Broadcasting Act 1990
- (b) “the permitted period” has the meaning given by paragraph 9(5) and (6).
12
- (1) Notice may be given to the relevant authority in accordance with this paragraph of proposed arrangements which might result—
- (a) in the application of paragraph 9(2) to a body corporate which holds a licence to provide any of the services specified in paragraph 9(4),
- (b) in the application of paragraph 10(2) or (4) to a body corporate which holds a licence to provide a regional Channel 3 service or a local radio service, or
- (c) in the application of paragraph 11(1), (3) or (5) to a body corporate which holds a licence to provide digital programme services.
- (2) A notice under sub-paragraph (1)—
- (a) may be given by the licence holder or any other person appearing to the relevant authority to be concerned,
- (b) shall state that the existence of the proposal has been made public, and
- (c) shall be in such form as the relevant authority may require.
- (3) The relevant authority may, at any time before making a determination under this paragraph, require the person who gave the notice to provide them with such further information with respect to the notified arrangements as they think fit.
- (4) The relevant authority shall, as soon as reasonably practicable, determine whether in all the circumstances, if the notified arrangements were carried into effect, the continued holding of the licence by the body corporate could be expected to operate against the public interest.
- (5) If—
- (a) the relevant authority determine, in relation to any notified arrangements, that the fact referred to in sub-paragraph (4) could not be expected to operate against the public interest, and
- (b) the notified arrangements are carried into effect within the period of 12 months beginning with the date of the determination,.
the relevant authority may not make any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) arising out of the carrying into effect of the notified arrangements.
- (6) Sub-paragraph (5) does not prevent any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) being made if—
- (a) any information given to the relevant authority in respect of the notified arrangements by the person who gave the notice is in any material respect false or misleading, or
- (b) since the making of the determination there has been a material change of circumstances (other than such a change of which notice was given to the relevant authority under sub-paragraph (3) before the making of the determination).
- (7) In this paragraph “the notified arrangements” means the arrangements mentioned in the notice under sub-paragraph (1) or arrangements not differing from them in any material respect.
13
- (1) The matters to which the relevant authority shall have regard in determining, for the purposes of paragraph 9, 10, 11 or 12, whether the holding of a licence by a body corporate which is, or is connected with, the proprietor of a newspaper operates, or could be expected to operate, against the public interest include—
- (a) the desirability of promoting—
- (i) plurality of ownership in the broadcasting and newspaper industries, and
- (ii) diversity in the sources of information available to the public and in the opinions expressed on television or radio or in newspapers,
- (b) any economic benefits (such as, for example, technical development or an increase in employment or in the value of goods or services exported) that might be expected to result from the holding of the licence by that body but could not be expected to result from the holding of the licence by a body corporate which was not, and was not connected with, the proprietor of a newspaper, and
- (c) the effect of the holding of the licence by that body on the proper operation of the market within the broadcasting and newspaper industries or any section of them
- (2) References in paragraphs 9, 10, 11 and 12 to the public interest include references to the public interest within any area of the United Kingdom.
14
- In relation to any determination under paragraph 11(1), (3) or (5), references in paragraphs 12 and 13 to the holding of the licence shall have effect as references to the provision of the service.
15
- (1) The Secretary of State may by order—
- (a) prescribe restrictions on the holding of one or more licences to provide restricted television services by a person who runs a national or local newspaper, and
- (b) apply any of the provisions of paragraphs 9 to 13, with such modifications as may be specified in the order, in relation to the holding of a licence to provide a restricted television service.
- (2) Any order under sub-paragraph (1) may provide that, for the purposes of any provision of the order, a person is to be treated as holding a licence if the licence is held by a person connected with him.
- (3) In this paragraph “restricted television service” means a restricted service within the meaning of Part I of this act.
Power to make copies of recordings.
Information to be furnished by BBC for purposes of reports under section 186.
Offences by bodies corporate.
Further provision about references under paragraph 4
Enforcement
False or misleading information
Date for digital switchover
Applications for national licences.
Applications for licences: local services and restricted services
Renewal under section 104AA: nomination of national services
Renewal under section 104AA: nomination of national services
Licensing of additional services.
Special application procedure for local licences.
Requirements as to character and coverage of national and local services.
Licensable sound programme services.
Licensing of additional services.
Variation of local licence following change of control.
Licensable sound programme services.
100A
Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—
- (a) to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and
- (b) to do all that he can to secure the broadcasting of that service.
Licensing of additional services.
106ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Broadcasting Standards Council.
Applications for additional services licences.
Variation of local licence following change of control.
Applications for additional services licences.
Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
Broadcasting of programmes in Gaelic on Channel 3 in Scotland.
Duty of BBC to include independent productions in their television services.
Offence of supporting proscribed foreign satellite services.
Power to make copies of recordings.
Offences by bodies corporate.
Unauthorised decoders for encrypted services etc.
Membership
183A
- (1) The Service shall consist of not more than twelve members.
- (2) The members of the Service are to be appointed by OFCOM
- (3) OFCOM must appoint one of the members to be the chairman of the Service.
- (4) The approval of the Scottish Ministers is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.
