In this Act, a "Tier 1 service" means—
an on-demand programme service that falls within subsection (2), and
an on-demand programme service, or a non-UK on-demand programme service, that is a Tier 1 service by virtue of regulations under section 368HB.
An on-demand programme service falls within this subsection if it is an on-demand programme service that is being used by a public service broadcaster, other than the BBC, to contribute to the fulfilment of its public service remit.
In this section, "public service remit"—
in relation to S4C, has the meaning given by section 204A;
in relation to the provider of a Channel 3 service or Channel 5, has the meaning given by section 265(2);
in relation to the provider of Channel 4, has the meaning given by section 265(3).