(1) A licence for the purposes of section 363 (“a TV licence”)—
(a) may be issued by the BBC subject to such restrictions and conditions as the BBC think fit; and
(b) must be issued subject to such restrictions and conditions as the Secretary of State may require by a direction to the BBC.
(2) The matters to which the restrictions and conditions subject to which a TV licence may be issued may relate include, in particular—
(a) the description of television receivers that may be installed and used under the licence;
(b) the persons authorised by the licence to install and use a television receiver;
(c) the places where the installation and use of the television receiver is authorised by the licence;
(d) the circumstances in which the installation and use of such a receiver is so authorised;
(e) the purposes for which the installation and use of such a receiver is so authorised;
(f) the use of such receiver in a manner that causes, or may cause, interference (within the meaning of the Wireless Telegraphy Act 2006 ) with wireless telegraphy.
(3) The restrictions and conditions subject to which a TV licence may be issued do not include—
(a) a provision conferring a power of entry to any premises; or
(b) a provision prohibited by a direction to the BBC by the Secretary of State.
(4) A TV licence shall continue in force, unless previously revoked by the BBC, for such period as may be specified in the licence.
(5) The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—
(a) by a notice to the holder of the licence; or
(b) by a general notice published in such manner as may be specified in the licence.
(6) It shall be the duty of the BBC to exercise their power under subsection (5) to revoke or modify a TV licence, or any of its restrictions or conditions, if they are directed to do so by the Secretary of State.
(7) A direction by the Secretary of State under this section may be given either generally in relation to all TV licences (or all TV licences of a particular description) or in relation to a particular licence.
(8) A notice under subsection (5)(a) must be given—
(a) in the manner specified in the licence; or
(b) if no manner of service is so specified, in the manner authorised by section 394.
(9) For the purposes of the application, in relation to the giving of such a notice, of—
(a) section 394; and
(b) section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its application for the purposes of that section,
a person’s proper address is any address where he is authorised by a TV licence to install or use a TV receiver or, if there is no such address, his last known address.
(1) A person to whom a TV licence is issued shall be liable to pay—
(a) on the issue of the licence (whether initially or by way of renewal), and
(b) in such other circumstances as regulations made by the Secretary of State may provide,
such sum (if any) as may be provided for by any such regulations.
(1A) Liability to pay a sum under regulations under subsection (1) is subject to any concession applying in accordance with a determination by the BBC under section 365A.
(2) Sums which a person is liable to pay by virtue of regulations under subsection (1) must be paid to the BBC and are to be recoverable by them accordingly.
(3) The BBC are entitled, in such cases as they may determine, to make refunds of sums received by them by virtue of regulations under this section.
(4) Regulations under this section may include provision—
(a) for the means by which an entitlement to a concession provided for by the regulations must be established; and
(b) for the payment of sums by means of an instalment scheme set out in the regulations.
(5) A reference in this section or section 365A to a concession is a reference to any concession under which a person is, on the satisfaction of specified requirements—
(a) exempted from the liability to pay a sum in respect of a TV licence; or
(b) required to pay only a reduced sum in respect of such a licence.
(5A) Regulations under this section may not provide for a concession that requires the person to whom the TV licence is issued, or another person, to be of or above a specified age, unless—
(a) the age specified is below 65, and
(b) the requirement is not satisfied if the person concerned is 65 or over at the end of the month in which the licence is issued.
(5B) Subsection (5A) does not apply to—
(a) the concession provided for by regulation 3(d) of and Schedule 4 to the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692) (accommodation for residential care), or
(b) a concession in substantially the same form.
(6) The consent of the Treasury shall be required for the making of any regulations under this section by the Secretary of State.
(7) Subject to subsection (8), sums received by the BBC by virtue of any regulations under this section must be paid into the Consolidated Fund.
(8) The BBC may retain, out of the sums received by them by virtue of regulations under this section, any sums they require for making refunds of sums so received.
365A TV licence fee concessions by reference to age
(1) For the purposes of section 365(1A) the BBC may determine that a concession in specified terms is to apply.
(2) Any concession under this section must include a requirement that the person to whom the TV licence is issued, or another person, is of or above a specified age, which must be 65 or higher, at or before the end of the month in which the licence is issued.
(3) A determination under this section—
(a) may in particular provide for a concession to apply, subject to subsection (2), in circumstances where a concession has ceased to have effect by virtue of section 365(5A), but
(b) may not provide for a concession to apply in the same circumstances as a concession within section 365(5B).
(4) A determination under this section may include provision for the means by which an entitlement to a concession must be established.
(5) A determination under this section—
(a) may make different provision for different cases (including different provision in respect of different areas);
(b) may include transitional provision.
(6) A determination under this section—
(a) must be in writing;
(b) must be published in whatever way the BBC considers appropriate.
(7) The BBC—
(a) may vary a determination by a further determination under this section;
(b) may determine that a concession is to cease to apply (and accordingly revoke a determination under this section).
(8) Before making, varying or revoking a determination the BBC must consult any persons it considers appropriate.
(1) If a justice of the peace, a sheriff in Scotland or a lay magistrate in Northern Ireland is satisfied by information on oath that there are reasonable grounds for believing—
(a) that an offence under section 363 has been or is being committed,
(b) that evidence of the commission of the offence is likely to be on premises specified in the information, or in a vehicle so specified, and
(c) that one or more of the conditions set out in subsection (3) is satisfied,
he may grant a warrant under this section.
(2) A warrant under this section is a warrant authorising any one or more persons authorised for the purpose by the BBC or by OFCOM—
(a) to enter the premises or vehicle at any time (either alone or in the company of one or more constables); and
(b) to search the premises or vehicle and examine and test any television receiver found there.
(3) Those conditions are—
(a) that there is no person entitled to grant entry to the premises or vehicle with whom it is practicable to communicate;
(b) that there is no person entitled to grant access to the evidence with whom it is practicable to communicate;
(c) that entry to the premises or vehicle will not be granted unless a warrant is produced;
(d) that the purpose of the search may be frustrated or seriously prejudiced unless the search is carried out by a person who secures entry immediately upon arriving at the premises or vehicle.
