Section 362BH: Sections 362BF and 362BG: power to amend

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 3B: Regulation of radio selection services

The Secretary of State may by regulations—

amend section 362BF so as to alter the definition of "internet radio service";
amend section 362BG so as to alter the definition of "relevant internet radio service".

The amendments that may be made by virtue of subsection (1)(a) include amendments adding or removing a condition that must be satisfied in relation to a service or altering such a condition.

The amendments that may be made by virtue of subsection (1)(b) include amendments adding or removing a condition that must be satisfied in relation to an internet radio service or altering such a condition.

The conditions for which provision may be made by virtue of subsection (3) include conditions preventing or restricting charging for allowing the internet radio service in question to be played.

The power in section 402(3)(c) for regulations under subsection (1) to make consequential provision includes power to make provision which amends any enactment.

Before making regulations under subsection (1), the Secretary of State must consult—

OFCOM,
persons who appear to the Secretary of State to represent providers of radio selection services,
persons who appear to the Secretary of State to represent providers of internet radio services, and
such other persons as the Secretary of State considers appropriate.

A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by each House of Parliament.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.