BROADCASTING ACT, 2001

25.—As soon as may be, but not later than 6 months, after the end of each year, the Broadcasting Complaints Commission shall make to the Minister a report of their activities during that year and the report shall contain such particulars (if any) as they think fit of decisions made by them pursuant to section 24 during that year, and the Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas.

26 Holders of contracts to record programme material.

26.—(1) A person who is a holder of a contract entered into under the Act of 1988 or this Act shall, for the purposes of section 24, record every item of programme material supplied by him or her under the contract in such manner as stands approved of by the Broadcasting Complaints Commission for the purposes of this section.

• (2) A recording made by a person under this section shall be retained by that person for such period as stands determined by the Broadcasting Complaints Commission for the purposes of this section, and when a complaint is being investigated by the Commission under section 24, the recording of the broadcast to which the complaint relates, together with the recording, made and being retained pursuant to this section, of any other broadcast which in the opinion of the Commission is relevant to that broadcast, shall be supplied by the person to the Commission on a request made by the Commission at any time during such period.

• (3) The making or retaining of a recording in compliance with this section shall not constitute a contravention of any provision of Part III of the Copyright and Related Rights Act, 2000, or an infringement of copyright, and nothing contained in the Copyright and Related Rights Act, 2000, shall be construed as prohibiting or restricting the making of such a recording.

27 Transitional provision in relation to Broadcasting Complaints Commission.

27.—Notwithstanding the repeal by section 3 of sections 18A to 18C of the Act of 1960, anything commenced but not completed before the commencement of section 3 by the Broadcasting Complaints Commission under the said sections 18A to 18C may be carried on and completed by them after that commencement as if those sections had not been repealed.

PART IV Provisions in relation to the Authority

28 Public service character of Authority's national broadcasting service.

28.—(1) The national television and sound broadcasting service required to be maintained by the Authority under section 16 of the Act of 1960 shall have the character of a public service, continue to be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland and the Authority shall have all such powers as are necessary for or incidental to that purpose.

• (2) Without prejudice to the generality of subsection (1), the Authority shall ensure that the programme schedules of the broadcasting service referred to in that subsection—

• (a) provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include, both on television and radio (and also, where appropriate, any means of transmission referred to in section 16(2)(bbb) (inserted by this Act) of the Act of 1960) programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity,

• (b) provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

• (c) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

• (3) Subject to subsections (5) to (7), the Minister may, for the purpose of ensuring that the character, as a public service, of the broadcasting service referred to in subsection (1) is maintained, by order modify subsection (2)—

• (a) by adding thereto provisions specifying categories of programmes that shall be included in the programme schedules referred to in that subsection, and

• (b) by making such other alterations to subsection (2) as are necessary or expedient in consequence of the addition of such provisions.

• (4) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

• (5) Nothing in subsection (3) or (4) shall be construed as enabling a requirement to be imposed on the Authority with respect to the manner in which any particular programme broadcast on the broadcasting service referred to in subsection (1) is made or the manner in which any decision of an editorial nature relating to the broadcasting of such a programme is made.

• (6) Where the Minister proposes to make an order under this section, the Minister shall—

• (a) consult with the Authority, the Commission and such other persons as he or she considers appropriate,

• (b) publish a notice of his or her intention to make such an order in at least one newspaper circulating in the State,

• (c) invite, by means of that notice or such other means as he or she considers appropriate, comments from members of the public in relation to the order proposed to be made, and

• (d) publish in such manner as he or she considers appropriate a statement outlining the consultations that have been carried out under paragraph (a) and any comments received by him or her pursuant to the invitation referred to in paragraph (c) and indicating a place at which any document furnished to the Minister by a person referred to in paragraph (a) in the course of consultations under that paragraph or by a member of the public pursuant to the said invitation may be inspected (and such a document shall, accordingly, be made available at that place for inspection at all reasonable times before a draft of the order concerned is laid before the Houses of the Oireachtas under subsection (7)).

• (7) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

• (8) The amount paid to the Authority in each financial year under section 8 of the Act of 1976 shall be used by the Authority solely for the purposes of—

• (a) providing programmes for the purposes of the programme schedules referred to in subsection (2),

• (b) complying with its duty under section 17 of the Act of 1960,

• (c) exercising all or any of the powers conferred on it by subsection (2) (other than paragraphs (bb) and (bbb) (inserted by this Act) thereof) of section 16 of the Act of 1960, and

• (d) providing, pursuant to its powers under the Broadcasting Authority Acts, 1960 to 2001, any service (other than a broadcasting service) for the benefit of the public.

• (9) The Authority may use moneys it obtains from any source, other than under section 8 of the Act of 1976, in whole or in part for any of the purposes referred to in subsection (8).

• (10) Without prejudice to sections 25(1) and 26 of the Act of 1960, the Authority shall, as soon as may be after the end of each financial year, make a report to the Minister of the use it has made, with regard to, respectively, the television broadcasting service and the sound broadcasting service referred to in subsection (1), of the moneys paid to it under section 8 of the Act of 1976 in that year for the purpose of the activities, during that year, referred to in paragraphs (a), (b) and (c) of subsection (2) and subsection (8)(d).

• (11) The Minister shall cause copies of each report made to him or her under subsection (10) to be laid before each House of the Oireachtas.

• (12) Nothing in this section shall be construed as preventing the Authority from including in the programme schedules referred to in subsection (2) programmes made outside the State.

29 Amendment of section 16(1) of Act of 1960.

29.—Subsection (1) (as amended by the Broadcasting Authority (Amendment) Act, 1979) of section 16 of the Act of 1960 is hereby amended by the substitution for “local broadcasting services” of “broadcasting services of a local, community or regional character”.