(4) A person is not to enter premises or a vehicle in pursuance of a warrant under this section at any time more than one month after the day on which the warrant was granted.
(5) The powers conferred by a warrant under this section on a person authorised by OFCOM are exercisable in relation only to a contravention or suspected contravention of a condition of a TV licence relating to interference with wireless telegraphy.
(6) A person authorised by the BBC, or by OFCOM, to exercise a power conferred by a warrant under this section may (if necessary) use such force as may be reasonable in the exercise of that power.
(7) Where a person has the power by virtue of a warrant under this section to examine or test any television receiver found on any premises, or in any vehicle, it shall be the duty—
(a) of a person who is on the premises or in the vehicle, and
(b) in the case of a vehicle, of a person who has charge of it or is present when it is searched,
to give the person carrying out the examination or test all such assistance as that person may reasonably require for carrying it out.
(8) A person is guilty of an offence if he—
(a) intentionally obstructs a person in the exercise of any power conferred on that person by virtue of a warrant under this section; or
(b) without reasonable excuse, fails to give any assistance that he is under a duty to give by virtue of subsection (7).
(9) A person guilty of an offence under subsection (8) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(10) In this section—
“interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 2006 ; and
“vehicle” includes vessel, aircraft or hovercraft.
(11) In the application of this section to Scotland, the reference in subsection (1) to information on oath shall have effect as a reference to evidence on oath.
(12) In the application of this section to Northern Ireland, the reference in subsection (1) to a lay magistrate shall have effect, in relation to times before the coming into force of sections 9 and 10 of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to a justice of the peace.
(1) In this Part “television receiver” means any apparatus of a description specified in regulations made by the Secretary of State setting out the descriptions of apparatus that are to be television receivers for the purposes of this Part.
(2) Regulations under this section defining a television receiver may provide for references to such a receiver to include references to software used in association with apparatus.
(3) References in this Part to using a television receiver are references to using it for—
(a) receiving all or any part of any television programme, or
(b) receiving all or any part of a programme included in an on-demand programme service which is provided by the BBC,
and that reference to the provision of an on-demand programme service by the BBC is to be read in accordance with section 368R(5) and (6).
(4) The power to make regulations under this section defining a television receiver includes power to modify subsection (3).
This Part applies in relation to the provision of programmes with or without sounds which consist of moving or still images, or of legible text, or of a combination of those things.
(1) For the purposes of this Act, a service (or a dissociable section of a service) is an “on-demand programme service” if—
(a) its principal purpose is the provision of programmes (as described in section 368ZA);
(b) access to it is on-demand;
(c) there is a person who has editorial responsibility for it;
(d) it is made available by that person for use by members of the public; ...
(e) that person's head office is in the United Kingdom, and
(f) editorial decisions about the service are taken in the United Kingdom.
(2) Access to a service (or dissociable section of a service) is on-demand if—
(a) the service (or dissociable section of the service) enables the user to view, at a time chosen by the user, programmes selected by the user from among the programmes included in the service (or dissociable section of the service); and
(b) the programmes viewed by the user are received by the user by means of an electronic communications network (whether before or after the user has selected which programmes to view).
(3) For the purposes of subsection (2)(a), the fact that a programme may be viewed only within a period specified by the provider of the service (or dissociable section of the service) does not prevent the time at which it is viewed being one chosen by the user.
(4) A person has editorial responsibility for a service (or dissociable section of a service) if that person has general control—
(a) over what programmes are included in the range of programmes offered to users; and
(b) over the manner in which the programmes are organised in that range;
and the person need not have control of the content of individual programmes or of the broadcasting or distribution of the service (or dissociable section of the service) (and see section 368R(6)).
(5) If an on-demand programme service (“the main service”) offers users access to a relevant ancillary service, the relevant ancillary service is to be treated for the purposes of this Part as a part of the main service.
(6) In subsection (5), “relevant ancillary service” means a service or facility that consists of or gives access to assistance for disabled people in relation to some or all of the programmes included in the main service.
(7) In this section “assistance for disabled people” has the same meaning as in Part 3.
368AA Meaning of non-UK on-demand programme service
(1) For the purposes of this Act, a service (or a dissociable section of a service) is a “non-UK on-demand programme service” if—
(a) it meets the conditions in paragraphs (a) to (d) of section 368A(1),
(b) it does not meet one or both of the conditions in paragraphs (e) and (f) of section 368A(1), and
(c) the members of the public for whose use it is made available are or include members of the public in the United Kingdom.
(2) Section 368A(5) to (7) applies in relation to a non-UK on-demand programme service as it applies in relation to an on-demand programme service.
(1) This section provides an overview of this Part.
(2) This Chapter (Chapter 1) gives the meaning of certain expressions used in this Part.
(3) Chapter 2 contains provision for the regulation of on-demand programme services (as defined by section 368A).
(4) Chapter 3—
(a) sets out the rules that apply for determining when an on-demand programme service (as defined by section 368A) or a non-UK on-demand programme service (as defined by section 368AA) is a Tier 1 service,
(b) makes provision for certain sections of Chapter 2 to apply in relation to a non-UK on-demand programme service that is a Tier 1 service in the same way that they apply in relation to an on-demand programme service, and
(c) makes provision for the additional regulation of Tier 1 services (whether on-demand programme services or non-UK on-demand programme services).
(5) Chapter 4 makes provision about the enforcement of certain provisions of Chapters 2 and 3.
(6) Chapter 5 makes supplementary provision.
(A1) OFCOM is the appropriate regulatory authority for all purposes of this Part in relation to the BBC (and, in relation to the BBC, OFCOM may not designate any other body to be the appropriate regulatory authority for any of those purposes).
