Media Act 2024

37 Tier 1 services

(1) Part 4A of the Communications Act 2003 (on-demand programme services) is amended as follows.

(2) After the heading of Part 4A insert—

“Chapter 1

Introductory Provisions”.

(3) After section 368A insert—

“368AA Meaning of non-UK on-demand programme service

(1) For the purposes of this Act, a service (or a dissociable section of a service) is a “non-UK on-demand programme service” if—

(a) it meets the conditions in paragraphs (a) to (d) of section 368A(1),

(b) it does not meet one or both of the conditions in paragraphs (e) and (f) of section 368A(1), and

(c) the members of the public for whose use it is made available are or include members of the public in the United Kingdom.

(2) Section 368A(5) to (7) applies in relation to a non-UK on-demand programme service as it applies in relation to an on-demand programme service.

368AB Overview of Part 4A

(1) This section provides an overview of this Part.

(2) This Chapter (Chapter 1) gives the meaning of certain expressions used in this Part.

(3) Chapter 2 contains provision for the regulation of on-demand programme services (as defined by section 368A).

(4) Chapter 3—

(a) sets out the rules that apply for determining when an on-demand programme service (as defined by section 368A) or a non-UK on-demand programme service (as defined by section 368AA) is a Tier 1 service,

(b) makes provision for certain sections of Chapter 2 to apply in relation to a non-UK on-demand programme service that is a Tier 1 service in the same way that they apply in relation to an on-demand programme service, and

(c) makes provision for the additional regulation of Tier 1 services (whether on-demand programme services or non-UK on-demand programme services).

(5) Chapter 4 makes provision about the enforcement of certain provisions of Chapters 2 and 3.

(6) Chapter 5 makes supplementary provision.”

(4) In section 368B (the appropriate regulatory authority)—

(a) after subsection (A1) insert—

“(A2) OFCOM is the appropriate regulatory authority for the purposes of sections 368HC, 368HJ and 368HK (and OFCOM may not designate any other body to be the appropriate regulatory authority for those purposes).”;

(b) in subsection (1), after “subsections (A1)” insert “, (A2)”;

(c) in subsection (5), in paragraph (a), after “on-demand programme services” insert “, or non-UK on-demand programme services that are Tier 1 services,”;

(d) in subsection (9), in paragraph (d), after “on-demand programme services” insert “or non-UK on-demand programme services”.

(5) After section 368B insert—

“Chapter 2

Regulation of on-demand programme services”.

(6) After section 368H, insert (as Chapter 3 of Part 4A) the Chapter set out in Schedule 5 (regulation of Tier 1 services).

(7) Schedule 6 contains further amendments of Part 4A in connection with Tier 1 services (within the meaning of that Part).

(8) Schedule 7 contains amendments of other legislation in connection with Tier 1 services (within the meaning of Part 4A of the Communications Act 2003).