30 Amendment of section 16(2) of Act of 1960.

30.—Subsection (2) of section 16 of the Act of 1960 is hereby amended by the insertion of the following paragraphs after paragraph (b) (inserted by the Act of 1976):

• “(bb) to provide, in addition to the broadcasting services referred to in subsection (1) of this section, broadcasting services which are of a special interest to only certain members of the community and which are made available on a subscription or pay-per-view basis (within the meaning of the Broadcasting Act, 2001);

• (bbb) to transmit by electronic means (other than by means of broadcasting) such of the programme schedules of the broadcasting services referred to in subsection (1) of this section or paragraph (bb) of this subsection, with such alterations or adaptations as are appropriate, as it thinks fit;”.

31 Advertising broadcasts by Authority.

31.—(1) In the case of a broadcasting service provided by the Authority (not being a broadcasting service which consists of programme material supplied by it pursuant to a contract entered into under this Act), the total daily times for broadcasting advertisements and teleshopping material fixed by the Authority and the maximum period so fixed to be given to advertisements and teleshopping material in any hour shall be subject to the approval of the Minister.

• (2) In section 20 of the Act of 1960 references to advertisements shall be construed as including references to teleshopping material (within the meaning of this section).

• (3) In this section “teleshopping material” has the same meaning as it has in section 19.

32 Special accounts under section 25(1) of Act of 1960 and amendment of section 6 of Act of 1976.

32.—(1) The function conferred on the Minister by section 25(1) of the Act of 1960 with respect to directing (whether on the Minister's own motion or at the request of the Minister for Finance) the Authority to keep special accounts includes a power (exercisable on the Minister's own motion or at the request of the Minister for Finance) to direct the Authority to keep a special account showing the manner, with regard to, respectively, the television broadcasting service and sound broadcasting service referred to in subsection (1) of section 28, in which the moneys paid to it under section 8 of the Act of 1976 in the year concerned have been appropriated for the purpose of the activities of the Authority, during that year, referred to in paragraphs (a), (b) and (c) of subsection (2) and subsection (8)(d) of section 28.

• (2) Section 6 of the Act of 1976 is hereby amended by the deletion in subsection (1) of all the words from “; provided that as regards a television broadcast” to the end of that subsection.

33 Amendment of Broadcasting Authority (Amendment) Act, 1993.

33.—With respect to the financial year 2001 and subsequent financial years, section 4 of the Broadcasting Authority (Amendment) Act, 1993, shall have effect as if—

• (a) in subsection (7)(a), “vary the sum referred to in the definition of ‘the appropriate amount’” were substituted for “vary an amount or percentage referred to in column (2) of the Table to this section or the amount referred to in paragraph (i) of the definition of ‘the appropriate amount’”,

• (b) in subsection (8)—

• (i) the following definition were substituted for the definition of “the appropriate amount” in paragraph (a):

“‘the appropriate amount’ means the sum of £20,000,000 as increased by an amount equal to the appropriate percentage of the said sum;”,

• (ii) the definition of “television programme expenditure” in paragraph (a) were deleted, and

• (iii) the following paragraph were substituted for paragraph (b):

• “(b) In this subsection ‘the appropriate percentage’ means the difference between the consumer price index number at mid-August, 2000, and the said number at the mid-August immediately preceding the financial year concerned expressed as a percentage of the first-mentioned number.”,

and

• (c) the following Table were substituted for the Table to the section:

“TABLE

Financial year	Amount of monies to be paid by the Authority into the account
(1)	(2)
2001	£20,000,000
Each subsequent financial year	The appropriate amount

PART V Additional Broadcasting Services — Cable, Satellite Systems, etc.

34 Additional broadcasting services by television programme service contractor.

34.—(1) Subject to subsection (3), the television programme service contractor may provide, in addition to any free-to-air service being provided by it immediately before the commencement of this section, such other broadcasting services (whether free-to-air or not) as it considers appropriate, including broadcasting services of a community, local or regional character.

• (2) The television programme service contractor may, for the purposes of providing a broadcasting service under subsection (1), enter into arrangements with a holder of a digital content contract whereby that holder provides a compilation of programme material to the contractor for that service.

• (3) The television programme service contractor shall not provide any broadcasting service referred to in subsection (1) unless the Commission has authorised the provision by the contractor of that service by means of a variation made by it, at the request of the contractor, of the terms and conditions of the television programme service contract (which variation the Commission is hereby authorised to make) and the provision of the service shall be subject to the terms and conditions of that contract as so varied and subsections (1) to (3) of section 18 of the Act of 1988.

35 Meaning of “independent television programme” in certain contracts.

35.—The Commission shall ensure that any contract entered into by it under section 17 of the Act of 1988, any such contract renewed by it under that Act and any other arrangement in writing entered into by it with the holder of such a contract, being in each case a contract or an arrangement entered into or renewed by it after the commencement of this section, contains a term providing that the expression “independent television programme”, where used in the contract or arrangement, has the same meaning as it has in the Broadcasting Authority (Amendment) Act, 1993.

36 Satellite content contracts.

36.—(1) A person who is under the jurisdiction of the State (within the meaning of the Council Directive) shall not supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service (whether for reception in the State or elsewhere) by means of a satellite device otherwise than under and in accordance with a satellite content contract.

• (2) The Commission may enter into a contract with a person whereby that other person may supply a compilation of programme material for the purposes referred to in subsection (1), and such a contract shall, without prejudice to subsection (4), be known as a “provision of content (satellite) contract” and is in this Act referred to as a “satellite content contract”.

• (3) A satellite content contract shall include the same kind of conditions as subsections (4) and (5) of section 12 provide that a digital content contract shall include.

• (4) The Commission may divide the contracts it may enter into under this section into different classes by reference to the different conditions which, in pursuance of its powers under this Act, it may attach to the contracts and may style each such class of contract by the addition of such distinguishing words as it considers appropriate to the name by which subsection (2) provides a contract under this section shall be known.

• (5) The Commission may, before it enters into a satellite content contract with a person, require that person to pay a fee to it of such amount as it considers appropriate; if that person fails to pay that fee to the Commission, the Commission shall not enter into the contract with him or her.

• (6) The fee referred to in subsection (5) is in addition to any fee the Commission may charge under section 56 in respect of an application by the person concerned for a satellite content contract.