(A2) OFCOM is the appropriate regulatory authority for the purposes of sections 368HC, 368HJ and 368HK (and OFCOM may not designate any other body to be the appropriate regulatory authority for those purposes).
(1) OFCOM may designate any body corporate to be, to the extent provided by the designation, the appropriate regulatory authority for the purposes of any provision of this Part, subject to subsections (A1) , (A2) and (9).
(2) To the extent that no body is designated for a purpose, OFCOM is the appropriate regulatory authority for that purpose.
(3) Where a body is designated for a purpose, OFCOM may act as the appropriate regulatory authority for that purpose concurrently with or in place of that body.
(4) OFCOM may provide a designated body with assistance in connection with any of the functions of the body under this Part.
(5) A designation may in particular—
(a) provide for a body to be the appropriate regulatory authority in relation to on-demand programme services , or non-UK on-demand programme services that are Tier 1 services, of a specified description;
(b) provide that a function of the appropriate regulatory authority is exercisable by the designated body—
(i) to such extent as may be specified;
(ii) either generally or in such circumstances as may be specified; and
(iii) either unconditionally or subject to such conditions as may be specified.
(6) The conditions that may be specified pursuant to subsection (5)(b)(iii) include a condition to the effect that a function may, generally or in specified circumstances, be exercised by the body only with the agreement of OFCOM.
(7) A designation has effect for such period as may be specified and may be revoked by OFCOM at any time.
(8) OFCOM must publish any designation in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.
(9) OFCOM may not designate a body unless, as respects that designation, they are satisfied that the body—
(a) is a fit and proper body to be designated;
(b) has consented to being designated;
(c) has access to financial resources that are adequate to ensure the effective performance of its functions as the appropriate regulatory authority;
(d) is sufficiently independent of providers of on-demand programme services or non-UK on-demand programme services; and
(e) will, in performing any function to which the designation relates, have regard in all cases—
(i) to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and
(ii) to such of the matters mentioned in section 3(4) as appear to the body to be relevant in the circumstances.
(10) Subject to any enactment or rule of law restricting the disclosure or use of information by OFCOM or by a designated body—
(a) a designated body may supply information to another designated body for use by that other body in connection with any of its functions as the appropriate regulatory authority;
(b) a designated body may supply information to OFCOM for use by OFCOM in connection with any of their functions under this Part;
(c) OFCOM may supply information to a designated body for use by that body in connection with any of its functions as the appropriate regulatory authority.
(d) OFCOM may supply information to the video works authority, within the meaning of section 368E, for use by the video works authority in connection with functions of OFCOM as the appropriate regulatory authority;
(e) a designated body may supply information to the video works authority, within the meaning of section 368E, for use by the video works authority in connection with functions of the designated body as the appropriate regulatory authority.
(11) In carrying out their functions as the appropriate regulatory authority, a designated body may carry out, commission or support (financially or otherwise) research.
(12) In this section—
“designation” means a designation under this section and cognate expressions are to be construed accordingly;
“specified” means specified in a designation.
(1) OFCOM must establish and maintain an up to date list of persons who have—
(a) given a notification to OFCOM under section 368BA(1) of their intention to provide an on-demand programme service, and
(b) not given a further notification under section 368BA(2)(b) of their intention to cease to provide it.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) OFCOM must publish the up to date list on a publicly accessible part of their website.
368BA Advance 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.
(4) In this section, “significant differences” includes any change that may affect whether or not paragraphs (e) and (f) of section 368A(1) are satisfied.
(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.
(7) Subsection (6) applies whether or not the provider is in the United Kingdom.
368C Duties of the appropriate regulatory authority
(1) It is the duty of the appropriate regulatory authority to take such steps as appear to them best calculated to secure that every provider of an on-demand programme service complies with the requirements of sections 368CB and 368D.
(2) The appropriate regulatory authority must encourage providers of on-demand programme services to develop accessibility action plans with a view to continuously and progressively making such services more accessible to people with disabilities.
(2A) The appropriate regulatory authority must provide a single, easily accessible (including by people with disabilities), online point of contact for providing information and receiving complaints regarding accessibility of on-demand programme services to people with disabilities.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The appropriate regulatory authority must encourage providers of on-demand programme services to develop codes of conduct regarding standards concerning the appropriate promotion of food or beverages by sponsorship of, or in advertising which accompanies or is included in, children’s programmes.
(5) The appropriate regulatory authority must draw up, and from time to time review and revise, guidance for providers of on-demand programme services concerning measures that may be appropriate for the purposes of section 368E(4) (ensuring specially restricted material is not available to under-18s).
(6) The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part in relation to the prohibition imposed by section 368FA (advertising: less healthy food and drink).
(7) The appropriate regulatory authority must consult the Secretary of State before drawing up or revising guidance under subsection (6).
(1) A person providing an on-demand programme service must secure that, in each year, on average at least 30% of the programmes included in the service are European works.
(2) A person providing an on-demand programme service must ensure the prominence of European works in the service.
(3) Subsections (1) and (2) do not apply to a person providing an on-demand programme service in relation to any period throughout which—
(a) the service has a low turnover or a low audience, or
(b) it is impracticable or unjustified for those subsections to apply because of the nature or theme of the service.
(4) An exemption under subsection (3)(b) is at the discretion of the appropriate regulatory authority.
(5) Where a person does not provide an on-demand programme service for a whole year, compliance with subsection (1) is to be assessed in relation to the period in that year during which the person does provide the service.
(6) In assessing a provider’s compliance with subsection (1), any period for which an exemption under subsection (3)(a) or (b) applies to the provider is to be discounted.
(7) In this section—
“European works” has the same meaning as in the Audiovisual Media Services Directive as it has effect in EU law as amended from time to time (see Article 1(1)(n), (2) and (3) of that Directive) and includes works deemed to be European works by Article 1(4) of that Directive;
“programmes” does not include advertisements, news programmes, sports events, games, teletext services or teleshopping.
