Notification by providers

368BAAdvance notification to appropriate regulatory authority

1

A person must not provide an on-demand programme service unless, before beginning to provide it, that person has given a notification to the appropriate regulatory authority of the person’s intention to provide that service.

2

A person who has given a notification for the purposes of subsection (1) must, before—

a

providing the notified service with any significant differences; or

b

ceasing to provide it,

give a notification to the appropriate regulatory authority of the differences or (as the case may be) of an intention to cease to provide the service.

3

A notification for the purposes of this section must—

a

be sent to the appropriate regulatory authority in such manner as the authority may require; and

b

contain all such information as the authority may require.

368BBEnforcement of section 368BA

1

Where the appropriate regulatory authority determine that the provider of an on-demand programme service has contravened section 368BA, they may do one or both of the following—

a

give the provider an enforcement notification under this section;

b

impose a penalty on the provider in accordance with section 368J.

2

The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368BA has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.

3

An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368BA as may be specified in the notification.

4

An enforcement notification must—

a

include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and

b

fix a reasonable period for taking the steps required by the notification.

5

It is the duty of a person to whom an enforcement notification has been given to comply with it.

6

That duty is enforceable in civil proceedings by the appropriate regulatory authority—

a

for an injunction;

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

c

for any other appropriate remedy or relief.