PART 4A

ON-DEMAND PROGRAMME SERVICES

Application and interpretation of Part 4A

Interpretation of Part 4A
368R
1
In this Part—
- “appropriate regulatory authority” is to be construed in accordance with 368B;
- “children’s programme” means a programme made—
  1. for a television programme service or for an on-demand programme service, and
  2. for viewing primarily by persons under the age of sixteen;
- “prescription-only medicine” means a prescription only medicine within the meaning of regulation
5(3)
of the Human Medicines Regulations 2012;
- “product placement” has the meaning given by section 368H(1);
- “sponsorship” is to be construed in accordance with section 368G;
- “tobacco product” has the meaning given in section 1 of the Tobacco Advertising and Promotion Act 2002.
2
For the purposes of this Part, a programme is included in an on-demand programme service if it is included in the range of programmes the service offers to users.
3
For the purposes of this Part, advertising is included in an on-demand programme service if it can be viewed by a user of the service as a result of the user selecting a programme to view.
4
The services that are to be taken for the purposes of this Part to be available for use by members of the public include any service which—
a
is made available for use only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision; but
b
is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.
5
The person, and the only person, who is to be treated for the purposes of this Part as providing an on-demand programme service is the person who has editorial responsibility for the service (see section 368A(4)).
6
For the purposes of this Part—
a
the provision of a service by the
BBC
does not include its provision by a
BBC
company;
b
the provision of a service by the Welsh Authority does not include its provision by an S4C company;
and, accordingly, control that is or is capable of being exercised by the
BBC
or the Welsh Authority over decisions by a
BBC
company or an S4C company about what is to be comprised in a service is to be disregarded for the purposes of determining who has editorial responsibility for the service.
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
Words in s. 368R(1) substituted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 8
Words in s. 368R(1) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 44 (with Sch. 32)