(8) This section is to be interpreted in accordance with the Communication from the European Commission (2020/C223/03) “Guidelines pursuant to Article 13(7) of the Audiovisual Media Services Directive on the calculation of the share of European works in on-demand catalogues and on the definition of low audience and low turnover” published in Volume 63 of the Official Journal of the European Union on 7 July 2020 as amended from time to time.
(1) The provider of an on-demand programme service must ensure that the service complies with the requirements of sections 368E(1) and (2) and 368F to 368H.
(2) The provider of an on-demand programme service (“P”) must supply the following information to users of the service—
(a) P’s name;
(b) P’s address;
(c) P’s electronic address;
(ca) a statement that P is subject to regulation by the appropriate regulatory authority as a result of section 368A(1)(e) and (f);
(d) the name, address and electronic address of any body which is the appropriate regulatory authority for any purpose in relation to P or the on-demand programme service that P provides.
(3) The provider of an on-demand programme service must—
(zza) provide the appropriate regulatory authority with a copy of any accessibility action plan drawn up by the provider as mentioned in section 368C(2);
(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 60 days after the day on which the programme ceases to be available for viewing;
(a) comply with any requirement under section 368O (provision of information);
(b) co-operate fully with the appropriate authority for any purpose within section 368O(2) or (6).
(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.
(4) In this section “electronic address” means an electronic address to which users may send electronic communications, and includes any number or address used for the purposes of receiving such communications.
(1) An on-demand programme service must not contain any material likely to incite violence or hatred against a group of persons or a member of a group of persons based on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union of 7 December 2000, as adopted at Strasbourg on 12 December 2007.
(2) An on-demand programme service must not contain any prohibited material.
(3) “Prohibited material” means—
(zza) material the inclusion of which in an on-demand programme service would be an offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism),
(za) material the inclusion of which in an on-demand programme service is conduct of a kind that, immediately before IP completion day, would have been required by any of the following to be punishable as a criminal offence—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) Article 5(4) of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, or
(iii) Article 1 of Council Framework Decision (2008/913/JHA) of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,
(a) a video work which the video works authority has determined for the purposes of the 1984 Act not to be suitable for a classification certificate to be issued in respect of it, or
(b) material whose nature is such that it is reasonable to expect that, if the material were contained in a video work submitted to the video works authority for a classification certificate, the video works authority would determine for those purposes that the video work was not suitable for a classification certificate to be issued in respect of it.
(4) A person providing an on-demand programme service must take appropriate measures to ensure that any specially restricted material is made available by the service in a manner which secures that persons under the age of 18 will not normally see or hear it.
(4A) The measures are to be proportionate to the potential of the material to harm the physical, mental or moral development of such persons.
(5) “Specially restricted material” means—
(a) a video work in respect of which the video works authority has issued a R18 classification certificate,
(b) material whose nature is such that it is reasonable to expect that, if the material were contained in a video work submitted to the video works authority for a classification certificate, the video works authority would issue a R18 classification certificate, or
(c) other material that might ... impair the physical, mental or moral development of persons under the age of 18.
(6) In determining whether any material falls within subsection (3)(b) or (5)(b), regard must be had to any guidelines issued by the video works authority as to its policy in relation to the issue of classification certificates.
(7) In this section—
“the 1984 Act” means the Video Recordings Act 1984;
“classification certificate” has the same meaning as in the 1984 Act (see section 7 of that Act);
“R18 classification certificate” means a classification certificate containing the statement mentioned in section 7(2)(c) of the 1984 Act that no video recording containing the video work is to be supplied other than in a licensed sex shop;
“the video works authority” means the person or persons designated under section 4(1) of the 1984 Act as the authority responsible for making arrangements in respect of video works other than video games;
“video work” has the same meaning as in the 1984 Act (see section 1(2) of that Act).
(1) Advertising of the following products is prohibited in on-demand programme services—
(a) cigarettes or other tobacco products;
(aa) electronic cigarettes or electronic cigarette refill containers;
(b) any prescription-only medicine.
(2) Advertising of alcoholic drinks is only permitted in on-demand programme services if—
(a) it is not aimed specifically at persons under the age of eighteen, nor does it, in particular, depict such persons consuming alcoholic drinks;
(b) it does not link the consumption of alcohol to enhanced physical performance or to driving;
(c) it does not create the impression that the consumption of alcohol contributes towards social or sexual success;
(d) it does not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
(e) it does not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; and
(f) it does not place emphasis on high alcoholic content as being a positive quality of alcoholic drinks.
(3) Advertising included in an on-demand programme service—
(a) must be readily recognisable as such, and
(b) must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.
(4) Advertising included in an on-demand programme service must not—
(a) prejudice respect for human dignity;
(b) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(c) encourage behaviour prejudicial to health or safety;
(d) encourage behaviour grossly prejudicial to the protection of the environment;
(e) cause physical , mental or moral detriment to persons under the age of eighteen;
(f) directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
(g) directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
(h) exploit the trust of such persons in parents, teachers or others; or
(i) unreasonably show such persons in dangerous situations.
(1) From the beginning of 5 January 2026, on-demand programme services must not, between 5.30 am and 9.00 pm, include advertisements for an identifiable less healthy food or drink product.
(2) The prohibition imposed by subsection (1) does not apply in relation to advertisements included in on-demand programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME.
(3) The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1).
(4) For the purposes of this section—
(a) “advertisements” includes advertisements and sponsorship announcements (within the meaning given by section 368G(17)) under a sponsorship agreement;
(b) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product;
(c) a food or drink product is “less healthy” if—
(i) it falls within a description specified in regulations made by the Secretary of State, and
(ii) it is “less healthy” in accordance with the relevant guidance;
(d) “the relevant guidance” means the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011;
(e) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations.
(5) Regulations under subsection (4)(e) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person).
(6) The Secretary of State may, before the date specified in subsection (1), amend that subsection so as to substitute a later date for the date that is for the time being specified there.
