[F1PART 4AU.K.ON-DEMAND PROGRAMME SERVICES

Textual Amendments

Application and interpretation of Part 4AU.K.

368PApplication of Part 4A in relation to the BBCU.K.

[F2(A1)Section 368BA (advance notification) does not apply in relation to an on-demand programme service provided or to be provided by the BBC.]

[F3(1)The following provisions do not apply to the BBC—

(a)[F4section 368D(3)(za) and (zb) (duties of providers of on-demand programme services);]

(b)section 368F (advertising);

(c)section 368G (sponsorship);

(d)section 368NA (fees).]

(2)In the following provisions references to a provider of an on-demand programme service do not include references to the BBC—

(a)section [F5368C(4) (codes of conduct: food and beverage promotion and children’s programmes)];

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 368K (suspension or restriction of service for contraventions);

(f)section 368L (suspension or restriction of service for inciting crime or disorder);

F8(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Paragraph 2(2)(b) of Schedule 12 includes provision imposing obligations on the BBC in relation to on-demand programme services.

Textual Amendments

F6S. 368P(2)(b)(c) omitted (18.3.2010) by virtue of The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 11(c)

F9368QApplication of Part 4A in relation to the Welsh AuthorityU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F10368QAService of notices by OFCOMU.K.

Section 362AZ10 (notices) applies in relation to a notice that may or must be given by OFCOM under any provision of this Part as it applies in relation to a notice that may or must be given by them under any provision of Part 3A.]

Textual Amendments

368RInterpretation of Part 4AU.K.

(1)In this Part—

(2)For the purposes of this Part, a programme is included in an on-demand programme service [F15or a non-UK on-demand programme service that is a Tier 1 service] if it is included in the range of programmes the service offers to users.

(3)For the purposes of this Part, advertising is included in an on-demand programme service [F16or a non-UK on-demand programme service that is a Tier 1 service] if it can be viewed by a user of the service as a result of the user selecting a programme to view.

(4)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 to 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.

(5)The person, and the only person, who is to be treated for the purposes of this Part as providing an on-demand programme service [F17or a non-UK on-demand programme service] is the person who has editorial responsibility for the service (see section 368A(4)).

(6)For the purposes of this Part—

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

(b)the provision of a service by [F18S4C] does not include its provision by an S4C company;

and, accordingly, control that is or is capable of being exercised by the BBC or [F18S4C] over decisions by a BBC company or an S4C company about what is to be comprised in a service is to be disregarded for the purposes of determining who has editorial responsibility for the service.]

Textual Amendments

F14Words in s. 368R(1) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 44 (with Sch. 32)