph 2 of the Schedule inserts definitions of “local multiplex service” and “local digital television programme service” into section 1 of the 1996 Act. A “local multiplex service” is a type of multiplex service. Paragraph 3 inserts the word “local” before multiplex licence in sections 7 to 9 and 12 of the 1996 Act in order to make clear the subset of multiplex licence to which the modifications apply.\nParagraph 4 modifies section 7 of the 1996 Act in respect of a local multiplex service. Paragraph 5 modifies section 8 of the 1996 Act in respect of a local multiplex licence. Paragraph 6 modifies section 9 of the 1996 Act in respect of a local multiplex licence. Paragraph 7 modifies section 12 of the 1996 Act in respect of a local multiplex licence. Paragraph 8 amends section 16 of the 1996 Act in respect of a local multiplex licence.\nParagraph 9 substitutes a new section 18 into Part 1 of the 1996 Act which has effect in relation to a local digital television programme service. Subsection (1) sets out the process OFCOM must follow when they propose to grant a licence to provide a local digital television programme service. Subsection (2) stipulates how an application for such a licence must be made and subsection (6) the factors OFCOM must take into account in determining whether and to whom to grant a licence.\nParagraph 10 modifies section 19 of the 1996 Act in relation to a local digital television programme licence. Subsection (1) sets out the duration of a local digital television programme licence and new subsection (3A) is inserted requiring that OFCOM must impose conditions in such a licence to secure the objectives set out therein. New subsection (3A)(e) specifies that one of the objectives is that a local digital television programme service does not contain any pornographic material within the meaning of new section 19A or advertising which falls within the meaning of new section 19B. Inserted subsection (3B) sets out the factors OFCOM must consider if they are to consent to a departure from the character of the licensed service. New subsections (3C) to (3G) stipulate the procedural steps OFCOM must follow before deciding to consent to such a departure. New subsections (3H) to (3I) provide for limitations on the publication of confidential material.\nParagraph 11 inserts a new section 19A defining the pornographic material mentioned for the purposes of new section 19(3A)(e) and paragraph 12 inserts a new section 19B describing the advertising referred to in new section 19(3A)(f).\nParagraph 12 inserts new definitions in section 39 of the 1996 Act: a definition of a “local digital television programme service”, a “local multiplex service” and a “local multiplex licence”.\nParagraph 14 modifies section 333 of the 2003 Act so that a local digital television programme service is added to the services which must carry party political broadcasts.\nA full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the website of the Department for Culture, Media and Sport (www.culture.gov.uk/images/consultations/Impact-Assessment_Local-TV__July2011) and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/292/note",
    "retrieved_at": "2026-10-29T01:42:38.830916+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."
}