Part 4: On-demand programme services Section 368HH Tier 1 standards code: matters to be taken into account
Section 368HH outlines further detail on the requirements for OFCOM’s Code, and sets out some specific matters that should be taken into account in preparing or revising the Code. The matters to be taken into account are intended to ensure that OFCOM are able to design and enforce the Code in a way that is suitable for an on-demand environment, and that requirements placed on Tier 1 services are proportional and not unduly onerous for providers. For example, the age of the content and the likely effect of consideration being required in order to view a particular Tier 1 service are new matters, not replicated from pre-existing broadcasting legislation, as these factors were considered to be particularly important in an on-demand environment, such as with regard to special impartiality requirements.
	Subsections (4) and (5) outline that the Secretary of State can amend the matters for consideration laid out above, but must first consult OFCOM. Subsection (6) provides that any amendments to these matters must be approved through an affirmative statutory instrument, where both Houses of Parliament must approve the regulations. This ensures appropriate scrutiny of any proposed amendments to the scope of the Tier 1 standards Code.