5. In section 368D(3) (duties of service providers)
(1) Before paragraph (a) insert—
“(za)pay to the appropriate regulatory authority such fee as that authority may require under section 368NA;
(zb)retain a copy of every programme included in the service for at least forty-two days after the day on which the programme ceases to be available for viewing;”
(2) After subsection (3) insert—
“(3A) A copy of a programme retained for the purposes of subsection (3)(zb) must be of a standard and in a format which allows the programme to be viewed as it was made available for viewing.”
Part 4A was inserted by the Audiovisual Media Services Regulations 2009, S.I. 2009/2973 regulation 2.