# The Small-scale Radio Multiplex and Community Digital Radio Order 2019, Paragraph 18

Extent: E+W+S+N.I.

Part 2 has effect as if after section 61 there were inserted—
“Advertising restrictions for community digital sound programme services
61A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements as to the characteristics of community digital sound programme services
61B. (1) A community digital sound programme licence must include such conditions as appear to OFCOM to be appropriate for securing that the characteristics of the licensed service, as proposed by the licence holder when making the application, are maintained during the period for which the licenced service is broadcast.
(2) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM must, in determining whether to consent to a departure from the characteristics of the licensed service, have regard to extent to which—
(a) the provision of the service would continue to result in the delivery of social gain to the public or the relevant community;
(b) members of the relevant community would continue to be given opportunities to participate in the operation and management of the service;
(c) the applicant would continue to be accountable to the relevant community in respect of the provision of the service.
(3) Without prejudice to the generality of subsection (1), a community digital sound programme licence must include such conditions as appear to OFCOM to be appropriate for securing that the holder of the licence does not enter into, or remain subject to, any arrangement if an effect of that arrangement is to allow another holder of a Broadcasting Act licence or the BBC or the Welsh Authority to exercise an undue influence over the nature and content of the programmes included in the service provided under that licence.
(4) In subsection (3), “arrangement” includes any agreement or arrangement with one or more other persons, whether or not it is, or is intended to be, legally enforceable.”.

---
Source: https://www.legislation.gov.uk/uksi/2019/1387/schedule/paragraph/18 (the official version)
Page: https://openlegislation.uk/small-scale-radio-multiplex-and-community-digital-radio-order-2019/schedule/paragraph-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.