Communications Act 2003

[F1 [F2 Accessibility code for Tier 1 services U.K.

Textual Amendments

F1 Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2

F2 Pt. 4A Ch. 3 inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 5; S.I. 2024/858, reg. 2(1)(y)

368HL Accessibility code for Tier 1 services U.K.

(1) OFCOM must prepare and publish a code imposing requirements on providers of Tier 1 services for the purpose of ensuring that such services are accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.

(2) The code must include provision requiring providers of Tier 1 services to report annually to OFCOM about—

(a) the accessibility of their services to people with disabilities;

(b) the steps taken to secure the quality and usability of the means by which their services are made accessible to people with disabilities.

(3) The code must include provision requiring every provider of a Tier 1 service to ensure that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.

(4) The code must include provision requiring the provider of a Tier 1 service, from the second anniversary of the relevant date, to secure that, in the 12 month period beginning with that second anniversary and in the succeeding 12 month period—

(a) at least 40 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;

(b) at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and

(c) at least 2.5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.

(5) The code must include provision requiring the provider of a Tier 1 service, from the fourth anniversary of the relevant date, to secure that, in the 12 month period beginning with the fourth anniversary and in each succeeding 12 month period—

(a) at least 80 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by subtitling;

(b) at least 10 per cent of the total catalogue hours of that service for that period consists of programmes that are accompanied by audio-description for the blind; and

(c) at least 5 per cent of the total catalogue hours of that service for that period consists of programmes that are presented in, or translated into, sign language.

(6) A reference in any paragraph of subsections (4) and (5) to the total catalogue hours of a Tier 1 service for a period of time is a reference to the combined duration of the programmes available from the service within that period, other than those programmes excluded under subsection (7) in relation to the requirement in that paragraph.

(7) The code must set out, in relation to each of the paragraphs of subsections (4) and (5), the descriptions of programmes that are excluded for the purposes of the requirement in that paragraph.

This subsection does not restrict the provision which may be made under subsection (8).

(8) The code may include provision under which Tier 1 services specified in the code are wholly or partly exempted from some or all of the requirements set out in subsections (4) and (5).

(9) Provision in the code partly exempting a Tier 1 service may, in particular, provide for the exemption to apply in relation to particular methods, or particular descriptions of method, by which that service is available to members of the public.

(10) Before including in the code such provision as is described in subsection (7) or (8) in relation to a Tier 1 service, OFCOM must have regard, in particular, to—

(a) the extent of the benefit which would be conferred if the provider of the service were to comply with the requirements set out in subsections (4) and (5);

(b) the size of the audience for the service;

(c) the number of persons who would be likely to benefit from compliance with those requirements and the extent of the likely benefit for each of those persons;

(d) the extent to which persons accessing the service are resident in places outside the United Kingdom;

(e) the technical difficulty of compliance with those requirements; and

(f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), of compliance with those requirements.

(11) The requirements that may be imposed by the code include, in particular—

(a) requirements as to lesser levels of assistance that apply before the date on which the requirements set out in subsection (4) or (5) fall to be complied with;

(b) requirements as to the provision of assistance for disabled people, or a description of disabled people, in the case of a Tier 1 service that is exempted or partly exempted.

(12) The code must also give guidance as to—

(a) the extent to which Tier 1 services should promote the understanding and enjoyment by people with disabilities (in particular, people with disabilities affecting their sight or hearing, or both) of the programmes to be included in Tier 1 services; and

(b) the means by which such understanding and enjoyment should be promoted.

(13) OFCOM—

(a) must keep the code under review,

(b) may from time to time revise the code, and

(c) where they do so, must publish the code as revised.

(14) OFCOM must publish the code, and every revision of it, in such manner as they consider appropriate, having regard to the need to make the code or revision accessible to people with disabilities, including, in particular, people with disabilities affecting their sight or hearing, or both.

(15) References in this Part to a code under this section are to be read, in relation to times after a revised code is published, as references to the code as revised.

(16) In this section, “programme” does not include an advertisement.

368HM Meaning of “relevant date” U.K.

(1) The relevant date, in relation to a Tier 1 service, is the later of—

(a) the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service, and

(b) the day on which the first code under section 368HL was published.

(2) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 368HL and this section as a continuation of a service previously provided by that person.

368HN Power to modify requirements in section 368HL U.K.

(1) Where it appears to the Secretary of State, in the case of Tier 1 services of a particular description, that the requirement specified in any paragraph of section 368HL(4) has been or is likely to be fulfilled in their case before the anniversary specified in section 368HL(4), the Secretary of State may by regulations modify section 368HL so as to do one or both of the following—

(a) increase the percentage so specified in relation to services of that description;

(b) substitute the first anniversary for the anniversary specified in section 368HL(4) in the case of services of that description.

(2) The Secretary of State may by regulations modify section 368HL so as to do one or both of the following—

(a) substitute a later anniversary for the anniversary specified in section 368HL(5);

(b) substitute a higher percentage for the percentage for the time being specified in any paragraph of section 368HL(5).

(3) The provision that may be made by regulations under this section includes—

(a) modifications for requiring the code to set out additional requirements to be fulfilled once the requirements previously required to be set out in the code have been fulfilled; and

(b) savings for the requirements previously set out in the code.

(4) Before making regulations under this section the Secretary of State must consult OFCOM.

(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

368HO Tier 1 accessibility code: procedural requirements U.K.

(1) Before publishing a code or a revised code under section 368HL, OFCOM must consult—

(a) such persons appearing to OFCOM to represent the interests of people with disabilities as OFCOM think fit;

(b) such persons providing on-demand programme services or non-UK on-demand programme services as OFCOM think fit; and

(c) such other persons as appear to OFCOM to have an interest in the content of the code.

(2) For the purposes of the consultation, OFCOM must publish a draft of the code.

368HP Duty to comply with Tier 1 accessibility code U.K.

A provider of a Tier 1 service must comply with such of the requirements of the code under section 368HL as apply to that provider.]]