F1PART 4AON-DEMAND PROGRAMME SERVICES

F2Chapter 3Regulation of Tier 1 services

Accessibility code for Tier 1 services

368HLAccessibility code for Tier 1 services

(1)

OFCOM must prepare and publish a code imposing requirements on providers of Tier 1 services for the purpose of ensuring that such services are accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.

(2)

The code must include provision requiring providers of Tier 1 services to report annually to OFCOM about—

(a)

the accessibility of their services to people with disabilities;

(b)

the steps taken to secure the quality and usability of the means by which their services are made accessible to people with disabilities.

(3)

The code must include provision requiring every provider of a Tier 1 service to ensure that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.

(4)

The code must include provision requiring the provider of a Tier 1 service, from the second anniversary of the relevant date, to secure that, in the 12 month period beginning with that second anniversary and in the succeeding 12 month period—

(a)

at least 40 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;

(b)

at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and

(c)

at least 2.5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.

(5)

The code must include provision requiring the provider of a Tier 1 service, from the fourth anniversary of the relevant date, to secure that, in the 12 month period beginning with the fourth anniversary and in each succeeding 12 month period—

(a)

at least 80 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;

(b)

at least 10 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and

(c)

at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.

(6)

A reference in any paragraph of subsections (4) and (5) to the total catalogue hours of a Tier 1 service for a period of time is a reference to the combined duration of the programmes available from the service within that period, other than those programmes excluded under subsection (7) in relation to the requirement in that paragraph.

(7)

The code must set out, in relation to each of the paragraphs of subsections (4) and (5), the descriptions of programmes that are excluded for the purposes of the requirement in that paragraph.

This subsection does not restrict the provision which may be made under subsection (8).

(8)

The code may include provision under which Tier 1 services specified in the code are wholly or partly exempted from some or all of the requirements set out in subsections (4) and (5).

(9)

Provision in the code partly exempting a Tier 1 service may, in particular, provide for the exemption to apply in relation to particular methods, or particular descriptions of method, by which that service is available to members of the public.

(10)

Before including in the code such provision as is described in subsection (7) or (8) in relation to a Tier 1 service, OFCOM must have regard, in particular, to—

(a)

the extent of the benefit which would be conferred if the provider of the service were to comply with the requirements set out in subsections (4) and (5);

(b)

the size of the audience for the service;

(c)

the number of persons who would be likely to benefit from compliance with those requirements and the extent of the likely benefit for each of those persons;

(d)

the extent to which persons accessing the service are resident in places outside the United Kingdom;

(e)

the technical difficulty of compliance with those requirements; and

(f)

the cost, in the context of the matters mentioned in paragraphs (a) to (e), of compliance with those requirements.

(11)

The requirements that may be imposed by the code include, in particular—

(a)

requirements as to lesser levels of assistance that apply before the date on which the requirements set out in subsection (4) or (5) fall to be complied with;

(b)

requirements as to the provision of assistance for disabled people, or a description of disabled people, in the case of a Tier 1 service that is exempted or partly exempted.

(12)

The code must also give guidance as to—

(a)

the extent to which Tier 1 services should promote the understanding and enjoyment by people with disabilities (in particular, people with disabilities affecting their sight or hearing, or both) of the programmes to be included in Tier 1 services; and

(b)

the means by which such understanding and enjoyment should be promoted.

(13)

OFCOM—

(a)

must keep the code under review,

(b)

may from time to time revise the code, and

(c)

where they do so, must publish the code as revised.

(14)

OFCOM must publish the code, and every revision of it, in such manner as they consider appropriate, having regard to the need to make the code or revision accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.

(15)

References in this Part to a code under this section are to be read, in relation to times after a revised code is published, as references to the code as revised.

(16)

In this section, “programme” does not include an advertisement.