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Section 368HE Application etc of Chapter 2 to certain Tier 1 servicesF1F2

(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.

Annotations

Textual amendments

F1

Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2

F2

Pt. 4A Ch. 3 inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 5; S.I. 2024/858, reg. 2(1)(y)