The relevant date, in relation to a Tier 1 service, is the later of—
the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service, and
the day on which the first code under section 368HL was published.
OFCOM may determine that a service provided by a person is to be treated for the purposes of section 368HL and this section as a continuation of a service previously provided by that person.