5(1)Section 368K (suspension or restriction of service for contraventions or failures) is amended as follows.
(2)In subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
(3)After subsection (1) insert—
“(1A)OFCOM (as the appropriate regulatory authority) must serve a notice under subsection (2) on a provider of a Tier 1 service if they are satisfied—
(a)that the provider is in contravention of section 368HC, 368HJ(1), 368HK(2) or 368HP,
(b)that the imposition of one or more financial penalties or enforcement notifications under section 368I has not resulted in the remedying of the contravention, and
(c)that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention.”
(4)In subsection (2)—
(a)in paragraph (a), after “subsection (1)” insert “or (1A)”;
(b)in paragraph (b), after “subsection (1)” insert “or (1A)”;
(c)in paragraph (c), after “subsection (1)(a)” insert “or (1A)(a)”.
(5)In subsection (3)—
(a)in the words before paragraph (a), after “subsection (1)(c)” insert “or (1A)(c)”;
(b)in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.