Communications Act 2003

[F1 362AZ12 Interpretation of Part 3A U.K.

(1) In this Part—

• “the agreement objectives” has the meaning given by section 362AM;

• “BBC company”, “C4 company” and “S4C company” have the same meaning as in Part 3 (see section 362);

• “designated internet programme service” has the meaning given by section 362AA;

• “entity” means a body or association of persons or an organisation, regardless of whether the body, association or organisation is—

  (a)

  formed under the law of any part of the United Kingdom or of a country or territory outside the United Kingdom, or

  (b)

  a legal person under the law under which it is formed;

• “information notice” has the meaning given by section 362AS;

• “internet programme service” has the meaning given by section 362AA;

• “licensed public service channel” has the same meaning as in Part 3 (see section 362);

• “listed channel” has the meaning given by section 362AM;

• “programme” means such programme as is described in section 368ZA;

• “provision”—

  (a)

  in relation to an internet programme service, is to be construed in accordance with subsection (2);

  (b)

  in relation to a television selection service, is to be construed in accordance with section 362AE(5);

• “public service broadcaster” has the meaning given by section 264;

• “public service remit” has the meaning given by section 362AA;

• “public service remit content” has the meaning given by section 362AA;

• “regulated television selection service” has the meaning given by section 362AF;

• “television selection service” has the meaning given by section 362AE.

(2) The person, and the only person, who is to be treated for the purposes of this Part as providing an internet programme service is the person who has general control of the service.

(3) In the case of an internet programme service where the programmes provided to a user of the service are contained in a single on-demand programme service, the person with general control of the service is the person who has editorial responsibility for the on-demand programme service (see section 368A(4)).

(4) In the case of any other internet programme service, the person with general control of the service is the person who has general control over which—

(a) on-demand programme services,

(b) non-UK on-demand programme services, and

(c) services that fall within section 362AA(10)(c),

are included in the service.

(5) For the purposes of this Part—

(a) the provision of an internet programme service by the BBC does not include its provision by a BBC company;

(b) the provision of an internet programme service by C4C does not include its provision by a C4 company;

(c) the provision of an internet programme service by S4C does not include its provision by an S4C company;

and, accordingly, control that is or is capable of being exercised by the BBC, C4C or S4C over decisions by a BBC company, C4 company or S4C company about what is to be comprised in a service is to be disregarded for the purposes of determining who has general control of the service.

(6) For the purposes of this Part, a person (“P”) is associated with a public service broadcaster if, and only if—

(a) P is a body corporate which is controlled by the public service broadcaster; or

(b) where the public service broadcaster is the provider of a Channel 3 service or Channel 5, P and the public service broadcaster are bodies corporate which are both controlled by the same person.

(7) In subsection (6) “controlled” has the same meaning as in Part 1 of Schedule 2 to the 1990 Act.

(8) A reference in this Part to access, in relation to a programme provided by an internet programme service, is a reference to the opportunity of viewing in an intelligible form a programme so provided.

(9) For the purposes of this Part, a reference to an internet programme service being included in a television selection service is a reference to being one of the internet programme services that are, or whose programmes are, available for selection and access by means of the television selection service.

(10) The services that are to be taken for the purposes of this Part to be available for use by members of the public include any service which—

(a) is made available for use only by persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but

(b) is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.]

Textual Amendments

F1 Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))

Modifications etc. (not altering text)

C1 S. 362AZ12(6) applied by 1996 c. 55, s. 98(2D) (as substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 20(2), 55(3)(a) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.)

C2 S. 362AZ12(6) applied (17.10.2024 for specified purposes) by 1990 c. 42, s. 18A(5) (as inserted by Media Act 2024 (c. 15), ss. 19(3), 55(3)(a); S.I. 2024/1033, reg. 2)