Legislation and Regulation
The legislative and regulatory framework for Community Radio is provided by the Communications Act 2003, The Community Radio Order 2004 and regulations set by the Communications regulator Ofcom for Community Radio and other broadcasters.

The Communications Act 2003
The Communications Act 2003 introduced a vastly improved framework for Community Media development in the United Kingdom and the Community Media Association played an important role in lobbying for this new framework. The Act received Royal Assent on 17 July 2003.
The sections in the Act that make specific provision for Community Media are as follows:

Section 262
This section says that the Secretary of State may by order modify the Communications Act 2003 and the Broadcasting Acts of 1990 and 1996 to make special provision for Community Radio services.

Section 359
This section says that Ofcom may make such grants as they consider appropriate to Community Radio licensees.

The Community Radio Order 2004
The Order came into force on 20th July 2004 and it makes explicit provision for community radio. The Community Radio Order 2004 forms part of secondary legislation to the Communications Act 2003. The Community Radio Order 2004 provides the following definition:

'(1) It is a characteristic of community radio services that they are local services provided primarily ;

(a) for the good of members of the public, or of particular communities, and
(b) in order to deliver social gain,
rather than primarily for commercial reasons or for the financial or other material gain of the individuals involved in providing the service.

(2) It is a characteristic of every community radio service that it is intended primarily to serve one or more communities (whether or not it also serves other members of the public).

(3) It is a characteristic of every community radio service that the person providing the service-

(a) does not do so in order to make a financial profit by so doing, and
(b) uses any profit that is produced in the provision of the service wholly and exclusively for securing or improving the future provision of the service, or for the delivery of social gain to members of the public or the community that the service is intended to serve.

(4) It is a characteristic of every community radio service that members of the community it is intended to serve are given opportunities to participate in the operation and management of the service.

(5) It is a characteristic of every community radio service that, in respect of the provision of that service, the person providing the service makes himself accountable to the community that the service is intended to serve.'

Ofcom (the Office of Communications)
Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.

Ofcom's Statutory Duties under the Communications Act 2003 are as follows:

" 3(1) It shall be the principal duty of Ofcom, in carrying out their functions;

(a) to further the interests of citizens in relation to communications matters; and
(b) to further the interests of consumers in relevant markets, where appropriate by promoting competition"
Ofcom and Community Radio

Ofcom is tasked with the licensing and regulation of Community Radio. Further information about Ofcom�s role with regard to Community Radio is available on their Community Radio pages.

Ofcom and the Community Radio Fund
Ofcom has powers to establish a Community Radio Fund under the Communications Act 2003. Government (specifically, the Department for Culture, Media & Sport) is providing some financial support to be distributed to Community Radio stations through such a fund.

Only holders of a Community Radio licence can seek financial support from this Fund, and Ofcom expects to issue the first such licences early in 2005. Ofcom has completed a public consultation on the fund and their conclusions are available on their website.

The Broadcasting Code
The Communications Act 2003 required Ofcom to take into account setting standards for television and radio services. On 25 July 2005 Ofcom published a new Code for Broadcasting. The Code is the product of extensive consultation with broadcasters, viewers and listeners and other interested parties. The standards in the Code are shaped for television and radio. It allows for the setting out of clear principles and rules enabling broadcasters more freedom for creativity and audiences greater freedom to exercise their choices, while securing those objectives set by Parliament.

View: The Broadcasting Code

Read online: The Community Media Association response to the Consultation on the proposed Ofcom Broadcasting Code

Supplemental response from the Community Media Association on Section 13