Media Act 2024

Section 40

Schedule 8 Other amendments of Part 4A of the 2003 Act

1 Part 4A of the Communications Act 2003 is amended as follows.

2 In section 368BZA (list of providers), in subsection (1), for “providing an on-demand programme service” substitute “who have—

(a) given a notification to OFCOM under section 368BA(1) of their intention to provide an on-demand programme service, and

(b) not given a further notification under section 368BA(2)(b) of their intention to cease to provide it”.

3 In section 368BB (enforcement of section 368BA), after subsection (6) insert—

“(7) Subsection (6) applies whether or not the provider is in the United Kingdom.”

4 Omit the cross-heading preceding section 368BC.

5 (1) Omit sections 368BC and 368BD (accessibility for people with disabilities).

(2) In consequence of the amendment made by sub-paragraph (1), in section 402 (power of Secretary of State to make orders and regulations), in subsection (2)(a), omit “or regulations under section 368BC”.

6 Omit section 368CA (code on accessibility for people with disabilities).

7 In section 368D (duties of service providers), in subsection (3)(zb), for “forty- two days” substitute “60 days”.

8 In section 368I (enforcement of sections 368CB and 368D), after subsection (8) insert—

“(8A) Subsection (8) applies whether or not the provider is in the United Kingdom.”

9 In section 368IA (enforcement of section 368E(4)), after subsection (8) insert—

“(8A) Subsection (8) applies whether or not the person is in the United Kingdom.”

10 In section 368J (financial penalties), in subsection (1), omit “, 368BD”.

11 In section 368K (suspension or restriction of service for contraventions or failures), in subsection (1)—

(a) in paragraph (a), omit “, or of regulations under section 368BC”;

(b) in paragraph (b), omit “, 368BD”.

12 (1) Before section 368R insert—

“368QA Service of notices by OFCOM

Section 362AZ10 (notices) applies in relation to a notice that may or must be given by OFCOM under any provision of this Part as it applies in relation to a notice that may or must be given by them under any provision of Part 3A.”

(2) In consequence of the amendment made by sub-paragraph (1), in section 394 (service of notifications and other documents), in subsection (2)(a) (as amended by paragraph 3 of Schedule 3 and paragraph 3 of Schedule 9), after “Part 3B” insert “or Part 4A”.