• (7) The amount of any fee paid to the Commission under subsection (5) may be used by it for the purpose of defraying the expenses incurred by it in performing its functions generally.

37 Transmission of broadcasting services by cable or MMD system.

37.—(1) A holder of a licence granted by the Director, being a licence that authorises the transmission by means of a cable or MMD system of programme material, shall not transmit, by such means, a broadcasting service unless the programme material, the subject of the broadcasting service, is supplied for such transmission—

• (a) by—

• (i) the Authority,

• (ii) Teilifís na Gaeilge,

• (iii) the television programme service contractor,

• (iv) the holder of a digital content contract or satellite content contract and the programme material so supplied by him or her is the compilation of programme material authorised by that contract to be supplied by him or her for transmission otherwise as a broadcasting service, or

• (v) an excepted person,

or

• (b) pursuant to—

• (i) a local content contract,

• (ii) a community content contract, or

• (iii) a cable-MMD content contract.

• (2) A person, other than a person referred to in subparagraph (i), (ii), (iii) or (v) of subsection (1)(a) but including a holder of the licence concerned, shall not supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service by means of a cable or MMD system, the subject of a licence referred to in subsection (1), unless—

• (a) the material is supplied under and in accordance with a local content contract, a community content contract or a cable-MMD content contract, or

• (b) in case the person is the holder of a digital content contract or satellite content contract, the material is the compilation of programme material authorised by that contract to be supplied by him or her for transmission otherwise as a broadcasting service.

• (3) A holder of a licence referred to in subsection (1) who transmits by the means referred to therein a broadcasting service shall—

• (a) if that service was being transmitted by him or her immediately before the commencement of this section, forthwith, after such commencement, notify, in writing, the Commission of the fact that that service is being transmitted by him or her,

• (b) if the transmission of that service begins on or after the commencement of this section, forthwith, after that transmission begins, notify, in writing, the Commission of the fact that that service is being transmitted by him or her.

• (4) A holder of a licence granted by the Director, being a licence that authorises the re-transmission by means of a cable or MMD system of programme material shall—

• (a) in relation to any broadcasting service that is being re-transmitted by him or her, pursuant to that licence, immediately before the commencement of this section, forthwith, after such commencement, notify, in writing, the Commission of the fact that that service is being re-transmitted by him or her,

• (b) in relation to any broadcasting service the re-transmission of which, pursuant to that licence, by him or her begins on or after the commencement of this section, forthwith, after that re-transmission begins, notify, in writing, the Commission of the fact that that service is being re-transmitted by him or her.

• (5) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by means of a cable system, shall re-transmit, by those means—

• (a) in case the cable system used by that holder is, in whole or in part, an analogue system, each free-to-air service of an analogue nature provided for the time being by the Authority, Teilifís na Gaeilge and the television programme service contractor and which that body or contractor requests the holder to so re-transmit,

• (b) in case the cable system used by that holder is, in whole or in part, a digital system, each free-to-air service of a digital nature provided for the time being by the Authority, Teilifís na Gaeilge and the television programme service contractor and which that body or contractor requests the holder to so re-transmit.

• (6) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by the means of a MMD system, shall re-transmit, by those means—

• (a) in case the MMD system used by that holder is, in whole or in part, an analogue system, each free-to-air service of an analogue nature provided for the time being by the television programme service contractor and which that contractor requests the holder to so re-transmit,

• (b) in case the MMD system used by that holder is, in whole or in part, a digital system, each free-to-air service of a digital nature provided for the time being by the television programme service contractor and which that contractor requests the holder to so re-transmit.

• (7) If a dispute arises between the holder of a licence referred to in subsection (4) and the Authority, Telifís na Gaeilge or the television programme service contractor in relation to the placement by the holder, relative to the placement by him or her of another broadcasting service, on the system concerned of a free-to-air service provided by that body or contractor, being a placement made on an analogue cable or MMD system for the purposes of the holder's complying with a request by that body or contractor under subsection (5)(a) or (6)(a), as the case may be, the dispute shall be referred to the Commission for its determination and the determination of the Commission in the matter shall be final.

• (8) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by the means of a cable system, shall re-transmit, by those means, each national sound broadcasting service provided for the time being by the Authority and each sound broadcasting contractor and which the Authority or the contractor concerned requests the holder to so re-transmit.

• (9) The holder of a licence referred to in subsection (4) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (5), (6) or (8) if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the cable or MMD system concerned.

• (10) Subject to subsection (11), the Commission may require the holder of a licence referred to in subsection (1) to transmit as a broadcasting service, by means of the cable system or, as the case may be, the MMD system concerned, the whole or part of the programme material supplied under one or more specified community content contracts the holders of which are members of the local community that is served by the said system and who request the first-mentioned holder to so transmit the whole or, as the case may be, a part of that programme material.

• (11) Subsection (10) shall not apply if the system used by the holder of the licence concerned is an analogue MMD system.

• (12) A person of whom a requirement is made by the Commission under subsection (10) shall comply with that requirement.

• (13) The holder of a licence referred to in subsection (1) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (10), pursuant to a requirement made of him or her under that subsection, if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the cable or MMD system concerned.

• (14) In this section “re-transmission” means simultaneous, unaltered and unabridged transmission.

38 Local interest channels.

38.—(1) Subject to subsection (2), the Commission may enter into a contract under this section with a person whereby that person may supply a compilation of programme material for the purposes of its being transmitted as a broadcasting service under and in accordance with a licence referred to in section 37(1), and such a contract shall be known as a “provision of local content contract” and is in this Act referred to as a “local content contract”.

• (2) The Commission shall not enter into such a contract unless it is satisfied that—

• (a) either—

• (i) the programme material to be supplied pursuant to the contract will be made by the person with whom it proposes to enter into that contract, or

• (ii) the making of that programme material will be commissioned by that person,

and

• (b) a substantial proportion of that programme material will be made in the locality which the cable or MMD system, the subject of the licence concerned referred to in subsection (1), serves or will be of such a character as is likely to make it of special interest to persons living in that locality.