(7) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”.
(8) Before making regulations under subsection (3) or (7), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) An on-demand programme service or a programme included in an on-demand programme service must not be sponsored—
(a) for the purpose of promoting cigarettes or other tobacco products, or
(b) by an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products.
(1A) An on-demand programme service or a programme included in an on-demand programme service must not be sponsored—
(a) for the purpose of promoting electronic cigarettes or electronic cigarette refill containers, or
(b) by an undertaking whose principal activity is the manufacture or sale of electronic cigarettes or electronic cigarette refill containers.
(2) An on-demand programme service or a programme included in an on-demand programme service must not be sponsored for the purpose of promoting a prescription-only medicine.
(3) An on-demand programme service may not include a news programme or current affairs programme that is sponsored.
(4) Subsections (5) to (11) apply to an on-demand programme service that is sponsored or that includes any programme that is sponsored.
(5) The sponsoring of a service or programme must not influence the content of that service or programme in a way that affects the editorial independence of the provider of the service.
(6) Where a service or programme is sponsored for the purpose of promoting goods or services, the sponsored service or programme and sponsorship announcements relating to it must not directly encourage the purchase or rental of the goods or services, whether by making promotional reference to them or otherwise.
(7) Where a service or programme is sponsored for the purpose of promoting an alcoholic drink, the service or programme and sponsorship announcements relating to it must not—
(a) be aimed specifically at persons under the age of eighteen; or
(b) encourage the immoderate consumption of such drinks.
(8) A sponsored service must clearly inform users of the existence of a sponsorship agreement.
(9) The name of the sponsor and the logo or other symbol (if any) of the sponsor must be displayed at the beginning or end of a sponsored programme.
(10) Techniques which exploit the possibility of conveying a message subliminally or surreptitiously must not be used in a sponsorship announcement.
(11) A sponsorship announcement must not—
(a) prejudice respect for human dignity;
(b) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(c) encourage behaviour prejudicial to health or safety;
(d) encourage behaviour grossly prejudicial to the protection of the environment;
(e) cause physical , mental or moral detriment to persons under the age of eighteen;
(ea) directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
(f) directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
(g) exploit the trust of such persons in parents, teachers or others; or
(h) unreasonably show such persons in dangerous situations.
(12) For the purposes of this Part a programme included in an on-demand programme service is “sponsored” if a person (“the sponsor”) other than—
(a) the provider of that service, or
(b) the producer of that programme,
has met some or all of the costs of the programme for the purpose of promoting the name, trademark, image, activities, services or products of the sponsor or of another person.
(13) But a programme is not sponsored if it falls within this section only by virtue of the inclusion of product placement (see section 368H(1)) or prop placement (see section 368H(2)).
(14) For the purposes of subsection (12) a person meets some or all of the costs of a programme included in a service only if that person makes a payment or provides other resources for the purpose of meeting or saving some or all of the costs of—
(a) producing that programme;
(b) transmitting that programme; or
(c) making that programme available as part of the service.
(15) For the purposes of this Part an on-demand programme service is “sponsored” if a person (“the sponsor”) other than the provider of the service has met some or all of the costs of providing the service for the purpose of promoting the name, trademark, image, activities, services or products of the sponsor or another person.
(16) For the purposes of subsection (15) a person is not to be taken to have met some or all of the costs of providing a service only because a programme included in the service is sponsored by that person.
(17) In this section a “sponsorship announcement” means—
(a) anything included for the purpose of complying with subsection (8) or (9), and
(b) anything included at the same time as or otherwise in conjunction with anything within paragraph (a).
368H Prohibition of product placement and exceptions
(1) “Product placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark, where the inclusion—
(a) is for a commercial purpose,
(b) is in return for the making of any payment, or the giving of other valuable consideration, to any relevant provider or any connected person, and
(c) is not prop placement.
(2) “Prop placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark where—
(a) the provision of the product, service or trade mark has no significant value; and
(b) no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trademark, or a reference to it, in the programme.
(3) Product placement is prohibited in any of the following included in on-demand programme services—
(a) children’s programmes;
(b) news and current affairs programmes;
(c) consumer affairs programmes;
(d) religious programmes.
(4) Product placement is prohibited in on-demand programme services if—
(a) it is of cigarettes or other tobacco products,
(b) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products, ...
(ba) it is of electronic cigarettes or electronic cigarette refill containers, ...
(bb) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of electronic cigarettes or electronic cigarette refill containers, or
(c) it is of prescription-only medicines.
(5) Product placement of alcoholic drinks must not —
(a) be aimed specifically at persons under the age of eighteen;
(b) encourage immoderate consumption of such drinks.
(6) Product placement is otherwise permitted in programmes included in on-demand programme services provided that—
(a) conditions B to F are met, and
(b) if subsection (14) applies, condition G is also met.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Condition B is that the product placement has not influenced the content of the programme in a way that affects the editorial independence of the provider of the service.
(9) Condition C is that the product placement does not directly encourage the purchase or rental of goods or services, whether by making promotional reference to those goods or services or otherwise.
(10) Condition D is that the programme does not give undue prominence to the products, services or trade marks concerned.
(11) Condition E is that the product placement does not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.
(12) Condition F is that the way in which the product, service or trade mark, or the reference to it, is included in the programme by way of product placement does not—
(a) prejudice respect for human dignity;
(b) promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(c) encourage behaviour prejudicial to health or safety;
(d) encourage behaviour grossly prejudicial to the protection of the environment;
(e) cause physical , mental or moral detriment to persons under the age of eighteen;
(ea) directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
(f) directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
(g) exploit the trust of such persons in parents, teachers or others; or
(h) unreasonably show such persons in dangerous situations.
(13) Condition G is that the on-demand programme service in question signals appropriately the fact that product placement is contained in a programme, no less frequently than—
(a) at the start and end of such a programme, and
(b) in the case of an on-demand programme service which includes advertising breaks within it, at the recommencement of the programme after each such advertising break.
