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The Regulated Electronic Programme Guide (Prescribed Description and Transitional Arrangements) Regulations 2026

S.I. 2026/529 · Made 15 May 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

BROADCASTING

Made 15th May 2026

Laid before Parliament 19th May 2026

Coming into force 16th June 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 211A(2)(c) and section 402(3) of the Communications Act 2003f1.

In accordance with section 211A(6) of that Act, the Secretary of State has consulted OFCOM.

Annotations to the whole text

Footnotes

f1

2003 c. 21. Section 211A was inserted by paragraph 21 of Part 3 of Schedule 1 to the Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224). Section 211A(2)(c) refers to “prescribed description”. Section 211A(3) provides that “prescribed” in subsection (2) means prescribed by the regulations.

Contents

  1. 1Citation, commencement and extent
  2. 2Description of electronic programme guides
  3. 3Transitional arrangements
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Regulated Electronic Programme Guide (Prescribed Description and Transitional Arrangements) Regulations 2026 and come into force on 16th June 2026.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

2Description of electronic programme guides

(1)

An electronic programme guidef1 falls within section 211A(2)(c) of the Communications Act 2003 if it meets the four conditions in this regulation.

(2)

The first condition is that the electronic programme guide can be accessed by means of—

(a)

a television, or

(b)

a streaming device that is connected to a television.

(3)

In paragraph (2), “streaming device” means an apparatus which is—

(a)

capable of connecting to the internet,

(b)

designed primarily for—

(i)

enabling the user to select and access programmes, and

(ii)

displaying programmes, and

(c)

not able to display programmes by itself.

(4)

The second condition is that United Kingdom users form one of the target markets for the electronic programme guide, or the only target market.

(5)

In paragraph (4), “United Kingdom user” means a user of the guide who is in the United Kingdom.

(6)

The third condition is that the electronic programme guide—

(a)

is provided by—

(i)

a person (“P1”) who, on the day these Regulations come into force, is providing a regulated electronic programme guidef2 under section 211A(2)(a) of the Communications Act 2003, or

(ii)

a person (“P2”) who is associated with such a person (P1) (see paragraph (7)), or

(b)

can be accessed by means of a regulated electronic programme guide, including an electronic programme guide which is a regulated electronic programme guide as a result of this regulation.

(7)

For the purposes of paragraph (6)(a)(ii), P2 is associated with P1 only if—

(a)

P2 is a body corporate which is controlled by P1, or

(b)

P1 and P2 are bodies corporate which are both controlled by the same person.

(8)

In paragraph (7), “controlled” has the same meaning as in Part 1 of Schedule 2 to the Broadcasting Act 1990f3.

(9)

The fourth condition is that the electronic programme guide is not a regulated electronic programme guide under section 211A(2)(a) of the Communications Act 2003.

3Transitional arrangements

(1)

A person providing a regulated electronic programme guide which falls within section 211A(2)(c) of the Communications Act 2003 is not required to have a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996f1 until—

(a)

in the case of an electronic programme guide which is provided in accordance with regulation 2(6)(a), 1st December 2026;

(b)

in the case of an electronic programme guide which is not provided in accordance with regulation 2(6)(a), but can be accessed as described in regulation 2(6)(b), 1st June 2027.

(2)

A person providing a relevant regulated television service which—

(a)

is not a regulated electronic programme guide, and

(b)

is required to have a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996 only as a consequence of being accessible by means of a regulated electronic programme guide which falls within section 211A(2)(c) of the Communications Act 2003,

is not required to have such a licence until 1st December 2027.

(3)

In paragraph (2), “relevant regulated television service” has the same meaning as in section 13(1A) of the Broadcasting Act 1990f2.

Signature

Ian Murray

Minister of State

Department for Culture, Media and Sport

15th May 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations set out a description of an electronic programme guide for the purposes of section 211A(2)(c) of the Communications Act 2003 (c. 21) (“the 2003 Act”).  Any electronic programme guide that falls within this description will be a “regulated electronic programme guide” for the purposes of section 211 of that Act (regulation of independent television services).

Section 211 of the 2003 Act provides that it is a function of OFCOM to regulate certain services in accordance with the 2003 Act, the Broadcasting Act 1990 (c. 42) and the Broadcasting Act 1996 (c. 55). These services include regulated electronic programme guides and, for example, digital television programme services (defined in section 362(1) of the 2003 Act) that can be accessed by means of a regulated electronic programme guide and are not exempt foreign services (defined in section 211B of the 2003 Act). One of the features of the regulatory framework is a requirement to have a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996. Regulation 3 of these Regulations makes transitional arrangements as to when a person providing a regulated electronic programme guide which falls within section 211A(2)(c) of the 2003 Act must have such a licence. It also makes transitional arrangements as to when a person providing a relevant regulated television service (defined in section 13(1A) of the Broadcasting Act 1990) which requires such a licence only as a consequence of being accessible by means of a regulated electronic programme guide which falls within section 211A(2)(c) of the 2003 Act must have such a licence.

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. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.