---
title: "The On-demand Programme Services (Tier 1 Services) Regulations 2026"
id: f7c65901-f552-4bc8-903d-a6fd70c9d119
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://www.legislation.gov.uk/uksi/2026/235
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/f7c65901-f552-4bc8-903d-a6fd70c9d119
language: en
in_force_from: 2026-04-01
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/uksi/2026/235/data.xml
read_on: 2026-11-10
sha256: 5db636749edb8c8e691b3b7149730bf01010f2e3075ed86a98763f711664669c
provisions: 5
---

# The On-demand Programme Services (Tier 1 Services) Regulations 2026

## Title and introductory text {#prelims}

2026 No. 235
ELECTRONIC COMMUNICATIONS
The On-demand Programme Services (Tier 1 Services) Regulations 2026
Made
6th March 2026
Laid before Parliament
10th March 2026
Coming into force
1st April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 368HB(1) and 402(3) of the Communications Act 2003.
In accordance with section 368HB(5) of that Act, the Secretary of State has had regard to the contents of a report prepared by OFCOM on the operation of the market in the United Kingdom for on-demand programme services and non-UK on-demand programme services.
In accordance with section 368HB(3) and (4) of that Act, on 24th February 2026 the Secretary of State published the descriptions of services that the Secretary of State proposed to specify in these Regulations and accordingly a period of five sitting days beginning on 25th February 2026 (the first sitting day after the date of publication) had expired before the making of these Regulations.
In accordance with section 368HB(2) of that Act, the Secretary of State is satisfied that it is appropriate for the providers of the services falling within a description specified in these Regulations to be subject to the duties imposed on providers of Tier 1 services.

## 1 Citation, commencement and extent {#regulation-1}

(1) These Regulations may be cited as the On-demand Programme Services (Tier 1 Services) Regulations 2026.
(2) These Regulations come into force on 1st April 2026.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

## 2 Tier 1 services: description of services {#regulation-2}

(1) An on-demand programme service, or a non-UK on-demand programme service, is a Tier 1 service if it falls within the description in paragraph (2).
(2) The service has an average number of monthly United Kingdom users that exceeds 500,000.
(3) But an on-demand programme service provided by the BBC is not a Tier 1 service.

## 3 Meaning of “user” {#regulation-3}

(1) In these Regulations, a “user” of an on-demand programme service, or a non-UK on-demand programme service, means a person who uses the service to view a programme selected from among the programmes included in the service.
(2) But a person who uses an on-demand programme service, or a non-UK on-demand programme service, to view a programme selected from among the programmes included in the service by means of a user-to-user service is not a user of the on-demand programme service or non-UK on-demand programme service.
(3) The exception in paragraph (2) does not apply to a person who uses an on-demand programme service that is being used by a public service broadcaster, other than the BBC, to contribute to the fulfilment of its public service remit.
(4) In these Regulations—
(a) “United Kingdom user” means a user of the service who is in the United Kingdom;
(b) “user-to-user service” has the same meaning as in section 3(1) of the Online Safety Act 2023.

## 4 Determining the number of United Kingdom users {#regulation-4}

(1) A service’s average number of monthly United Kingdom users for the purposes of regulation 2 is the mean number of United Kingdom users per month for the relevant period.
(2) The “relevant period” in relation to determining the number of United Kingdom users is the twelve-month period ending with the month preceding the month in which that determination is carried out.
(3) Where the service has been in operation for less than twelve months, the reference to “the twelve-month period” in paragraph (2) is to be read as the “the period for which the service has been in operation”.