(14) This subsection applies where the programme featuring the product placement has been produced or commissioned by the provider of the service or any connected person.
(15) Subject to subsections (15A), (15B) and (15C), this section applies only in relation to programmes the production of which begins after 19th December 2009.
(15A) Subsection (4)(ba) applies only in relation to programmes the production of which begins after 19th May 2016.
(15B) Subsection (4)(bb) applies only in relation to programmes the production of which begins after 31 October 2020.
(15C) This section applies in relation to a programme the production of which began before 1 November 2020 as if—
(a) subsection (3)(b) to (d) were omitted, and
(b) subsection (6)(a) included a reference to a condition that the programme in which the product, service or trademark, or the reference to it, is included is—
(i) a film made for cinema,
(ii) a film or series made for a television programme service or for an on-demand programme service,
(iii) a sports programme, or
(iv) a light entertainment programme.
(16) In this section—
“connected” has the same meaning as it has in the Broadcasting Act 1990 by virtue of section 202 of that Act;
“film made for cinema” means a film made with a view to its being shown to the general public first in a cinema;
“producer”, in relation to a programme, means the person by whom the arrangements necessary for the making of the programme are undertaken;
“programme” does not include an advertisement;
“relevant provider”, in relation to a programme, means—
the provider of the on-demand programme service in which the programme is included; and
the producer of the programme;
“residual value” means any monetary or other economic value in the hands of the relevant provider other than the cost saving of including the product, service or trademark, or a reference to it, in a programme;
“significant value” means a residual value that is more than trivial; and
“trade mark”, in relation to a business, includes any image (such as a logo) or sound commonly associated with that business or its products or services.
(1) In this Act, a “Tier 1 service” means—
(a) an on-demand programme service that falls within subsection (2), and
(b) an on-demand programme service, or a non-UK on-demand programme service, that is a Tier 1 service by virtue of regulations under section 368HB.
(2) An on-demand programme service falls within this subsection if it is 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.
(3) In this section, “public service remit”—
(a) in relation to S4C, has the meaning given by section 204A;
(b) in relation to the provider of a Channel 3 service or Channel 5, has the meaning given by section 265(2);
(c) in relation to the provider of Channel 4, has the meaning given by section 265(3).
(1) The Secretary of State may by regulations provide that an on-demand programme service, or a non-UK on-demand programme service, is a Tier 1 service if it is specified, or falls within a description specified, in the regulations.
(2) The Secretary of State may make regulations under subsection (1) only if the Secretary of State is satisfied that it is appropriate for the providers of the services specified, or falling within a description specified, in the regulations to be subject to the duties imposed on providers of Tier 1 services.
(3) Before making regulations under subsection (1) (but after considering any report prepared by OFCOM under subsection (5) or (6)), the Secretary of State must publish on a publicly accessible part of an official website of His Majesty’s Government a list of the services, or descriptions, that the Secretary of State proposes to specify in the regulations.
(4) Regulations are not to be made under subsection (1) unless the period of five sitting days beginning with the first sitting day after the date on which the requirement in subsection (3) is met in relation to the regulations has expired.
(5) Before making the first regulations under subsection (1), the Secretary of State must—
(a) request OFCOM to prepare a report on the operation of the market in the United Kingdom for on-demand programme services and non-UK on-demand programme services, and
(b) have regard to the contents of that report.
(6) Where the Secretary of State is considering whether to make a second or subsequent set of regulations under subsection (1), the Secretary of State—
(a) may request OFCOM to prepare a further report on the operation of the market in the United Kingdom for on-demand programme services and non-UK on-demand programme services, and
(b) where a request is made, the Secretary of State must have regard to the contents of the report in deciding whether to make the regulations.
(7) In preparing a report requested under subsection (5)(a) or (6)(a), OFCOM must deal with any matters specified by the Secretary of State in the request (as well as any other matters that they consider appropriate).
(8) For the purposes of preparing a report requested under subsection (5)(a) or (6)(a), OFCOM may request any person who appears to be the provider of an on-demand programme service or a non-UK on-demand programme service to provide OFCOM with any information relating to that service that is specified in the request.
(9) The power conferred by subsection (8) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.
(10) Information provided in response to a request by OFCOM may be shared by OFCOM with the Secretary of State but may not be further shared (whether by OFCOM or the Secretary of State).
(11) A request under subsection (8) may—
(a) specify a period of time within which the information must be provided;
(b) specify the form and manner in which the information must be provided.
(12) A person who is requested to provide information under subsection (8) must comply with that request.
(13) In this section “sitting day” means a day on which both Houses of Parliament sit.
(1) A person who provides a Tier 1 service must give OFCOM a notification (a “Tier 1 notification”) to that effect.
(2) Subsection (3) applies where—
(a) regulations are made under section 368HB(1), and
(b) a non-UK on-demand programme service is specified or falls within a description specified in the regulations.
(3) OFCOM must, for the purpose of assisting with compliance with subsection (1), inform the provider of that Tier 1 service of that fact.
(4) A person who gives a Tier 1 notification must also notify OFCOM if the person ceases to provide a Tier 1 service.
(5) A Tier 1 notification or a notification under subsection (4) must—
(a) be sent to OFCOM in such manner as they may require, and
(b) include such information as they may require.
(1) OFCOM must establish and maintain an up to date list of persons who have—
(a) given a Tier 1 notification to OFCOM under section 368HC(1), and
(b) not given a further notification under section 368HC(4).
(2) The list must include contact details which may be used by members of the public wishing to contact a Tier 1 service.
(3) OFCOM must publish the list on a publicly accessible part of their website.
368HE Application etc of Chapter 2 to certain Tier 1 services
(1) Subsection (2) applies where a non-UK on-demand programme service is a Tier 1 service by virtue of regulations under section 368HB.