• (3) Without prejudice to subsection (4), a local content contract shall include a condition requiring the holder of the contract to comply, in relation to the programme material supplied in pursuance of the contract, with such guidelines as the Commission may from time to time issue for the purposes of this section with respect to the general character of the programme material that may be supplied in pursuance of local content contracts.

• (4) A local content contract shall include a condition requiring the holder of the contract to comply with the codes and rules under section 19 with respect to the programme material supplied in pursuance of the contract.

• (5) A local content contract may include one or more of the following conditions, namely—

• (a) a condition requiring the holder of the contract not to include in the programme material supplied in pursuance of the contract a specified class or specified classes of advertisement,

• (b) a condition requiring the said holder to ensure, as respects that programme material, that a specified proportion of that material supplied for the time being constitutes material that has been made within a specified period ending immediately before that time,

• (c) a condition requiring the said holder to ensure, as respects that programme material, that a specified proportion of the financial resources for the time being used for the purpose of funding the provision of that material is used for the purpose of funding the provision of programme material that has been made within a specified period ending immediately before that time.

• (6) In deciding whether to enter into a local content contract with a particular person, the Commission shall have regard to whether the entering into of such a contract would operate against the public interest and, in particular, shall have regard to—

• (a) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue amount of the communications media in the locality served by the cable or MMD system proposed to be used to transmit that material, and

• (b) the desirability of promoting diversity in the sources of information available to the public and in the opinions expressed in the communications media.

• (7) For the purposes of subsection (6), the Commission may require the person referred to in that subsection to furnish to it such information as it specifies with respect to the extent (if any) of—

• (a) any interest of a proprietary or financial nature held by him or her in relation to the provision of broadcasting services (including sound broadcasting services) in the State or the publication of any newspaper, magazine or journal in the State, or

• (b) the control he or she may exercise in relation to the provision of any such service or the publication of any such newspaper, magazine or journal,

and if the person fails to comply with any such requirement, then the Commission shall not enter into a local content contract with him or her.

39 Community channels.

39.—(1) Subject to the provisions of this section, 2 or more members of a local community may supply a compilation of programme material for the purposes of its being transmitted as a broadcasting service under and in accordance with a licence referred to in section 37(1).

• (2) Subject to subsection (3) and (4), the Commission may enter into a contract with 2 or more members of a local community whereby those members may supply a compilation of programme material for the purposes referred to in subsection (1) if it is satisfied that—

• (a) those members are representative of the community concerned,

• (b) the supply of programme material in pursuance of the contract will be effected with the sole objective of—

• (i) specifically addressing the interests of the community concerned, and

• (ii) achieving a monetary reward of no greater amount than is reasonably necessary to defray the expenses that will be incurred in effecting that supply,

and

• (c) there is a reasonable prospect that all such expenses as are likely to be incurred during the period of the contract will be defrayed,

and such a contract shall be known as a “provision of community content contract” and is in this Act referred to as a “community content contract”.

• (3) The Commission shall not enter into a community content contract save after consultation with the person who it appears to the Commission will transmit or, as the case may be, will be the subject of a requirement under section 37(10) to transmit, the programme material supplied pursuant to the contract as a broadcasting service.

• (4) The Commission shall establish procedures whereby members of local communities are enabled, at regular intervals, to make submissions to the Commission as to what particular contracts ought, in their opinion, to be entered into under this section and what particular terms and conditions ought, in their opinion, to be included in such contracts and requiring the Commission to furnish, on request, to any such members particulars of any proposals formulated, for the time being, by the Commission itself with regard to each of those matters.

• (5) Before entering into a community content contract, the Commission shall have regard to any submissions made to it under and in accordance with procedures established under subsection (4) and which appear to it to be of relevance to that contract.

• (6) The Commission shall conduct, or arrange with members of the local community concerned for there to be conducted, a survey, which shall be as comprehensive as is practicable, amongst members of that community for the purpose of ascertaining—

• (a) the extent to which that community is facilitated in the active participation by it in the compilation and transmission of the programme material supplied pursuant to a community content contract,

• (b) the extent to which those members view any broadcasting service on which there is transmitted that programme material, and

• (c) the opinion of those members with regard to—

• (i) the quality of that programme material, and

• (ii) whether that material specifically addresses the interests of their community,

and shall have regard to the results of such a survey in deciding, in relation to any community content contract it proposes to enter into with members of that community next after the conduct of that survey, with whom it shall enter into such a contract and the nature of the terms and conditions it may include in that contract.

• (7) For the avoidance of doubt, if the holder of a licence referred to in subsection (1) of section 37 is required under subsection (10) of that section to transmit as a broadcasting service the programme material supplied pursuant to a community content contract, he or she shall not be—

• (a) under any duty to ensure that the material complies with the terms and conditions of that contract or the enactments that apply in respect of the supply of the material by virtue of section 18,

• (b) regarded, for the purposes of the law of defamation, malicious falsehood or any other form of civil liability as having, by virtue of such transmission, published the material, or

• (c) liable in damages, by virtue of such transmission, for any infringement of copyright, other intellectual property rights or other legal rights of any person.

• (8) In this section “local community” means the community of a town or other urban or rural area.

40 Assessment of community needs in respect of broadcasting.

40.—The Commission may, on its own initiative or at the request of a community group or organisation, carry out an assessment of the needs of a community in respect of broadcasting and such an assessment shall include an ascertainment of the extent to which production facilities, training and resources are available to the community to enable the community to best serve its interests in respect of those needs.

41 Commercial cable and MMD system channels.

41.—(1) Without prejudice to the means under section 38 or 39 that may enable him or her to make such a supply, a person may supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service by means of a cable or MMD system, the subject of a licence referred to in section 37(1), under and in accordance with a contract entered into by him or her with the Commission under this section, which contract shall be known as “a provision of content (cable-MMD) contract” and is in this Act referred to as a “cable-MMD content contract”.

