Citation and commencement

1. This Order may be cited as the Community Radio (Amendment) Order 2010 and comes into force on the day after the day on which it is made.

Amendment of the Community Radio Order 2004

2.The Schedule to the Community Radio Order 2004( 2 ) (which contains modifications of legislation in relation to community radio services) is amended as follows.

3. —(1)Paragraph 5(2) (which adds subsections (2) to (8) in section 105 of the Broadcasting Act 1990( 3 ) as it has effect in relation to a community radio service) is amended as follows.

(2) The subsection (2) added to that section is omitted.

(3) In the subsection (3) added to that section, after “any other local service” there is inserted “, other than a community radio service”.

(4) In the subsection (4) added to that section—

(a) the words “Accordingly, and” are omitted;

(b) paragraph (a) is omitted;

(c) in paragraph (b)—

(i) after “any other local licence” there is inserted “for a service, other than a community radio service,”;

(ii) after “includes” there is inserted “no”;

(iii) for “50,000” there is substituted “150,000”;

(iv) the words “, but no more than 150,000 such persons,” are omitted.

4. After paragraph 6 there is inserted—

“ Consultation about change of character of services

6A. Section 106ZA ( 4 ) (consultation about change of character of local services) shall have effect as if, in subsection (1)—

(a) for the words “local licence” there were substituted the words “community radio licence”;

(b) for the words “paragraphs (b) to (d)” there were substituted the words “paragraphs (b), (d), (e) and (f)”. ” ( 5 )

5. After paragraph 10 there is inserted—

“ Extension of existing licences

10A. Chapter 3 of Part 3 shall have effect as if section 253 were omitted and before section 254 there were inserted—

“ 253A. Extension of community radio licences

(1) A person who holds a community radio licence is entitled to apply to OFCOM, in accordance with the following provisions of this section, for one extension of the licence.

(2) The period for which a licence may be extended on such an application is a period ending not more than five years after the end of the period for which it was granted originally.

(3) An application under subsection (1) may only be made in the period which—

(a) begins eighteen months before the date on which the licence would otherwise expire; and

(b) ends six months before that date.

(4) An application under subsection (1)—

(a) must be made in such manner,

(b) must contain such information about the applicant, the applicant’s business and the service the applicant proposes to provide, and

(c) must be accompanied by such fee (if any),

as OFCOM may determine.

(5) If, on an application for an extension under subsection (1), OFCOM are satisfied as to the matters mentioned in subsection (6), they shall modify the licence by extending the period for which the licence is to be in force by such period authorised by subsection (2) as they think fit.

(6) Those matters are—

(a) the ability of the licence holder to maintain the service for the period of the extension; and

(b) the likelihood of a contravention by the licence holder of a requirement imposed by a condition included in the licence by virtue of section 106 of the 1990 Act. ” ”