F1PART 4AON-DEMAND PROGRAMME SERVICES
F2Chapter 3Regulation of Tier 1 services
Application etc of Chapter 2 to certain Tier 1 services
368HEApplication etc of Chapter 2 to certain Tier 1 services
(1)
Subsection (2) applies where a non-UK on-demand programme service is a Tier 1 service by virtue of regulations under section 368HB.
(2)
The following provisions of Chapter 2 apply in relation to the Tier 1 service as if any reference in those provisions to an on-demand programme service included a reference to the Tier 1 service—
(a)
section 368C, so far as relating to the duties of the appropriate regulatory authority in relation to section 368D;
(b)
section 368D (duties of service providers), apart from section 368D(2)(ca);
(c)
section 368E (harmful material);
(d)
section 368F (advertising);
(e)
section 368FA (advertising: less healthy food and drink);
(f)
section 368G (sponsorship);
(g)
section 368H (prohibition of product placement and exceptions).
(3)
A duty or prohibition arising by virtue of subsection (2) applies in relation to the Tier 1 service only on and after the end of the grace period that applies in relation to the Tier 1 service.
(4)
In subsection (3), “the grace period”, in relation to a non-UK on-demand programme service that is a Tier 1 service, means the period of 12 months beginning with the day on which the non-UK on-demand programme service became a Tier 1 service.
(5)
Where regulations under section 368HB(1) provide that a non-UK on-demand programme service specified in the regulations is a Tier 1 service, the regulations may also provide—
(b)
that those subsections apply in relation to the service as if the reference in subsection (4) to 12 months were a reference to such lesser period as may be specified in the regulations.
(6)
Section 368D(3)(zb) applies in relation to an on-demand programme service that is a Tier 1 service by virtue of section 368HA(1)(a) with the modification that the reference in section 368D(3)(zb) to 60 days is to be read as a reference to 90 days.