The Community Radio Order 2025
The Community Radio Order 2025, effective April 1, 2025, consolidates and amends existing legislation governing community radio in the UK. It defines community radio services, focusing on their non-commercial, community-beneficial nature and the obligations on licensees, such as promoting social gain and accountability to the served community.
The order modifies relevant sections of the Broadcasting Act 1990 and the Communications Act 2003, revokes previous related orders, and includes transitional provisions for existing licences.
The focus is on fostering participation from community members, and ensuring that services are provided primarily for social gain.
Arguments For
Promoting localism and community engagement: The order fosters local radio services representing diverse communities and encouraging their participation in broadcasting.
Addressing underserved areas: It aims to provide radio services to communities lacking sufficient coverage from existing broadcasters, bridging information and communication gaps.
Enhancing social cohesion and civic participation: Community radio can encourage dialogue, knowledge-sharing, education, and boost community involvement and understanding.
Supporting social enterprises: The framework promotes non-profit radio models focusing on social benefit rather than commercial gain, offering avenues for social enterprises.
Streamlining regulation: By consolidating previous orders and making targeted amendments, this order simplifies the regulatory environment for community radio stations.
Arguments Against
Potential for regulatory complexity: The detailed definitions and specific conditions might lead to complex compliance requirements, particularly for smaller stations.
Limited financial resources for community stations: The non-profit nature and income restrictions might constrain stations' financial sustainability and ability to expand services.
Potential for bias or lack of impartiality: The emphasis on serving local communities increases the risk of editorial bias if appropriate standards aren't consistently maintained.
Overlapping coverage areas: The order needs effective enforcement mechanisms to handle possible overlapping with existing services, preventing unnecessary competition or interference.
Challenges overseeing social gain: Monitoring and assessing social gains delivered by community radio might prove complex and subjective, hindering accountability and effective policy evaluation.
- Citation, commencement and extent (1) This Order may be cited as the Community Radio Order 2025. (2) This Order comes into force on 1st April 2025. (3) This Order extends to England and Wales, Scotland and Northern Ireland.
This section provides the order's official title, effective date (April 1st, 2025), and its geographical scope, covering the entire UK.
- Interpretation (1) In this Order— “the 1990 Act” means the Broadcasting Act 1990; “the 2003 Act” means the Communications Act 2003; “the 2004 Order” means the Community Radio Order 2004; “the 2019 Order” means the Small-scale Radio Multiplex and Community Digital Radio Order 2019; “community” means— (a) the persons who live or work or undergo education or training in a particular area or locality, or (b) persons who (whether or not they fall within paragraph (a)) have one or more interests or characteristics in common; “community radio licence” means a licence under Part 3 of the 1990 Act (as it has effect by virtue of this Order) to provide a community radio service; “community radio service” means a local service having the characteristics set out in article 3; “coverage area” means, in relation to a service provided under a local sound broadcasting licence, the area in the United Kingdom within which that service is capable of being received at a level satisfying such technical standards as have been laid down by OFCOM for the purposes of this Order; “local authority” has the meaning given in paragraph 1(1) of Part 1 of Schedule 2 to the 1990 Act (restrictions on the holding of licences); “potential audience” means, in relation to any local service, the persons who reside within the coverage area for that service; “social enterprise” means a business which has as its primary objective the support of one or more projects of a social nature (rather than the production of a financial profit); “social gain” has the meaning given by paragraph (2). (2) In relation to a community radio service, “social gain” means the achievement, in respect of the community that the service is intended to serve, or in respect of other members of the public, of the following objectives— (a) the provision of sound broadcasting services to individuals who are otherwise under served by such services, (b) the facilitation of discussion and the expression of opinion, (c) the provision (whether by means of programmes included in the service or otherwise) of education or training to individuals not employed by the person providing the service, and (d) the better understanding of the particular community and the strengthening of links within it, and may also include the achievement of other objectives of a social nature and, in particular, those mentioned in paragraph (3). (3) Those objectives are— (a) the delivery of services provided by local authorities and other services of a social nature and the increasing, and wider dissemination, of knowledge about those services and about local amenities; (b) the promotion of economic development and of social enterprises; (c) the promotion of employment; (d) the provision of opportunities for the gaining of work experience; (e) the promotion of social inclusion; (f) the promotion of cultural and linguistic diversity; (g) the promotion of civic participation and volunteering. (4) For the purposes of this Order, two local sound broadcasting licences overlap if (but only if) the potential audience of the service provided under either of those licences includes 50% or more of the potential audience of the service provided under the other licence. (5) In this Order, in relation to any service which is intended to serve more than one community, any reference to the community which that service is intended to serve is be taken to include a reference to every such community. (6) In this Order, one person is to be treated as being connected with another person if the person would be so treated for the purposes of Schedule 2 to the 1990 Act.
This article defines key terms used throughout the order.
It clarifies what constitutes a 'community,' 'community radio service,' 'coverage area,' and importantly, 'social gain.' The definition of 'social gain' outlines the social objectives a community radio service should aim to achieve, encompassing several public benefit goals.
