2020 No. 1536

Exiting The European Union

Electronic Communications

Broadcasting

The Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020

Made14th December 2020

Coming into force in accordance with regulation 2

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018¹.

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation¶

^I11These Regulations may be cited as the Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020.

^I22These Regulations come into force immediately before IP completion day except for regulation 4 which comes into force on IP completion day.

^I33In these Regulations, “the 2003 Act” means the Communications Act 2003².

^F14 Video-sharing platform services: United Kingdom jurisdiction¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I45 Amendment of references to ‘exit day’ in the Broadcasting (Amendment) (EU Exit) Regulations 2019¶

(1) The Broadcasting (Amendment) (EU Exit) Regulations 2019³ are amended as follows.

(2) In regulation 5, for “exit day”, in each place where it occurs, substitute “IP completion day”.

(3) In regulation 6, for “exit day” substitute “IP completion day”.

(4) In paragraph 19(2)(b) of Schedule 1, in the amendment of section 75(2)(b) of the 2003 Act, for “exit day” substitute “IP completion day”.

(5) In paragraph 21 of Schedule 1, in the insertion of section 211A(2)(a) of the 2003 Act, for “exit day” substitute “IP completion day”.

(6) In paragraph 24 of Schedule 1, in the insertion of section 319(2)(ha) of the 2003 Act, for “exit day” substitute “IP completion day”.

EXPLANATORY NOTE¶

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, deficiencies falling within subsection (2)(c) and (d) of section 8) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 4 remedies a deficiency in the determination of United Kingdom jurisdiction in respect of video-sharing platform services after IP completion day (“IP completion day” is defined in the European Union (Withdrawal Agreement) Act 2020 (c.1) as 11pm on 31st December 2020). It sets out how jurisdiction is to be determined after that time.

Regulation 5 substitutes “IP completion day” for various references to “exit day” in the Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/24). This will ensure that the provisions in the existing regulations will take effect by reference to IP completion day rather than exit day.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

I1
Reg. 1 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)
I2
Reg. 2 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)
I3
Reg. 3 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)
I4
Reg. 5 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)
F1
Reg. 4 omitted (25.7.2025) by virtue of Online Safety Act 2023 (c. 50), ss. 210(4), 240(1); S.I. 2025/888, reg. 2
1
2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 was amended by paragraph 53 of Schedule 5 to that Act.
2
2003 c. 21.
3
S.I. 2019/224.