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Changes over time for: Section 368R


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 23/08/2024
Status:
Point in time view as at 03/11/2017. This version of this provision has been superseded.

Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Communications Act 2003, Section 368R is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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[368RInterpretation of Part 4AU.K.
This
adran has no associated
Nodiadau Esboniadol
(1)In this Part—
“appropriate regulatory authority” is to be construed in accordance with 368B;
[“children’s programme” means a programme made—
(a)
for a television programme service or for an on-demand programme service, and
(b)
for viewing primarily by persons under the age of sixteen;]
[“electronic cigarette” means a product that—
(a)
can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges), and
(b)
is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916) or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002 (S.I. 2002/618);
“electronic cigarette refill container” means a receptacle that—
(a)
contains a nicotine-containing liquid, which can be used to refill an electronic cigarette, and
(b)
is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002;]
[“prescription-only medicine” means a prescription only medicine within the meaning of regulation 5(3) of the Human Medicines Regulations 2012;]
“product placement” has the meaning given by section 368H(1);
“sponsorship” is to be construed in accordance with section 368G;
“tobacco product” has the meaning given in section 1 of the Tobacco Advertising and Promotion Act 2002.
(2)For the purposes of this Part, a programme is included in an on-demand programme service if it is included in the range of programmes the service offers to users.
(3)For the purposes of this Part, advertising is included in an on-demand programme service if it can be viewed by a user of the service as a result of the user selecting a programme to view.
(4)The services that are to be taken for the purposes of this Part to be available for use by members of the public include any service which—
(a)is made available for use only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision; but
(b)is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.
(5)The person, and the only person, who is to be treated for the purposes of this Part as providing an on-demand programme service is the person who has editorial responsibility for the service (see section 368A(4)).
(6)For the purposes of this Part—
(a)the provision of a service by the BBC does not include its provision by a BBC company;
(b)the provision of a service by the Welsh Authority does not include its provision by an S4C company;
and, accordingly, control that is or is capable of being exercised by the BBC or the Welsh Authority over decisions by a BBC company or an S4C company about what is to be comprised in a service is to be disregarded for the purposes of determining who has editorial responsibility for the service.]
Yn ôl i’r brig