• (2) The Commission may enter into a cable-MMD content contract with a person if, but only if, it is satisfied that the entering into that contract will result in the range and diversity of broadcasting services available in the relevant area being increased.

• (3) In subsection (2) “relevant area” means the area served by the cable or MMD system by which it is proposed that the programme material concerned will be transmitted as a broadcasting service.

• (4) Subject to subsection (5) but without prejudice to subsection (6), a cable-MMD content contract shall, where appropriate, include a condition that, as respects the programme material supplied pursuant to it, the provisions of the Council Directive in relation to European works (within the meaning of that Directive) shall be complied with.

• (5) Subsection (4) shall not apply in relation to a cable-MMD content contract the programme material supplied pursuant to which does not contain any advertisements that are to be broadcast in return for payment or for similar consideration.

• (6) A cable-MMD content contract shall include the same kind of conditions as subsections (4) and (5) of section 12 provide that a digital content contract shall include.

PART VI Teilifís na Gaeilge

42 Definition.

42.—In this Part “establishment day” means the day appointed by the Minister under section 43.

43 Establishment day.

43.—The Minister may by order appoint a day to be the establishment day for the purposes of this Part.

44 Teilifís na Gaeilge.

44.—(1) On the establishment day there shall stand established a body, to be known as Teilifís na Gaeilge, to perform the functions assigned to it by this Act.

• (2) Teilifís na Gaeilge shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land and other property.

• (3) The provisions of the Second Schedule to this Act shall have effect in relation to Teilifís na Gaeilge.

45 Functions of Teilifís na Gaeilge.

45.—(1) Teilifís na Gaeilge shall establish and maintain a national television broadcasting service which shall have the character of a public service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland.

• (2) The broadcasting service referred to in subsection (1) shall be a free-to-air service.

• (3) Teilifís na Gaeilge shall have all such powers as are necessary for or incidental to its function under subsection (1).

• (4) Without prejudice to the generality of subsection (1), Teilifís na Gaeilge shall commission the making of programme material, originate programme material and, subject to, and in accordance with, subsection (5), acquire programme material from such sources as it thinks appropriate so as to ensure that the programme schedules of the broadcasting service referred to in subsection (1) (and also, where appropriate, any means of transmission referred to in subsection (8)(c))—

• (a) provide a comprehensive range of programmes, primarily in the Irish language, that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of those of all age groups in the community whose preferred spoken language is Irish or who otherwise have an interest in Irish,

• (b) provide programmes, primarily in the Irish language, of news and current affairs,

• (c) provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

• (d) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

• (5) Teilifís na Gaeilge may, for the purpose of complementing the programme material it broadcasts in the Irish language, acquire programme material in other languages; in acquiring such material, Teilifis na Gaeilge shall have regard to the need to maintain the distinctive character of the broadcasting service referred to in subsection (1) and to cater for the expectations of audiences who are not generally catered for by other broadcasting services.

• (6) Each amount paid to Teilifís na Gaeilge under section 51 shall be used by it solely for the purposes of performing its function under subsection (1) and exercising the powers conferred on it by this Act with respect to that function.

• (7) Teilifís na Gaeilge may use moneys it obtains from any source, other than under section 51, in whole or in part for the purposes referred to in subsection (5).

• (8) Without prejudice to the generality of the preceding provisions of this section, Teilifís na Gaeilge shall have the following powers—

• (a) to make contracts, agreements and arrangements incidental or conducive to the functions of Teilifís na Gaeilge,

• (b) to provide, in addition to the broadcasting service referred to in subsection (1), broadcasting services which are of a special interest to only certain members of the community or which are made available on a subscription or pay-per-view basis,

• (c) to transmit by any electronic means (other than by means of broadcasting) such of the programme schedules of the broadcasting services referred to in subsection (1) or paragraph (b), with such alterations or adaptations as are appropriate, as it thinks fit,

• (d) to acquire and make use of copyrights, patents, licences, privileges and concessions,

• (e) to collect news and information and to subscribe to news services and such other services as may be conducive to the functions of Teilifís na Gaeilge,

• (f) to subscribe to such international associations and to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture as may be conducive to the functions of Teilifís na Gaeilge,

• (g) to arrange with other broadcasters for the distribution, receipt, exchange and relay of programme material (whether live or recorded),

• (h) to organise, provide and subsidise concerts and other entertainments in connection with the broadcasting service referred to in subsection (1) or for any purpose incidental thereto and, in relation to any such concert or entertainment, to provide or procure accommodation, and, if desired, to make charges for admission,

• (i) to prepare, publish and distribute, with or without charge, such magazines, books, papers and other printed matter as may seem to Teilifís na Gaeilge to be conducive or incidental to its functions,

• (j) to compile, publish, distribute, sell and exchange recorded aural and visual material in whatsoever form contained (including any form of electronic storage developed after the establishment day).

46 General duty of Teilifís na Gaeilge.

46.—In performing its functions, Teilifís na Gaeilge—

• (a) shall use its best endeavours to commission the making of, procure, adapt or originate programme material for the purposes of the broadcasting service referred to in section 45(1) that is responsive to the interests and concerns of the whole community,

• (b) shall—

• (i) be mindful of the need for understanding and peace within the whole island of Ireland, and

• (ii) ensure that the programme material aforesaid reflects the varied elements which make up the culture of the whole island of Ireland and have special regard for the elements which distinguish that culture, and, in particular, the Gaeltachtaí,

• (c) shall uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and

• (d) shall have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of the Member States of the European Union.

47 Supply of programme material by Authority to Teilifís na Gaeilge.

47.—The Authority shall provide to Teilifís na Gaeilge programme material in the Irish language of such amounts and at such times as may be agreed between them, being such amounts and such times as, in their opinion, will result in the equivalent of one hour of such programme material being provided daily by the Authority to Teilifís na Gaeilge.

48 Approval of total time per year for broadcasting by Teilifís na Gaeilge.

48.—The total number of hours per year of broadcasting by Teilifís na Gaeilge in providing the television broadcasting service referred to in section 45(1) shall neither exceed a maximum nor be less than a minimum fixed by Teilifís na Gaeilge, with the approval of the Minister, for that service.

