Communications Act 2003

[F1 368M Supplementary provision about directions U.K.

(1) This section applies to a direction given to a provider under section 368K or 368L.

(2) A direction must specify the service to which it relates or specify that it relates to any on-demand programme service [F2 , or to any non-UK on-demand programme service that is a Tier 1 service,] provided or to be provided by the provider.

[F3 (2A) A direction has effect in relation to a non-UK on-demand programme service that is a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.]

(3) A direction, except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the provider.

(4) A direction under section 368L must specify a time for it to take effect, and that time must not fall before the end of twenty-eight days beginning with the day on which the direction is notified to the provider.

(5) A direction—

(a) may provide for the effect of a suspension or restriction to be postponed by specifying that it takes effect only at a time determined by or in accordance with the terms of the direction; and

(b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the provider as appear to the appropriate regulatory authority to be appropriate for the purpose of protecting that provider’s customers.

(6) If the appropriate regulatory authority consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may revoke a direction or modify its conditions—

(a) with effect from such time as they may direct;

(b) subject to compliance with such requirements as they may specify; and

(c) to such extent and in relation to such services as they may determine.]

Textual Amendments

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

F2 Words in s. 368M(2) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 7(2); S.I. 2024/858, reg. 2(1)(z)

F3 S. 368M(2A) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 7(3); S.I. 2024/858, reg. 2(1)(z)