F3PART 4AON-DEMAND PROGRAMME SERVICES
Application and interpretation of Part 4A
368RInterpretation of Part 4A
1
In this Part—
“appropriate regulatory authority” is to be construed in accordance with 368B;
F4“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;
- a
F2“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);
- a
“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;
- a
F1“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.
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2