PART 4A

ON-DEMAND PROGRAMME SERVICES
Chapter 3

Regulation of Tier 1 services

Duties of Tier 1 providers as regards Tier 1 standards code

Duties of Tier 1 providers to comply with Tier 1 standards code
368HJ
1
A person who provides a Tier 1 service must observe the code for the time being published under
section 368HF
.
2
The duty under
subsection (1)
applies only on and after the end of the grace period that applies in relation to the service.
3
In
subsection (2)
, “
the grace period
”, in relation to a Tier 1 service, means the period of 12 months beginning with whichever is the later of the following—
a
the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service;
b
the day when the first code under
section 368HF
was published.
4
Where regulations under
section 368HB
(1)
provide that an on-demand programme service, or a non-UK on-demand programme service, specified in the regulations is a Tier 1 service, the regulations may also provide—
a
that subsections
(2)
and
(3)
do not apply in relation to the service, or
b
that those subsections apply in relation to the service as if the reference in subsection
(3)
to 12 months were a reference to such lesser period as may be specified in the regulations.
Pt. 4A Ch. 3 inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 5; S.I. 2024/858, reg. 2(1)(y)
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2