49 Advertising broadcasts by Teilifís na Gaeilge.

49.—(1) In the case of a broadcasting service provided by Teilifís na Gaeilge (not being a broadcasting service which consists of programme material supplied by it pursuant to a contract entered into under this Act), the total daily times for broadcasting advertisements and teleshopping material fixed by Teilifís na Gaeilge and the maximum period so fixed to be given to advertisements and teleshopping material in any hour shall be subject to the approval of the Minister.

• (2) In this section “teleshopping material” has the same meaning as it has in section 19.

50 Application of certain enactments to Teilifís na Gaeilge.

50.—(1) Section 18 (as amended by the Act of 1976) of the Act of 1960 shall apply to Teilifís na Gaeilge as it applies to the Authority and for the purposes of that application the reference in that section to section 16 of that Act shall be construed as a reference to section 45 of this Act.

• (2) Subsections (1), (2) and (4) of section 20, section 21 (as amended by the Act of 1976) and section 31(2) of the Act of 1960 shall apply to Teilifís na Gaeilge as they apply to the Authority and for the purposes of that application the reference in subsection (4) of that section 21 to the Director-General shall be construed as a reference to the chief executive of Teilifís na Gaeilge.

• (3) Section 6 (as amended by this Act) of the Act of 1976 shall apply to Teilifís na Gaeilge as it applies to the Authority.

51 Provision of moneys by Minister to Teilifís na Gaeilge.

51.—The Minister, with the consent of the Minister for Finance, may from time to time pay to Teilifís na Gaeilge such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by Teilifís na Gaeilge in performing its functions.

52 Transitional provisions in relation to Teilifís na Gaeilge.

52.—(1) On the establishment day all land which, immediately before that day, was vested in Seirbhísí Theilifís na Gaeilge Teoranta and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in Teilifís na Gaeilge for all the estate or interest for which immediately before the said day it was vested in the said company, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

• (2) On the establishment day all property other than land, including choses-in-action, which immediately before that day was the property of Seirbhísí Theilifís na Gaeilge Teoranta shall stand vested in Teilifís na Gaeilge without any assignment.

• (3) Every chose-in-action transferred by subsection (2) to Teilifís na Gaeilge may, after the establishment day, be sued on, recovered or enforced by it in its own name and it shall not be necessary for it or Seirbhísí Theilifís na Gaeilge Teoranta to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

• (4) All rights and liabilities of Seirbhísí Theilifís na Gaeilge Teoranta arising by virtue of any contract or commitment (express or implied) entered into by it before the establishment day shall on that day stand transferred to Teilifís na Gaeilge.

• (5) Every right and liability transferred by subsection (4) to Teilifís na Gaeilge may, on and after the establishment day, be sued on, recovered or enforced by or against it in its own name and it shall not be necessary for it or Seirbhísí Theilifís na Gaeilge Teoranta to give notice to the person whose right or liability is transferred by that subsection of such transfer.

• (6) Any legal proceedings pending immediately before the establishment day to which Seirbhísí Theilifís na Gaeilge Teoranta is a party shall be continued with the substitution in the proceedings for that company of Teilifís na Gaeilge.

• (7) Anything commenced but not completed before the establishment day by Seirbhísí Theilifís na Gaeilge Teoranta may be carried on and completed on or after that day by Teilifís na Gaeilge.

• (8) Nothing in the preceding provisions of this section shall operate to transfer to Teilifís na Gaeilge any right or liability of Seirbhísí Theilifís na Gaeilge Teoranta under any contract of employment entered into by that company with any person before the establishment day unless that person is designated as a person to be employed by Teilifís na Gaeilge on and after the establishment day in a direction given by the Authority for the purposes of this section (which the Authority is hereby empowered to give).

53 Construction of references to certain acts of Teilifís na Gaeilge.

53.—A reference in a provision of this Act to a free-to-air service being provided by Teilifís na Gaeilge shall, to the extent that that provision falls to be applied at, or by reference to, a time that is prior to the establishment day (including a time that is prior to the passing of this Act), be construed as a reference to such a service being provided by Seirbhísí Theilifís na Gaeilge Teoranta.

PART VII Miscellaneous

54 Provisions in relation to certain broadcasting services provided by Authority or Teilifís na Gaeilge.

54.—(1) In this section “secondary broadcasting service” means a broadcasting service that is not the national television and sound broadcasting service referred to in section 16(1) of the Act of 1960 or the television service referred to in section 45(1).

• (2) In relation to any secondary broadcasting services provided by the Authority or Teilifís na Gaeilge—

• (a) each such body shall keep, separately from the accounts it keeps in respect of its other activities, such accounts in respect of the provision of those services as it is required by section 25 of the Act of 1960 or, as the case may be, paragraph 17 of the Second Schedule to this Act to keep in respect of the carrying on by it of those other activities,

• (b) moneys which it receives in consideration of broadcasting advertisements on any free-to-air service, the provision of which by it commenced before the passing of this Act, or from sponsorship of such a service, shall not be used to defray, in whole or in part, the expenses incurred by it in providing a secondary broadcasting service that is not a free-to-air service or taking any steps in pursuance of arrangements entered into under subsection (4) for the purposes of such a service.

• (3) The Minister may require the Authority or Teilifís na Gaeilge to prepare, and furnish to him or her, such financial and other statements as he or she may specify indicating the extent to which, in its opinion, the provision by it of any secondary broadcasting services has, in a specified period—

• (a) facilitated the provision by it of any free-to-air service, the provision of which commenced before the passing of this Act, or contributed to an improvement in the quality of that service,

• (b) in the case of the Authority, facilitated the carrying on by it of any activity, apart from broadcasting, mentioned in section 16 of the Act of 1960,

and the Authority or Teilifís na Gaeilge, as the case may be, shall comply with such a requirement.

