PART 4A

ON-DEMAND PROGRAMME SERVICES

Notification by providers

Enforcement of section 368BA
368BB
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.
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
Ss. 368BA, 368BB and cross-heading inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 4