The Audiovisual Media Services Regulations 2010

Amendments of Part 4A(1) of the Communications Act 2003: on-demand programme services

This sectionnoteType=Explanatory Memorandum has no associated

4.  After section 368B (the appropriate regulatory authority) insert—

Notification by providers

368BA    Advance notification to appropriate regulatory authority

(1) A person must not provide an on-demand programme service unless, before beginning to provide it, that person has given a notification to the appropriate regulatory authority of the person’s intention to provide that service.

(2) A person who has given a notification for the purposes of subsection (1) must, before—

(a)providing the notified service with any significant differences; or

(b)ceasing to provide it,

give a notification to the appropriate regulatory authority of the differences or (as the case may be) of an intention to cease to provide the service.

(3) A notification for the purposes of this section must—

(a)be sent to the appropriate regulatory authority in such manner as the authority may require; and

(b)contain all such information as the authority may require.

368BB    Enforcement of section 368BA

(1) Where the appropriate regulatory authority determine that the provider of an on-demand programme service has contravened section 368BA, they may do one or both of the following—

(a)give the provider an enforcement notification under this section;

(b)impose a penalty on the provider in accordance with section 368J.

(2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368BA has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.

(3) An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368BA as may be specified in the notification.

(4) An enforcement notification must—

(a)include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and

(b)fix a reasonable period for taking the steps required by the notification.

(5) It is the duty of a person to whom an enforcement notification has been given to comply with it.

(6) That duty is enforceable in civil proceedings by the appropriate regulatory authority—

(a)for an injunction;

(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(c)for any other appropriate remedy or relief.

(1)

Part 4A was inserted by the Audiovisual Media Services Regulations 2009, S.I. 2009/2973 regulation 2.