• (4) The Authority and Teilifís na Gaeilge may each, for the purpose of providing a secondary broadcasting service, enter into arrangements with a holder of a digital content contract whereby that holder provides a compilation of programme material to it for that service.

55 Provisions in relation to contracts generally under Act.

55.—(1) Without prejudice to any specific provision of this Act, or of a contract thereunder, in that behalf, the Commission may terminate or suspend for such period as it specifies any contract entered into by it under this Act—

• (a) if any false or misleading information was given to the Commission by or on behalf of the holder of the contract before it was entered into, or

• (b) if the holder of the contract, has, in the opinion of the Commission, failed on one or more occasions to comply with a term or condition of the contract and the nature of that failure is of such seriousness as, in the opinion of the Commission, warrants the termination or suspension by it of the contract.

• (2) A contract terminated or suspended under this or any other provision of this Act, or pursuant to a provision of that contract, shall, in case it is terminated, cease to have effect and, in case it is suspended, cease to have effect for the period for which it is suspended.

• (3) A contract under this Act may contain such terms and conditions as the Commission considers appropriate and specifies in the contract.

• (4) Without prejudice to the generality of subsection (3) or any other provision of this Act, a contract under this Act may include—

• (a) terms or conditions with respect to—

• (i) the period during which the contract shall continue in force,

• (ii) whether the contract may be renewed and, if so, the manner in which, the terms on which, and the period for which, the contract may be renewed,

and

• (b) a condition prohibiting the assignment of the contract or any interest therein.

56 Fees in respect of applications for contracts.

56.—The Commission may charge a fee, of such an amount as it considers reasonable, in respect of an application made by a person to the Commission for the entry into, by the Commission with that person, of—

• (a) a contract under the Act of 1988, or

• (b) a contract under this Act.

57 Offences.

57.—(1) A person who contravenes section 12(1), 16(2), 36(1) or subsection (1), (2), (3), (4), (5), (6), (8), (9), (12) or (13) of section 37 shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both,

• (b) on conviction on indictment, to a fine not exceeding £15,000 or imprisonment for a term not exceeding 2 years or both.

58 Provision of moneys by Minister to Commission.

58.—The Act of 1988 is hereby amended by the substitution of the following section for section 20:

“20. Without prejudice to section 23(4) or 59(3) of the Broadcasting Act, 2001, the Minister, after consultation with the Commission and with the consent of the Minister for Finance, may from time to time pay to the Commission such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by the Commission in performing its functions.”.

59 Capital grants to-sound broadcasting contractors.

59.—(1) The Commission shall, as soon as may be after the commencement of this section, prepare a scheme providing for the grant by it of such an amount of moneys, if any, as it considers appropriate to each relevant sound broadcasting contractor for the purposes of defraying capital expenditure incurred by the contractor in connection with the transmission by it of a sound broadcasting service.

• (2) A scheme under subsection (1) shall—

• (a) provide for the making of applications to the Commission by relevant sound broadcasting contractors for the grant, under the scheme, of moneys to them,

• (b) provide that the Commission, in considering any such application, shall have regard to—

• (i) any difficulty the applicant has experienced in providing a sound broadcasting service in the area to which his or her sound broadcasting contract relates,

• (ii) the financial resources available to the applicant for the purposes of providing such a service,

• (iii) the improvement (if any) in the quality of the service concerned that has resulted or, as the case may be, is likely to result by reason of the capital expenditure, the subject of the application, being incurred.

• (3) The Minister, with the consent of the Minister for Finance, may pay to the Commission such amounts as he or she determines to be reasonable for the purposes of the making by the Commission of grants of moneys under a scheme under subsection (1).

• (4) The aggregate of the amounts paid under subsection (3) to the Commission shall not exceed £500,000.

• (5) In this section “relevant sound broadcasting contractor” means a sound broadcasting contractor whose sound broadcasting contract authorises the provision of a sound broadcasting service in a specified part only of the State or to a local community that is readily identifiable.

60 Amendment of section 6 of Act of 1988.

60.—Section 6 of the Act of 1988 is hereby amended by the insertion of the following subsections after subsection (3):

• “(4) In considering the suitability of an applicant for the award of a sound broadcasting contract, the Commission shall have regard to the overall quality of the performance of the applicant with respect to the provision by him of a sound broadcasting service under any sound broadcasting contract held by him at, or before, the date of the making of the application.

• (5) Where the Commission decides to refuse to award a sound broadcasting contract to an applicant therefor, the Commission shall notify the applicant of the reasons for the decision.”.

61 Amendment of section 8 of Act of 1988.

61.—Section 8 of the Act of 1988 is hereby amended by the substitution, in subsection (1), of “thirty” for “fourteen”.

62 Amendment of section 15 of Act of 1988.

62.—The following section is hereby substituted for section 15 of the Act of 1988:

“Derogation from requirements relating to news and current affairs programming.

15. Notwithstanding section 9(1)(c), the Commission may authorise a derogation from the requirement in question in whole or in part in the case of a sound broadcasting service which a sound broadcasting contractor contracts to provide in any area, but only if it is satisfied that the authorisation of such a derogation would be beneficial to the listeners of sound broadcasting services in that area.”.

63 Amendment of section 15 of Act of 1960.

63.—Section 15 of the Act of 1960 is hereby amended—

• (a) in subsection (3), by the insertion after “amending” of “or revoking”,

• (b) in subsection (6), by the insertion after “in pursuance of a scheme” of “or schemes”, and

• (c) by the insertion after subsection (6A) (inserted by the Act of 1976) of the following subsection:

• “(6B) No pension, gratuity or other allowance shall be granted by the Authority on the resignation, retirement or death of an officer or servant of the Authority (including the Director-General) otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a pension, gratuity or allowance, in accordance with that sanction.”.

64 Amendment of Schedule to Act of 1988.

64.—Paragraph 11 of the Schedule to the Act of 1988 is hereby amended—

• (a) in subparagraph (3), by the insertion after “amending” of “or revoking”, and

• (b) in subparagraph (6), by the insertion after “under this paragraph” of “or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a pension, gratuity or allowance, in accordance with that sanction”.

