Section 245

means a service that enables an individual to receive —

a transmission of a programme specially created for that individual; or

on request, a transmission (whether or not as part of a programme) of a particular sound recording or a particular recording of a protected performance that is selected by or on behalf of that individual;

includes a service —

that enables an individual to request that a particular sound recording or a particular recording of a protected performance be performed for reception —

by the public at large; or

in the case of a subscription service — by all subscribers of that service; and

where the programming on each channel of the service consists substantially of sound recordings or recordings of protected performances that are performed either within an hour of the request or at a time designated by that individual; but(c)does not include a service to which paragraph (b)(i) applies but not paragraph (b)(ii).