Section 362AQ Effects of the code of practiceF1

(1)

The provider of a regulated television selection service is to be treated as complying with the duty in section 362AO (1) or (4) if the provider takes the actions described in the code of practice which are recommended for the purpose of complying with the duty.

(2)

A failure by the provider of a regulated television selection service to act in accordance with a provision of the code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

(3)

In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of the code of practice in determining any question arising in the proceedings if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the court or tribunal to be relevant to the question.

(4)

OFCOM must take into account a provision of the code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to OFCOM to be relevant to the question.

(5)

In this section, “relevant function” means a function conferred on OFCOM by any of the following provisions—

(a)

sections 362AT to 362AY (references of disputes to OFCOM), and

(b)

sections 362AZ to 362AZ5 (enforcement).

Annotations

Textual amendments

F1: Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))