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(1)The Secretary of State may by regulations impose requirements on providers of on-demand programme services for the purpose of ensuring that [F3such services] are accessible to people with disabilities [F4, including, in particular, people with disabilities affecting their sight or hearing, or both].
(2)The requirements that may be imposed include—
(a)requirements for programmes included in the services to be accompanied by subtitling;
(b)requirements for such programmes to be accompanied by audio-description for the blind;
(c)requirements for such programmes to be presented in, or translated into, sign language;
[F5(d)requirements for providers of on-demand programme services to report annually to the appropriate regulatory authority about the accessibility of such services.]
(3)The steps set out in subsections (4) to (6) must be taken before regulations are made under this section.
(4)The Secretary of State must ask the appropriate regulatory authority to consult such persons as appear to the authority likely to be affected by regulations under this section, including—
(a)providers of on-demand programme services, and
(b)representatives of people with disabilities F6....
(5)The appropriate regulatory authority must inform the Secretary of State of—
(a)the outcome of the consultation, and
(b)any other matters that they think should be taken into account by the Secretary of State for the purposes of the regulations.
(6)Where OFCOM are not the appropriate regulatory authority, the Secretary of State must consult OFCOM.
(7)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]]
Textual Amendments
F1Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
F2Ss. 368BC, 368BD and cross-heading inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(2), 118(6); S.I. 2017/765, reg. 2(y)
F3Words in s. 368BC(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 27(a)(i) (with Pt. 7)
F4Words in s. 368BC(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 27(a)(ii) (with Pt. 7)
F5S. 368BC(2)(d) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 27(b) (with Pt. 7)
F6Words in s. 368BC(4)(b) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 27(c) (with Pt. 7)
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