Explanatory note

These Regulations repeal section 101B(4) of the Broadcasting Act 1996 (“the Act”) to ensure correct implementation of Article 14(3) of Directive 2010/13/EU of the European Parliament and of the Council (the Audiovisual Media Services Directive) (OJ No L 95, 15.4.2010, p1). (The Directive extends to the European Economic Area (EEA) pursuant to the Decision of the EEA Joint Committee No 109/2012 of 15.06.2012 (OJ No L 270, 4.10.2012, p31).)

Sections 101A and 101B were inserted into the Act by the Television Broadcasting Regulations 2000 (S.I. 2000/54) to implement Council Directive 89/552/EEC, which was repealed and codified by the Audiovisual Media Services Directive.

Section 101A provides for the designation of important sporting or other events in relation to an EEA state other than the United Kingdom. Section 101B(1) restricts the televising of a designated event. Under section 101B(4), the requirement to obtain Ofcom’s consent did not apply where the rights were acquired before the day on which the event became a designated event. The repeal of section 101B(4) has effect so that a television programme provider must now obtain Ofcom’s consent under section 101B(1) to exercise such exclusive rights whether the rights were acquired before or after the event is designated.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen. This instrument is published on www.legislation.gov.uk.