Part 4: On-demand programme services Section 368HJ Duties of Tier 1 providers to comply with Tier 1 standards code
Section 368HJ relates to the duties of Tier 1 services to comply with OFCOM’s Code. Subsection (1) states that services specified as Tier 1 must comply with the new Tier 1 standards Code prepared and published by OFCOM.
	Subsections (2) and (3) clarify that the requirement to comply with the Code only comes into force after a grace period given to the providers of Tier 1 on-demand programme services. The grace period is defined as a period of 12 months, beginning either when the service becomes a Tier 1 service or when the Code is first published, whichever comes later.
	Subsection (4) details that where the Secretary of State specifies an on-demand provider to be a Tier 1 service, these regulations can remove the grace period given to services before the Code comes into force. The Secretary of State can also choose to reduce the grace period given to a period less than 12 months. This section allows for potentially harmful services to be brought more quickly under the requirements of the Code.
	As outlined below, Schedule 7 paragraph 2(2) amends section 107 of the Broadcasting Act 1996 so that Tier 1 services will also be required to observe a fairness code. This is a code prepared by OFCOM relating to the avoidance of unjust or unfair treatment or unwarranted interference with privacy.