OpenLegislation

Paragraph 3 I1I2

United Kingdom

(1)

Section 368I (enforcement of sections 368CB and 368D) is amended as follows.

(2)

For the heading substitute “Enforcement of service providers’ principal duties”.

(3)

In subsection (1), in the words before paragraph (a), after “section 368D” insert “, or that a provider of a non-UK on-demand programme service that is a Tier 1 service is contravening or has contravened section 368D,”.

(4)

After subsection (1) insert—

“(1A)

Where OFCOM (as the appropriate regulatory authority) determine that a provider of a Tier 1 service is contravening or has contravened section 368HC, 368HJ(1), 368HK(2) or 368HP, they may do one or both of the following—

(a)

give the provider an enforcement notice under this section;

(b)

impose a financial penalty on the provider in accordance with section 368J.”

(5)

In subsection (2)—

(a)

after “subsection (1)” insert “or (1A)”;

(b)

after “section 368D” insert “or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP”.

(6)

In subsection (3)—

(a)

after “subsection (1)” insert “or (1A)”;

(b)

after “section 368D” insert “or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP”.

(7)

In subsection (10)—

(a)

after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”;

(b)

after “subsection (1)” insert “, (1A)”.

Annotations

Commencement

I1

Sch. 6 para. 3 not in force at Royal Assent, see s. 55(3)(d)

I2

Sch. 6 para. 3 in force at 23.8.2024 by S.I. 2024/858, reg. 2(1)(z)