Statutory Instruments
2024 No. 1033 (C. 70)
BROADCASTING
The Media Act 2024 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2024
Made
15th October 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by section 55(3) to (5) of the Media Act 2024(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Media Act 2024 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2024.
(2) In these Regulations—
(a)“the 1990 Act” means the Broadcasting Act 1990(2);
(b)“the 2003 Act” means the Communications Act 2003(3);
(c)“the 2024 Act” means the Media Act 2024.
Provision coming into force for specific purposes only on 17th October 2024
2. Section 19 of the 2024 Act (amount of financial penalties: qualifying revenue) comes into force on 17th October 2024 only for the purposes of enabling preparatory work by OFCOM for the coming into force for all purposes of this section including, but not limited to—
(b)the variation by OFCOM of licences to provide a television broadcasting service under Part 1 of the 1990 Act and Part 3 of the 2003 Act, and
(c)the issuing or revision of a Statement of Principles for the purposes of Schedule 7 to the 1990 Act(4).
Provision coming into force on 17th October 2024
3. The following provisions of the 2024 Act come into force on 17th October 2024—
(a)section 41 (licensing of analogue radio services);
(b)section 42 (licensing and local services);
(c)section 43 (character of local services);
(d)section 44 (local news and information), so far as not already in force;
(e)section 45 (financial assistance for radio);
(f)section 46 (licensing of non-UK digital sound programme services);
(g)section 47 (radio multiplex licences).
Transitional provision
4.—(1) A condition relating to local news included in a local licence under section 106(1) of the 1990 Act (requirements as to character and coverage of national and local services)(5) is to be treated as having been included in such a licence under section 314(1)(a) of the 2003 Act (local news and information in local sound broadcasting services), as that section is amended by section 44 of the 2024 Act(6).
(2) The requirement in section 314(2)(b) of the 2003 Act, as that section is amended by section 44 of the 2024 Act (to have regard to guidance when requiring a local licence to include a condition), does not apply in relation to any licence to which paragraph (1) applies.
(3) In this regulation—
(a)“local licence” has the meaning given in section 126 of the 1990 Act(7);
(b)“local news” means news which is of particular interest—
(i)to persons living or working within the area or locality for which the service is provided,
(ii)to persons living or working within a part of that area or locality, or
(iii)to particular communities living or working within that area or locality or part of it.
(4) References in this regulation to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality.
Saving provision
5.—(1) Sections 104, 105, 106 and 106ZA of the 1990 Act (sound broadcasting services) continue to have effect on or after 17th October 2024 for the purpose of their application to community radio services by virtue of the 2004 Order as if sections 42 and 43 of the 2024 Act had not been brought into force by these Regulations.
(2) Sections 50, 51, 54 and 58 of the Broadcasting Act 1996 (radio multiplex services)(8) continue to have effect on or after 17th October 2024 for the purpose of their application to small-scale radio multiplex services by virtue of the 2019 Order as if section 47 of the 2024 Act had not been brought into force by these Regulations.
(3) In this regulation—
(a)“the 2004 Order” means the Community Radio Order 2004(9);
(b)“the 2019 Order” means the Small-scale Radio Multiplex and Community Digital Radio Order 2019(10);
(c)“community radio service” has the meaning given in article 2(1) of the 2004 Order;
(d)“small-scale radio multiplex service” has the meaning given in article 2(1) of the 2019 Order.
Stephanie Peacock
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
15th October 2024
Schedule 7 was amended by paragraph 72 of Schedule 15 to the Communications Act 2003.
Section 106(1) was amended by paragraph 49 of Schedule 15 and by Schedule 19 to the Communications Act 2003 and by section 43 of the Media Act 2024 (c. 15).
There are amendments to section 314 but none is relevant.
The definition of “local licence” must be read with the definition of “local service” in section 126 of the Broadcasting Act 1990. The definition of “local service” was substituted by paragraph 59(b) of Schedule 15 to the Communications Act 2003. There are other amendments to section 126 but none is relevant.
Regulation 4 of S.I. 2024/858 (C. 55) provides that certain provisions of Schedule 2 come into force on the date that certain provisions of the Communication Act 2003 come into force.
Regulation 4 of S.I. 2024/858 (C. 55) provides that certain provisions of Schedule 4 come into force on the date that certain provisions of the Communication Act 2003 come into force.