PART 4A

ON-DEMAND PROGRAMME SERVICES

Information

Power to demand information
368O
1
The appropriate regulatory authority may require a person who appears to them to be or to have been a provider of an on-demand programme service and to have information that they require for a purpose within subsection (2) to provide them with all such information as they consider necessary for that purpose.
2
The following are within this subsection—
a
the purposes of an investigation which the appropriate regulatory authority are carrying out in order for it to be determined whether a contravention of section
368BA or section
368D
, or of regulations under section 368CA,
has occurred or is occurring, where—
i
the investigation relates to a matter about which they have received a complaint, or
ii
they otherwise have reason to suspect that there has been a contravention of that section;
b
the purpose of ascertaining or calculating applicable qualifying revenue under section 368J.
3
The appropriate regulatory authority may require a person who appears to them to be or to have been a provider of an on-demand programme service and to have information that they require for the purpose of securing compliance with the obligations of the United Kingdom under the Audiovisual Media Services Directive to provide them with all such information as they consider necessary for that purpose.
4
The appropriate regulatory authority may not require the provision of information under this section unless they have given the person from whom it is required an opportunity of making representations to them about the matters appearing to them to provide grounds for making the request.
5
The appropriate regulatory authority must not require the provision of information under this section except by a demand for the information contained in a notice served on the person from whom the information is required that describes the required information and sets out the appropriate regulatory authority’s reasons for requiring it.
6
A person who is required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by the appropriate regulatory authority in the demand for information.
7
Sections 368I and 368K apply in relation to a failure to comply with a demand for information imposed under this section as if that failure were a contravention of a requirement of section 368D.
8
In this section “information” includes copies of programmes.
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
Words in s. 368O(2)(a) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 10
Words in s. 368O(2)(a) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(7), 118(6); S.I. 2017/765, reg. 2(y)