(1) An electronic programme guide falls within section 211A(2)(c) of the Communications Act 2003 if it meets the four conditions in this regulation.
(2) The first condition is that the electronic programme guide can be accessed by means of—
(a) a television, or
(b) a streaming device that is connected to a television.
(3) In paragraph (2), “ streaming device ” means an apparatus which is—
(a) capable of connecting to the internet,
(b) designed primarily for—
(i) enabling the user to select and access programmes, and
(ii) displaying programmes, and
(c) not able to display programmes by itself.
(4) The second condition is that United Kingdom users form one of the target markets for the electronic programme guide, or the only target market.
(5) In paragraph (4), “ United Kingdom user ” means a user of the guide who is in the United Kingdom.
(6) The third condition is that the electronic programme guide—
(a) is provided by—
(i) a person (“P1”) who, on the day these Regulations come into force, is providing a regulated electronic programme guide under section 211A(2)(a) of the Communications Act 2003, or
(ii) a person (“P2”) who is associated with such a person (P1) (see paragraph (7)), or
(b) can be accessed by means of a regulated electronic programme guide, including an electronic programme guide which is a regulated electronic programme guide as a result of this regulation.
(7) For the purposes of paragraph (6)(a)(ii), P2 is associated with P1 only if—
(a) P2 is a body corporate which is controlled by P1, or
(b) P1 and P2 are bodies corporate which are both controlled by the same person.
(8) In paragraph (7), “ controlled ” has the same meaning as in Part 1 of Schedule 2 to the Broadcasting Act 1990 .
(9) The fourth condition is that the electronic programme guide is not a regulated electronic programme guide under section 211A(2)(a) of the Communications Act 2003.