Statutory Instruments
2026 No. 300
BROADCASTING
The Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026
Made
16th March 2026
Laid before Parliament
17th March 2026
Coming into force
1st May 2026
The Secretary of State makes this Order in exercise of the powers conferred by section 97(2) of the Broadcasting Act 1990(1).
In accordance with that section, the Secretary of State has consulted OFCOM.
Citation, commencement and extent
1.—(1) This Order may be cited as the Broadcasting Act 1990 (Independent Radio Services Exception) Order 2026.
(2) This Order comes into force on 1st May 2026.
(3) This Order extends to the United Kingdom.
Interpretation
2. In this Order—
“ AM broadcasting frequency ” means a frequency that falls within the frequency band 526.5 kilohertz to 1.6065 megahertz;
“ FM broadcasting frequency ” means a frequency that falls within the frequency band 87.5 to 108 megahertz;
“ restricted service ” has the meaning given by section 245(4)(c) of the Communications Act 2003 ;
“ wireless telegraphy apparatus ” has the meaning given by section 117(1) of the Wireless Telegraphy Act 2006 ( 2 ).
Excepted radio services
3.—(1) Section 97(1) of the Broadcasting Act 1990 (prohibition on providing independent radio services without a licence) does not apply to any service of the description specified in paragraph (2).
(2) The service is—
(a)a restricted service, and
(b)transmitted on—
(i)a frequency other than an AM or FM broadcasting frequency using wireless telegraphy apparatus, or
(ii)an FM broadcasting frequency using wireless telegraphy apparatus which emits electromagnetic energy having an effective radiated power not exceeding 50 nanowatts.
Revocations
4. The following enactments are revoked—
(a)the Broadcasting Act 1990 (Independent Radio Services: Exceptions) Order 1990(3);
(b)the Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007(4).
Ian Murray
Minister of State
Department for Culture, Media and Sport
16th March 2026
1990 c. 42. Section 97 was amended by paragraph 7 of Schedule 10 to the Broadcasting Act 1996 (c. 55) and paragraph 37 of Schedule 15 to the Communications Act 2003 (c. 21). Section 97(1) has effect as if any order made under section 97(2) which is for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey and the Bailiwick of Guernsey; see paragraph 27 of the Schedule to S.I. 1991/1710 and paragraph 27 of the Schedule to S.I. 1991/1709.
S.I. 1990/2536, as amended by S.I. 2003/2155.