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Section 368HN: Power to modify requirements in section 368HL

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 4A: ON-DEMAND PROGRAMME SERVICES — Chapter 3: Regulation of Tier 1 services

Where it appears to the Secretary of State, in the case of Tier 1 services of a particular description, that the requirement specified in any paragraph of section 368HL(4) has been or is likely to be fulfilled in their case before the anniversary specified in section 368HL(4), the Secretary of State may by regulations modify section 368HL so as to do one or both of the following—

increase the percentage so specified in relation to services of that description;
substitute the first anniversary for the anniversary specified in section 368HL(4) in the case of services of that description.

The Secretary of State may by regulations modify section 368HL so as to do one or both of the following—

substitute a later anniversary for the anniversary specified in section 368HL(5);
substitute a higher percentage for the percentage for the time being specified in any paragraph of section 368HL(5).

The provision that may be made by regulations under this section includes—

modifications for requiring the code to set out additional requirements to be fulfilled once the requirements previously required to be set out in the code have been fulfilled; and
savings for the requirements previously set out in the code.

Before making regulations under this section the Secretary of State must consult OFCOM.

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.