F5PART 4AON-DEMAND PROGRAMME SERVICES

Annotations:
Amendments (Textual)

Information

368OPower to demand information

1

The appropriate regulatory authority may require a person who appears to them to be or to have been a provider of an on-demand programme service and to have information that they require for a purpose within subsection (2) to provide them with all such information as they consider necessary for that purpose.

2

The following are within this subsection—

a

the purposes of an investigation which the appropriate regulatory authority are carrying out in order for it to be determined whether a contravention of section F7368BAF1, 368CB or 368DF8, or of regulations under section F2368BC, has occurred or is occurring, where—

i

the investigation relates to a matter about which they have received a complaint, or

ii

they otherwise have reason to suspect that there has been F6such a contravention;

F4aa

the purposes of an investigation which the appropriate regulatory authority are carrying out in order to determine whether a person who appears to them to be or to have been a provider of an on-demand programme service has failed to take an appropriate measure in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, where—

i

the investigation relates to a matter about which they have received a complaint, or

ii

they otherwise have reason to suspect that there has been such a failure;

b

the purpose of ascertaining or calculating applicable qualifying revenue under section 368J.

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4

The appropriate regulatory authority may not require the provision of information under this section unless they have given the person from whom it is required an opportunity of making representations to them about the matters appearing to them to provide grounds for making the request.

5

The appropriate regulatory authority must not require the provision of information under this section except by a demand for the information contained in a notice served on the person from whom the information is required that describes the required information and sets out the appropriate regulatory authority’s reasons for requiring it.

6

A person who is required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by the appropriate regulatory authority in the demand for information.

7

Sections 368I and 368K apply in relation to a failure to comply with a demand for information imposed under this section as if that failure were a contravention of a requirement of section 368D.

8

In this section “information” includes copies of programmes.