Overlapping licences are defined, along with how interconnected individuals or entities will be treated under the order's framework.
- Characteristics of community radio services (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, 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 themselves accountable to the community that the service is intended to serve.
This section outlines the defining characteristics of a community radio service. They must be local, primarily serving the public or specific communities for social benefit, not for commercial profit.
Profits must be reinvested, community involvement is mandated, and accountability to the community is a key requirement.
- Application of broadcasting legislation Part 3 of the 1990 Act (independent radio services) and Part 3 of the 2003 Act (television and radio services etc.) have effect in relation to a community radio service with the modifications set out in the Schedule.
This section states that the existing broadcasting legislation (from the 1990 and 2003 Acts) will apply to community radio services, but with the modifications specified in the Schedule to this order.
- Disqualified persons (1) In addition to the modifications made by article 4 of, and the Schedule to, this Order, Part 2 of Schedule 2 to the 1990 Act (disqualifications for holding licences) has effect in relation to community radio licences as if the persons who are disqualified persons by virtue of that Part of that Schedule included, in relation to such licences, any person falling within paragraph (2). (2) Those persons are— (a) any person who is not a body corporate, (b) any body corporate falling within paragraph (3), and (c) any C4 company or S4C company that would not otherwise be a disqualified person by virtue of paragraph (3). (3) A body corporate falls within this paragraph if— (a) that body holds at least one relevant Broadcasting Act licence, or (b) that body is connected with a person who holds one or more such licences. (4) In this article, a relevant Broadcasting Act licence is a Broadcasting Act licence which is not a licence to provide one of the following services— (a) a community radio service; (b) a digital sound programme service; (c) a restricted service; (d) a radio licensable content service; (e) a restricted television service; (f) a television licensable content service; (g) a local digital television programme service.
This article specifies additional disqualifications for holding community radio licenses, expanding on the criteria laid out in the 1990 Act.
It explains who cannot hold licences, focusing on individuals, corporations with existing licences, or those linked to entities that already hold specific types of broadcasting licenses.
Certain types of broadcasting licenses are excluded from the disqualifications.
- Restrictions on holding of community radio licences (1) No body corporate may hold more than one community radio licence at any one time. (2) For the purposes of this article, any body corporate which is connected with another such body which holds such a licence is to be treated as if it also were a holder of that licence.
This article limits the number of community radio licences a single corporation can hold, preventing monopolies and encouraging wider participation.
Related corporations are also considered license holders under this restriction.
- Revocation The following enactments are revoked— (a) the 2004 Order; (b) the Community Radio (Amendment) Order 2010; (c) the Community Radio (Amendment) Order 2015.
This article revokes the Community Radio Order 2004 and its subsequent amendments (2010 and 2015), replacing them with the provisions of this new order.
- Transitional provision for community radio (1) Anything done, or being done, under Part 3 of the 1990 Act, as that Part had effect by virtue of the 2004 Order, is to be treated as having been done, or being done, under Part 3 of the 1990 Act, as that Part has effect by virtue of this Order, including but not limited to— (a) the award or grant of a community radio licence under Part 3 of the 1990 Act; (b) the variation of a community radio licence under section 86(5) of the 1990 Act; (c) the enforcement of a community radio licence under sections 109 to 111 and 111B of the 1990 Act. (2) A community radio licence extended, on one or more occasions, under section 253A of the 2003 Act (extension of community radio licences), as that section had effect by virtue of the 2004 Order, is to be treated as having been extended, for the same number of occasions, under section 253A of the 2003 Act, as that section has effect by virtue of this Order. (3) A condition included in a community radio licence pursuant to section 105(4) to (6) of the 1990 Act, as it had effect by virtue of the 2004 Order (income restrictions relating to advertisements and sponsorship), is treated as not being so included in the licence on or after 1st April 2025. (4) Paragraph (b) of section 86(5) of the 1990 Act (licence holder representations about a variation of a licence), as it has effect by virtue of this Order, does not apply in relation to the variation by OFCOM of a community radio licence under that section for the purposes of including a condition in the licence pursuant to section 105(2) of the 1990 Act, as it has effect by virtue of this Order.
This article provides transitional arrangements to ensure a smooth shift from the old community radio regulations (under the 2004 Order) to the new ones.
Actions already made under the previous legislation are validated, and specific conditions, such as income restrictions (related to advertising and sponsorship), are phased out on April 1st, 2025.
It also makes exceptions regarding license holder representation before OFCOM for license variation.
