F1PART 4AON-DEMAND PROGRAMME SERVICES

Application and interpretation of Part 4A

368PApplication of Part 4A in relation to the BBC

F2A1

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.

F9368QApplication of Part 4A in relation to the Welsh Authority

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

F10368QAService of notices by OFCOM

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.

368RInterpretation of Part 4A

(1)

In this Part—

  • “appropriate regulatory authority” is to be construed in accordance with 368B;

  • F11“children’s programme” means a programme made—

    1. (a)

      for a television programme service or for an on-demand programme service F12or a non-UK on-demand programme service that is a Tier 1 service, and

    2. (b)

      for viewing primarily by persons under the age of sixteen;

  • F13“electronic cigarette” means a product that—

    1. (a)

      can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges), and

    2. (b)

      is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916) or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002 (S.I. 2002/618);

  • “electronic cigarette refill container” means a receptacle that—

    1. (a)

      contains a nicotine-containing liquid, which can be used to refill an electronic cigarette, and

    2. (b)

      is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002;

  • F14“prescription-only medicine” means a prescription only medicine within the meaning of regulation 5(3) of the Human Medicines Regulations 2012;

  • “product placement” has the meaning given by section 368H(1);

  • “sponsorship” is to be construed in accordance with section 368G;

  • “tobacco product” has the meaning given in section 1 of the Tobacco Advertising and Promotion Act 2002.

(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.