(2) The following provisions of Chapter 2 apply in relation to the Tier 1 service as if any reference in those provisions to an on-demand programme service included a reference to the Tier 1 service—
(a) section 368C, so far as relating to the duties of the appropriate regulatory authority in relation to section 368D;
(b) section 368D (duties of service providers), apart from section 368D(2)(ca);
(c) section 368E (harmful material);
(d) section 368F (advertising);
(e) section 368FA (advertising: less healthy food and drink);
(f) section 368G (sponsorship);
(g) section 368H (prohibition of product placement and exceptions).
(3) A duty or prohibition arising by virtue of subsection (2) applies in relation to the Tier 1 service only on and after the end of the grace period that applies in relation to the Tier 1 service.
(4) In subsection (3), “the grace period”, in relation to a non-UK on-demand programme service that is a Tier 1 service, means the period of 12 months beginning with the day on which the non-UK on-demand programme service became a Tier 1 service.
(5) Where regulations under section 368HB(1) provide that a non-UK on-demand programme service specified in the regulations is a Tier 1 service, the regulations may also provide—
(a) that subsections (1) and (2) do not apply in relation to the service, or
(b) that those subsections apply in relation to the service as if the reference in subsection (4) to 12 months were a reference to such lesser period as may be specified in the regulations.
(6) Section 368D(3)(zb) applies in relation to an on-demand programme service that is a Tier 1 service by virtue of section 368HA(1)(a) with the modification that the reference in section 368D(3)(zb) to 60 days is to be read as a reference to 90 days.
(1) OFCOM must prepare and publish a code containing standards set by them for the content of programmes to be included in Tier 1 services.
(2) The standards must be such as appear to OFCOM to be best calculated to secure the following objectives (“the standards objectives”)—
(a) that persons under the age of 18 are protected;
(b) that material likely to encourage or incite the commission of crime or to lead to disorder is not included in Tier 1 services;
(c) that news included in those services is presented with due impartiality;
(d) that news included in those services is reported with due accuracy;
(e) that the impartiality requirements described in section 368HG are met;
(f) that generally accepted standards are applied to the contents of those services so as to provide adequate protection for members of the public from the inclusion of offensive and harmful material;
(g) that the proper degree of responsibility is exercised with respect to the content of religious programmes included in those services.
(3) The standards included in the code to secure the objective described in subsection (2)(g) must, in particular, contain provision designed to secure that religious programmes do not involve—
(a) any improper exploitation of susceptibilities of the audience for such a programme, or
(b) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
(4) OFCOM may fulfil their duty to publish the code in such ways as OFCOM consider likely to bring the code to the attention of persons who are likely to be affected by it.
(5) OFCOM—
(a) must keep the code under review,
(b) may from time to time revise the code, and
(c) where they do so, must publish the code as revised.
(6) References in this Part to a code under this section are to be read, in relation to times after a revised code is published, as references to the code as revised.
(7) In this section—
“news” means news in whatever form it is included in a service;
“programme” does not include an advertisement.
368HG Tier 1 standards code: special impartiality requirements
(1) The impartiality requirements referred to in section 368HF(2)(e) are—
(a) the exclusion from programmes included in any Tier 1 services of all expressions of the views or opinions of the person providing that service on—
(i) matters of political or industrial controversy, or
(ii) matters relating to current public policy;
(b) the preservation of due impartiality on the part of the person providing the service as respects those matters.
(2) Subsection (1)(a) does not require the exclusion of expressions of views or opinions relating to the provision of on-demand programme services or non-UK on-demand programme services.
(3) A code under section 368HF must make provision about the application of the requirement in subsection (1)(b), including provision about the ways in which the requirement may be met.
368HH Tier 1 standards code: matters to be taken into account
(1) In preparing or revising a code under section 368HF, OFCOM must, in particular and to such extent as appears to them to be relevant to securing the standards objectives, have regard to each of the matters set out in subsection (2).
(2) Those matters are—
(a) the likely expectation of potential audiences as to the nature of the content of programmes included in particular Tier 1 services;
(b) the degree of harm or offence likely to be caused by the inclusion of any particular sort of content, whether in programmes generally or in particular kinds of programmes;
(c) the age of the content of particular programmes or particular kinds of programmes included in Tier 1 services;
(d) the extent to which, and the ways in which, information about the nature of the content of particular kinds of programmes or of particular programmes can be given in a way that enables individuals to make choices about whether they (or others for whom they have responsibility) view or continue to view that content;
(e) the likely effect of consideration being required in order to view a particular Tier 1 service or particular programmes included in a Tier 1 service;
(f) the length of time for which particular programmes are included in Tier 1 services;
(g) the desirability of maintaining the independence of editorial control over programme content.
(3) In preparing or revising a code under section 368HF, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.
(4) The Secretary of State may by regulations amend the list of matters in subsection (2).
(5) Before making regulations under subsection (4), the Secretary of State must consult OFCOM.
(6) A statutory instrument containing regulations under subsection (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) Before publishing a code under section 368HF, OFCOM must consult—
(a) persons appearing to OFCOM to represent the interests of potential audiences of Tier 1 services;
(b) such persons providing on-demand programme services or non-UK on-demand programme services as OFCOM think fit; and
(c) such other persons as appear to OFCOM to have an interest in the content of the code.
(2) For the purposes of the consultation, OFCOM must publish a draft of the code.
(3) After considering any views expressed by those persons, OFCOM may—
(a) publish the code in the terms of the draft published for the purposes of the consultation, or
(b) modify the draft and publish the code in the terms of the draft as modified.
(4) Subsections (1) to (3) apply to a revision of a code under section 368HF as they apply to a code.
368HJ Duties of Tier 1 providers to comply with Tier 1 standards code
(1) A person who provides a Tier 1 service must observe the code for the time being published under section 368HF.
(2) The duty under subsection (1) applies only on and after the end of the grace period that applies in relation to the service.
(3) In subsection (2), “the grace period”, in relation to a Tier 1 service, means the period of 12 months beginning with whichever is the later of the following—
(a) the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service;
(b) the day when the first code under section 368HF was published.