- Amendment of the Small-scale Radio Multiplex and Community Digital Radio Order 2019 (1) The 2019 Order is amended as follows. (2) In article 2(1) (interpretation), in the definition of “community radio service”, for “Community Radio Order 2004” substitute “Community Radio Order 2025”. (3) Omit article 7. (4) In Part 1 of the Schedule (modifications of Part 2 of the 1996 Act in relation to small-scale radio multiplex services)— (a) in paragraph 6(f), omit paragraph (i); (b) in paragraph 6, omit sub-paragraph (g); (c) in paragraph 7(c), in paragraph (i), for “, (d) and (e) were” substitute “was”; (d) in paragraph 7(c), omit paragraph (iv); (e) in paragraph 10(b), in paragraph (iii), omit the words from “and at the end” to the end; (f) in paragraph 10(b), omit paragraph (iv); (g) in paragraph 12(e), omit paragraph (ii). (5) In Part 2 of the Schedule (modifications of Part 2 of the 1996 Act in relation to community digital sound programme services), in paragraph 18, in the modifications to the 1996 Act, omit section 61A. (6) In Part 3 of the Schedule (modifications of Part 2 of the 1996 Act in relation to small-scale radio multiplex and community digital sound programme services), in paragraph 21, in the modifications to the 1996 Act, omit the definition of the “2004 Order”.
This article specifies amendments to the Small-scale Radio Multiplex and Community Digital Radio Order 2019, making it consistent with the new Community Radio Order 2025.
This includes updates to terminology, the removal of certain articles, and various other specific sub-paragraph deletions or alterations.
These adjustments are mostly technical, aligning the 2019 order with the changes introduced by the 2025 order.
- Transitional provision for community digital radio A condition included in a community digital sound programme licence pursuant to section 61A of the 1996 Act, as it had effect by virtue of the 2019 Order (advertising restrictions for community digital sound programme services), is treated as not being so included in the licence on or after 1st April 2025.
Similar to Article 8, this article provides transitional arrangements for community digital sound programme licenses, specifically concerning advertising restrictions set by section 61A of the 1996 Act (as amended in 2019).
These advertising restrictions cease to be part of the license from April 1st, 2025.
Schedule: Modification of legislation in relation to community radio services Part 1: Modifications to the Broadcasting Act 1990
- Part 3 of the 1990 Act is modified as follows.
- Section 86 (duration of certain licences) has effect as if in subsection (3)— (a) for “local or national service or to provide an additional service”, there were substituted “community radio service”, and (b) for “twelve”, there were substituted “ten”.
- Part 3 has effect as if for section 104 (applications for licences: local and restricted services) there were substituted—[New section 104 provided]
- Section 104A (renewal of local licences), section 104AA (further renewal of local licences), section 104AB (renewal under section 104AA: nomination of national services) and section 104AC (variation of conditions relating to digital services) do not have effect.
- Part 3 has effect as if after section 104AC there were inserted—[New section 105 provided]
- Section 106 (requirements as to character and coverage of national and local services) has effect as if— (a) in subsection (1), for “national”, there were substituted “community radio”; (b) in subsection (1A), after paragraph (a) there were inserted—[new paragraphs (b) to (e) provided]; (c) after subsection (1A) there were inserted—[New subsections (1B) to (1D) provided] (d) for subsection (2), there were substituted—[New subsection (2) provided]; (e) in subsection (4), for “local” there were substituted “community radio”; (f) in subsections (4), (5) and (6), for “locality for which”, in each place those words occur, there were substituted “locality in which”.
- Part 3 has effect as if after section 106 there were inserted—[New section 106ZA provided]
- Section 126 (interpretation of Part 3) has effect as if— (a) after the definition of “cash bid” there were added—[New definitions added for “community”, “community radio licence”, “community radio service”] (b) after the definition of “local service”, “national service” and “restricted service”, there were added—[New definitions added for “overlap”, “potential audience”]; (c) after the definition of “radio transfer date”, there were added—[New definition added for “relevant community”].
- Part 2 of Schedule 2 (disqualification for holding licences) has effect as if— (a) in paragraph 1, sub-paragraph (1)(f) (individual who is an officer of a political body etc.) were omitted; (b) paragraph 3 (disqualification of publicly-funded bodies for radio services licence) were omitted; (c) in paragraph 4 (general disqualification on grounds of undue influence)— (i) in sub-paragraph (1)(a), for “relevant body” there were substituted “person”; (ii) sub-paragraph (2) were omitted.
The Schedule details the specific modifications to the Broadcasting Act 1990.
It amends existing sections, adds new sections, removes others, and redefines certain terms.
These changes reflect the requirements and principles set out in the order's preceding articles regarding community radio services, ensuring that the act's text aligns with the order's intended impact and focus on community participation and social benefit.
Part 2: Modifications to the Communications Act 2003 10. Part 3 of the Communications Act 2003 is modified as follows. 11. Section 245 (regulation of independent radio services) has effect as if, in subsection (4), after paragraph (b) there were inserted—[New sub-paragraph (ba) provided] 12. Section 314 (local news and information in local sound broadcasting services) does not have effect. 13. Chapter 3 of Part 3 has effect as if section 253 (extension and modification of existing licences) were omitted and before section 254 (renewal of local licences) there were inserted—[Section 253A provided]
This part details the modifications to be made to the Communications Act 2003.
It includes adding a sub-paragraph to Section 245, removal of Section 314, and the insertion of a new Section 253A before Section 254.
The inserted section 253A addresses the extension of community radio licences.
These amendments are in line with the order's primary intent to update the regulatory framework for community radio.