Section 46 — Licensing of non-UK digital sound programme services
Extent: E+W+S+N.I.
This version in force from 2024-10-17
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) Section 245 of the Communications Act 2003 (regulation of independent radio services) is amended in accordance with subsections (2) and (3).
(2) In subsection (1), after paragraph (b) insert— (c) digital sound programme services that do not fall within paragraph (a) or (b) but— (i) are provided from a place in a qualifying country, and (ii) are or are intended to be broadcast by means of a local radio multiplex service or small-scale radio multiplex service.
(3) After subsection (3) insert— (3A) The Secretary of State may, by regulations, amend or otherwise modify Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences) in its application to digital sound programme services that fall within subsection (1)(c). (3B) The regulations may in particular— (a) disapply or modify existing restrictions; (b) provide for new restrictions to apply. (3C) In subsection (1)(c)— “qualifying country” means a country or territory outside the United Kingdom that is specified in regulations made by the Secretary of State for the purposes of subsection (1)(c); “small-scale radio multiplex service” has the same meaning as in section 258A.
(4) In section 402 of the Communications Act 2003 (power of Secretary of State to make orders and regulations), in subsection (2A) (affirmative resolution procedure), before paragraph (za) insert— (zza) regulations under section 245(3C) (specification of country or territory as a “qualifying country”); .