Section 362BO: Power to modify regulation, Communications Act 2003

The Secretary of State may by regulations amend this Part so as to add to the duties and prohibitions imposed on providers of radio selection services or to alter or remove such a duty or prohibition.

The provision that may be made by regulations under subsection (1) includes—

provision about enabling the use of a radio selection service to select and cause to play any relevant internet radio service of a particular sort (for example, a service characterised by the nature of its contents or the identity of its provider);

provision about the terms and conditions that may be offered by the provider of a radio selection service to the provider of a relevant internet radio service for or in connection with the use of the service to access the relevant internet radio service;

provision about the charges that may be imposed by the provider of a radio selection service on the provider of a relevant internet radio service in connection with the use of the service to access the relevant internet radio service;

provision about the publication of information about such terms, conditions and charges.

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 have received a report of a review under section 362BP.

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

persons who appear to the Secretary of State to represent providers of internet radio services;

persons who appear to the Secretary of State to represent providers of radio selection services;

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.

Section 362BO: Power to modify regulation

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