SCHEDULES
SCHEDULE 3Timing of providers’ assessments
PART 3Pre-existing Part 4B services
I1I57Interpretation of this Part
1
In this Part, “pre-existing Part 4B service” means—
a
an internet service which—
i
is a video-sharing platform service by reason of the conditions in section 368S(1) and (2) of the Communications Act being met in relation to the service as a whole, and
ii
was being provided immediately before Schedule 17 (videosharing platform services: transitional provision etc) comes into force; or
b
a dissociable section of an internet service, where that dissociable section—
i
is a video-sharing platform service by reason of the conditions in section 368S(1)(a) and (2) of the Communications Act being met in relation to that dissociable section, and
ii
was being provided immediately before Schedule 17 comes into force.
2
In sub-paragraph (1), any reference to a service provided before Schedule 17 comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act.
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1
In this Part, “assessment start day”, in relation to a pre-existing Part 4B service, means—
a
the date specified in regulations made by the Secretary of State for the purposes of this Part of this Schedule, or
b
if the pre-existing Part 4B service ceases to be a video-sharing platform service before the date specified in the regulations, the date when that service ceases to be a video-sharing platform service.
2
But in respect of any period during which this Schedule is fully in force and no regulations under sub-paragraph (1) have yet been made, the definition in sub-paragraph (1) has effect as if—
a
for paragraph (a) there were substituted “the date when section 210 comes into force”
, and
b
in paragraph (b), for “specified in the regulations” there were substituted “when section 210 comes into force”
.
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In this Part “video-sharing platform service” has the same meaning as in Part 4B of the Communications Act (see section 368S of that Act).
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Any reference in this Part to the effect of Part 1 or 2 of this Schedule is a reference to the effect that Part 1 or 2 would have if this Part were disregarded.