65 Religious advertising.

65.—Nothing in section 20(4) of the Act of 1960 or section 10(3) of the Act of 1988 (including either of those sections as applied by this Act) shall be construed as preventing the broadcasting of a notice of the fact—

• (a) that a particular religious newspaper, magazine or periodical is available for sale or supply, or

• (b) that any event or ceremony associated with any particular religion will take place,

if the contents of the notice do not address the issue of the merits or otherwise of adhering to any religious faith or belief or of becoming a member of any religion or religious organisation.

FIRST SCHEDULE

Enactments Repealed

Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
No. 10 of 1960	Broadcasting Authority Act, 1960.	Sections 18A, 18B, 18C and 19;
		subsections (1), (1A) and (1B) of section 31.
No. 20 of 1988	Radio and Television Act, 1988.	Subsections (3) and (4) of section 11;
		sections 12 and 14(4)(b).
No. 24 of 1990.	Broadcasting Act, 1990.	Section 4.
No. 15 of 1993.	Broadcasting Authority (Amendment) Act, 1993.	Section 2.

SECOND SCHEDULE

Provisions in relation to Teilifís na Gaeilge

• (2) The members of the body shall be appointed by the Government.

• (3) Where the number of members of the body for the time being is 7, not less than 3 of them shall be men and not less than 3 of them shall be women.

• (4) Where the number of members of the body for the time being is 8 or 9, not less than 4 of them shall be men and not less than 4 of them shall be women.

• (5) The period of office of a member of the body shall be such period, not exceeding 5 years, as the Government may determine when appointing him or her.

• (6) A member of the body whose term of office expires by effluxion of time shall be eligible for reappointment.

• (7) A member of the body may resign his or her membership by letter sent to the Government and the resignation shall take effect on and from the date of receipt of the letter.

• (8) A person shall not be appointed to be a member of the body unless—

• (a) he or she has experience of or shown capacity in—

• (i) media or commercial affairs,

• (ii) radio communications engineering,

• (iii) trade union affairs,

• (iv) administration, or

• (v) social, cultural, educational or community activities or Gaeltacht affairs,

and

• (b) he or she is able to speak and write proficiently in the Irish language.

• (2) The chairperson of the body shall, unless he or she sooner dies, resigns the office of chairperson or ceases to be chairperson under subparagraph (4) of this paragraph, hold office until the expiration of his or her period of office as a member of the body.

• (3) The chairperson of the body may at any time resign his or her office as chairperson by letter sent to the Government and the resignation shall take effect at the commencement of the meeting of the body held next after the body has been informed by the Government of the resignation.

• (4) Where the chairperson of the body ceases during his or her term of office as chairperson to be a member of the body, he or she shall also then cease to be chairperson of the body.

• (a) such remuneration as may be fixed from time to time by the Minister, with the consent of the Minister for Finance, and

• (b) such amounts in respect of expenses as the body, with the approval of the Minister given with the consent of the Minister for Finance, considers reasonable.

• (2) Subject to the provisions of this Schedule, a member of the body shall hold office upon and subject to such terms and conditions as may, from time to time, be determined by the Minister, with the consent of the Minister for Finance.

• (3) The Minister shall cause a statement in writing specifying the terms of office and the remuneration of the members of the body to be laid before both Houses of the Oireachtas.

• (a) any interest in any company or concern with which the body proposes to enter into any contract, or

• (b) any interest in any contract which the body proposes to enter into,

shall disclose to the body the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the body relating to the contract, and the disclosure shall be recorded in the minutes of the body.

• (2) The seal of the body shall be authenticated by the signature of the chairperson of the body or some other member thereof authorised by the body to act in that behalf and the signature of an officer of the body authorised by the body to act in that behalf.

• (3) Judicial notice shall be taken of the seal of the body, and every document purporting to be an instrument made by the body and to be sealed with the seal (purporting to be authenticated in accordance with this paragraph) of the body shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

• (2) The Minister may fix the date, time and place of the first meeting of the body.

• (3) Subject to the provisions of the Schedule, the body shall regulate its procedure by rules made under this subparagraph.

• (4) At a meeting of the body—

• (a) the chairperson of the body shall, if present, be chairperson of the meeting,

• (b) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the body who are present shall choose one of their number to be chairperson of the meeting.

• (5) Every question at a meeting of the body shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (6) The body may act notwithstanding one or more vacancies among its members (including one or more vacancies that result in subparagraph (3) or (4) of paragraph 2 not being complied with).

• (7) The quorum for a meeting of the body shall be fixed by rules made under subparagraph (3) of this paragraph, but—

• (a) it shall not be less than five, and

• (b) until it is so fixed, it shall be five.

• (2) The body may, as well as appointing the chief executive, appoint so many other persons to be members of the staff of the body as the body, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determines.

• (3) The body may perform all or any of its functions through or by such members of its staff as may be duly authorised in that behalf by it.

• (2) There shall be paid by the body to its staff (including the chief executive) such remuneration and allowances as the body, with the approval of the Minister given with the consent of the Minister for Finance, thinks fit.

• (3) In determining the remuneration or allowances to be paid to its staff or the terms or conditions subject to which such staff hold or are to hold their employment, the body shall comply with any directive with regard to such remuneration, allowances, terms and conditions which the Minister, with the consent of the Minister for Finance, may give, from time to time, to the body.

• (4) The body may at any time remove any member of the staff of the body from being a member of its staff.

• (5) Notwithstanding the foregoing provisions of this paragraph, the chief executive shall not be removed without the consent of the Minister.

• (a) nominated as a member of Seanad Éireann, or

• (b) nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament,

he or she shall thereupon cease to be a member of the body.

• (2) Where a person employed by the body is—

• (a) nominated as a member of Seanad Éireann, or

• (b) nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

• (c) regarded pursuant to the said Part XIII as having been elected to the European Parliament,

he or she shall stand seconded from employment by the body and shall not be paid by, or entitled to receive from, the body any remuneration or allowances—