F3PART 4AON-DEMAND PROGRAMME SERVICES

Annotations:
Amendments (Textual)

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—

    1. a

      for a television programme service or for an on-demand programme service, and

    2. b

      for viewing primarily by persons under the age of sixteen;

  • F2“electronic cigarette” means a product that—

    1. 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

    2. 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);

  • “electronic cigarette refill container” means a receptacle that—

    1. a

      contains a nicotine-containing liquid, which can be used to refill an electronic cigarette, and

    2. 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;

  • 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.