# The On-demand Programme Services (Tier 1 Services) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations specify a description of on-demand programme services, or non-UK on-demand programme services, as Tier 1 services for the purposes of Chapter 3 of Part 4A of the Communications Act 2003 (c. 21) (on-demand programme services: regulation of Tier 1 services).
Regulation 2 provides that such a service is a Tier 1 service if it has more than 500,000 users in the UK but not including an on-demand programme service provided by the BBC. Regulation 3 defines a user of a service and provides that a person is not a user if the person accesses the on-demand programme service or non-UK on-demand programme service by means of user-to-user service (for example, a channel on a video-sharing platform). However, this exception does not apply to a person who uses an on-demand programme service provided by a public service broadcaster, other than the BBC (ITV, STV, Channel 4, S4C or Channel 5).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £10 million per year. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.

---
Source: https://www.legislation.gov.uk/uksi/2026/235/note (the official version)
Page: https://openlegislation.uk/on-demand-programme-services-tier-1-services-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.