(4) Where regulations under section 368HB(1) provide that an on-demand programme service, or a non-UK on-demand programme service, specified in the regulations is a Tier 1 service, the regulations may also provide—
(a) that subsections (2) and (3) do not apply in relation to the service, or
(b) that those subsections apply in relation to the service as if the reference in subsection (3) to 12 months were a reference to such lesser period as may be specified in the regulations.
368HK Complaints relating to Tier 1 standards code
(1) OFCOM must establish and maintain procedures for the handling and resolution of complaints that a person who provides a Tier 1 service is failing, or has failed, to comply with section 368HJ(1).
(2) A person who provides a Tier 1 service must establish and maintain procedures for the handling and resolution of complaints that the person is failing, or has failed, to comply with section 368HJ(1).
(1) OFCOM must prepare and publish a code imposing requirements on providers of Tier 1 services for the purpose of ensuring that such services are accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.
(2) The code must include provision requiring providers of Tier 1 services to report annually to OFCOM about—
(a) the accessibility of their services to people with disabilities;
(b) the steps taken to secure the quality and usability of the means by which their services are made accessible to people with disabilities.
(3) The code must include provision requiring every provider of a Tier 1 service to ensure that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.
(4) The code must include provision requiring the provider of a Tier 1 service, from the second anniversary of the relevant date, to secure that, in the 12 month period beginning with that second anniversary and in the succeeding 12 month period—
(a) at least 40 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;
(b) at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and
(c) at least 2.5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.
(5) The code must include provision requiring the provider of a Tier 1 service, from the fourth anniversary of the relevant date, to secure that, in the 12 month period beginning with the fourth anniversary and in each succeeding 12 month period—
(a) at least 80 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;
(b) at least 10 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and
(c) at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.
(6) A reference in any paragraph of subsections (4) and (5) to the total catalogue hours of a Tier 1 service for a period of time is a reference to the combined duration of the programmes available from the service within that period, other than those programmes excluded under subsection (7) in relation to the requirement in that paragraph.
(7) The code must set out, in relation to each of the paragraphs of subsections (4) and (5), the descriptions of programmes that are excluded for the purposes of the requirement in that paragraph.
This subsection does not restrict the provision which may be made under subsection (8).
(8) The code may include provision under which Tier 1 services specified in the code are wholly or partly exempted from some or all of the requirements set out in subsections (4) and (5).
(9) Provision in the code partly exempting a Tier 1 service may, in particular, provide for the exemption to apply in relation to particular methods, or particular descriptions of method, by which that service is available to members of the public.
(10) Before including in the code such provision as is described in subsection (7) or (8) in relation to a Tier 1 service, OFCOM must have regard, in particular, to—
(a) the extent of the benefit which would be conferred if the provider of the service were to comply with the requirements set out in subsections (4) and (5);
(b) the size of the audience for the service;
(c) the number of persons who would be likely to benefit from compliance with those requirements and the extent of the likely benefit for each of those persons;
(d) the extent to which persons accessing the service are resident in places outside the United Kingdom;
(e) the technical difficulty of compliance with those requirements; and
(f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), of compliance with those requirements.
(11) The requirements that may be imposed by the code include, in particular—
(a) requirements as to lesser levels of assistance that apply before the date on which the requirements set out in subsection (4) or (5) fall to be complied with;
(b) requirements as to the provision of assistance for disabled people, or a description of disabled people, in the case of a Tier 1 service that is exempted or partly exempted.
(12) The code must also give guidance as to—
(a) the extent to which Tier 1 services should promote the understanding and enjoyment by people with disabilities (in particular, people with disabilities affecting their sight or hearing, or both) of the programmes to be included in Tier 1 services; and
(b) the means by which such understanding and enjoyment should be promoted.
(13) OFCOM—
(a) must keep the code under review,
(b) may from time to time revise the code, and
(c) where they do so, must publish the code as revised.
(14) OFCOM must publish the code, and every revision of it, in such manner as they consider appropriate, having regard to the need to make the code or revision accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.
(15) References in this Part to a code under this section are to be read, in relation to times after a revised code is published, as references to the code as revised.
(16) In this section, “programme” does not include an advertisement.
(1) The relevant date, in relation to a Tier 1 service, is the later of—
(a) the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service, and
(b) the day on which the first code under section 368HL was published.
(2) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 368HL and this section as a continuation of a service previously provided by that person.
368HN Power to modify requirements in section 368HL
(1) Where it appears to the Secretary of State, in the case of Tier 1 services of a particular description, that the requirement specified in any paragraph of section 368HL(4) has been or is likely to be fulfilled in their case before the anniversary specified in section 368HL(4), the Secretary of State may by regulations modify section 368HL so as to do one or both of the following—
(a) increase the percentage so specified in relation to services of that description;
(b) substitute the first anniversary for the anniversary specified in section 368HL(4) in the case of services of that description.
(2) The Secretary of State may by regulations modify section 368HL so as to do one or both of the following—
(a) substitute a later anniversary for the anniversary specified in section 368HL(5);
(b) substitute a higher percentage for the percentage for the time being specified in any paragraph of section 368HL(5).
(3) The provision that may be made by regulations under this section includes—
(a) modifications for requiring the code to set out additional requirements to be fulfilled once the requirements previously required to be set out in the code have been fulfilled; and
(b) savings for the requirements previously set out in the code.
(4) Before making regulations under this section the Secretary of State must consult OFCOM.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) Before publishing a code or a revised code under section 368HL, OFCOM must consult—
(a) such persons appearing to OFCOM to represent the interests of people with disabilities as OFCOM think fit;
(b) such persons providing on-demand programme services or non-UK on-demand programme services as OFCOM think fit; and
(c) such other persons as appear to OFCOM to have an interest in the content of the code.
(2) For the purposes of the consultation, OFCOM must publish a draft of the code.