Section 93 Broadcasting of local items during election period.F1 C1 F2

United Kingdom

(1)

Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.

(2)

The code for the time being adopted by a broadcasting authority under this section shall be either—

(a)

a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or

(b)

a code drawn up by one or more other such authorities;

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).

(3)

Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.

(4)

F3The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

(5)

For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—

(a)

(if a parliamentary general election) with the date of the dissolution of Parliament F4... ,

(b)

(if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M1Recess Elections Act 1975, or

(c)

(if a local government election) with the last date for publication of notice of the election,

and ending with the close of the poll.

(6)

In this section—

“broadcasting authority” means the British Broadcasting Corporation, F5the Office of Communications or Sianel Pedwar Cymru;
“candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
“relevant services”—
1. (a)
  in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
2. (b)
  F6in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 F7or services that are Tier 1 services within the meaning given by section 368HA of the Communications Act 2003.

Annotations

Textual amendments

F1: S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F2: S. 93 substituted (16.2.2001 for specified purposes and otherwise 16.3.2001) by 2000 c. 41, s. 144; S.I. 2001/222, art. 3
F3: Words in s. 93(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4: Words in s. 93(5)(a) omitted (15.9.2011) by virtue of Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 8 (with s. 6)
F5: Words in s. 93(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(3)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F6: S. 93(6): words in definition "relevant services" substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(3)(b) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F7: Words in s. 93(6) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 1; S.I. 2024/858, reg. 2(1)(z1)

Marginal citations

M1: 1975 c. 66.

Modifications

C1: S. 93 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)