(1) In relation to the broadcast of a work, an encrypted transmission shall be regarded as capable of being lawfully received by members of the public only if decoding equipment has been lawfully made available to members of the public by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(2) References in this Act to the person making a broadcast, broadcasting a work or including a work in a broadcast are references—
(a) to the person transmitting the programme, to the extent that he or she has responsibility for its contents; and
(b) to any person providing the programme who makes with the person transmitting it, the arrangements necessary for its transmission,
and references in this Act to a programme, in the context of broadcasting, are to any item included in a broadcast.