The Legislative Reform (Renewal of Radio Licences) Order 2020

• Citation: S.I. 2020/1526
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Legislative Reform (Renewal of Radio Licences) Order 2020 and comes into force on the day after the day on which it is made.

Section 2 Amendment of the Broadcasting Act 1990

The Broadcasting Act 1990 is amended as follows.

Section 3 Amendment of the Broadcasting Act 1990

In section 103B (further renewal of national licences)—

(a) in subsection (1)—

(i) for “two occasions” substitute “three occasions”;

(ii) for “first occasion) or” substitute “first occasion),”;

(iii) after “second occasion)” insert “or 10 years (on the third occasion)”;

(b) in subsection (2), for “subsection (3)” substitute “subsections (3) and (3A)”;

(c) after subsection (3) insert—

(3A) Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(c) the determination is made as soon as practicable after that day.

Section 4 Amendment of the Broadcasting Act 1990

In section 104A (renewal of local licences)—

(a) in subsection (4)—

(i) in paragraph (b), after “multiplex service” insert “or a relevant small-scale radio multiplex service”;

(ii) after “a local radio multiplex service” insert “or a local digital sound programme service and a small-scale radio multiplex service”;

(iii) after “that local radio multiplex service” insert “or (as the case may be) that small-scale radio multiplex service”;

(b) in subsection (5)(b), after “multiplex service” insert “or the nominated small-scale radio multiplex service”;

(c) in subsection (6), after “multiplex service”, in both places it appears, insert “or the nominated small-scale radio multiplex service”;

(d) in subsection (10)(a), after “multiplex service” insert “or the nominated small-scale radio multiplex service”;

(e) in subsection (12), after “multiplex service” insert “or the nominated small-scale radio multiplex service”;

(f) in subsection (13)—

(i) omit the “and” at the end of paragraph (c);

(ii) in paragraph (d), for the words from ““coverage area”” to the end substitute “the coverage area for a local service or local radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph; and”;

(iii) after paragraph (d) insert—

(e) “relevant small-scale radio multiplex service”, in relation to a local licence, means a small-scale radio multiplex service (within the meaning of section 258A of the Communications Act 2003 ) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or small-scale radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this paragraph.

Section 5 Amendment of the Broadcasting Act 1990

In section 104AA (further renewal of local licences)—

(a) in subsection (1)—

(i) for “two occasions” substitute “three occasions”;

(ii) for “first occasion) or” substitute “first occasion),”;

(iii) after “second occasion)” insert “or 10 years (on the third occasion)”;

(b) in subsection (2), omit the words from “and it is the first occasion” to the end;

(c) in subsection (3), after “(4)” insert “, (4A)”;

(d) after subsection (4) insert—

(4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(c) the determination is made as soon as practicable after that day.

(e) in subsection (5)—

(i) omit the “and” at the end of paragraph (b);

(ii) after paragraph (c) insert—

, and

(d) references to the nominated small-scale radio multiplex service were omitted.

(f) in subsection (6), at the end insert the following definition—

“small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.