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41. In section 368O(2) (power to demand information)(1)—
(a)in paragraph (a)—
(i)for “or section 368D” substitute “, 368CB or 368D”,
(ii)for “368CA” substitute “368BC”, and
(iii)in sub-paragraph (ii), for “a contravention of either of those sections” substitute “such a contravention”;
(b)after paragraph (a) insert—
“(aa)the purposes of an investigation which the appropriate regulatory authority are carrying out in order to determine whether a person who appears to them to be or to have been a provider of an on-demand programme service has failed to take an appropriate measure in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, where—
(i)the investigation relates to a matter about which they have received a complaint, or
(ii)they otherwise have reason to suspect that there has been such a failure;”.
Section 368O was inserted by S.I. 2009/2979; subsection (2) was amended by S.I. 2010/419 and section 93 of the Digital Economy Act 2017.
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