- (5) The members of the Service must include—
- (a) a member nominated by the BBC;
- (b) a member nominated by Highlands and Islands Enterprise; and
- (c) a member nominated by Bòrd na Gàidhlig.
- (6) When appointing members of the Service, OFCOM must have regard to—
- (a) the desirability of having members of the Service who are proficient in written and spoken Gaelic; and
- (b) any guidance issued by the Scottish Ministers for the purposes of this section.
- (7) OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the independent television and radio production industries in Scotland;
- (d) other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.
- (8) Schedule 19 to this Act shall have effect with respect to the Service.
- (9) In this section—
- “Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005
- “regional Channel 3 service” has the same meaning as in Part 1.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contributions towards maintenance of national television archive.
Entry and search of premises.
8A
- (1) The Service must pay all their receipts to OFCOM.
- (2) OFCOM must hold amounts received by them under this paragraph to the credit of the Gaelic Broadcasting Fund (and, accordingly, those amounts are not to be regarded as forming part of OFCOM’s revenues).
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer to BBC of functions connected with television licences.
Offence of supporting proscribed foreign satellite services.
Digital switchover
97A
- (1) The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.
- (2) When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).
- (3) The Secretary of State—
- (a) may nominate different dates for different services, and
- (b) may give notice to OFCOM withdrawing a nomination under this section.
- (4) In this section and section 97B—
- “date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;
- “post-commencement service” means a local service, national service or additional service that is provided under a licence that—was granted on or after the day on which this section comes into force, orhas been renewed under section 103B or 104AA.
97B
- (1) This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).
- (2) If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).
- (3) OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.
- (4) If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.
- (5) If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends—
- (a) on that date, or
- (b) before that date (and after the date when it would have otherwise ended),
if the licence holder consents to the variation.
Procedure to be followed by Authority in connection with consideration of applications for national licences.
103B
- (1) A national licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).
- (2) Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to subsections (3) and (3A).
- (3) Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—
- (a) subsection (4)(b),
- (b) in subsection (4)(c), the words from “or OFCOM” to the end,
- (c) subsection (6)(a),
- (d) subsection (8)(a), and
- (e) subsection (9)(c).
- (3A) Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
- (a) the renewal of the licence in question would be the third renewal under this section,
- (b) OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
- (c) the determination is made as soon as practicable after that day.
- (4) Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.
Additional payments to be made in respect of additional services licences.
104AA
- (1) A local licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (subject to the following provisions of this section and section 104AB).
- (2) A local licence may be renewed under this section only if—
- (a) it has been renewed under section 104A, or
- (b) it is granted on or after the day on which this section comes into force ....
- (3) Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) to (5).
- (4) Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.
- (4ZA) Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—
- (a) the condition in section 104A(5)(a) is met,
- (b) the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and
- (c) the alternative condition in subsection (4ZB) below is met instead.
- (4ZB) The alternative condition is met if—
- (a) in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—
- (i) a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and
- (ii) a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and
- (b) OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).
- (4ZC) Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—
- (a) a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and
- (b) a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.
- (4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
- (a) the renewal of the licence in question would be the third renewal under this section,
- (b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
- (c) the determination is made as soon as practicable after that day.
- (5) In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—
- (a) subsections (4) and (13)(b) were omitted,
- (b) references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, ...
- (c) references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB , and
- (d) references to the nominated small-scale radio multiplex service were omitted.
- (6) In this section and sections 104AB and 104AC—
- “approved licence” means a local licence approved by OFCOM for the purposes of this section;
- “local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.
- “small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.
- (7) Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—
- (a) the licence proposed to be approved, and
- (b) a period in which representations may be made to OFCOM.
104AB
- (1) For the purposes of section 104AA, a “national nomination” by an applicant for the renewal of an approved licence is the nomination of—
- (a) a national digital sound programme service provided or to be provided by the applicant, and
- (b) a national radio multiplex service.
- (2) A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.
- (3) The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.
- (4) A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.
104AC
- (1) This section applies where—
- (a) a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,
- (b) an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and
- (c) the nomination specifies the licence mentioned in paragraph (a) in accordance with section 104AB(4).
- (2) OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—
- (a) removing the local digital services condition, and
- (b) adding a national digital services condition.
- (3) OFCOM must have received an application for the variation from the licence holder.
- (4) OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.
- (5) In this section—
- “local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;
- “national digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that the nominated national digital sound programme service is broadcast by means of the nominated national radio multiplex service until the day on which the licence (as renewed under section 104A) is to expire;
- “nominated” means nominated in the nomination referred to in subsection (1)(b).
Additional payments to be made in respect of additional services licences.
Consultation about change of character of local services
Additional services not to interfere with other transmissions.
Additional services not to interfere with other transmissions.
Duty of BBC to include independent productions in their television services.
105A
- (1) This section applies if the Secretary of State—
- (a) has not nominated a date for digital switchover under section 97A for one or more relevant renewed services, or
- (b) has withdrawn the nomination of such a date and has not nominated another such date under that section.
- (2) The Secretary of State may give notice to OFCOM fixing a date (the “termination date”) in relation to that service or such of those services as are specified or described in the notice.
- (3) The Secretary of State may fix different dates for different services but may not fix a date falling before 31 December 2015.
- (4) If the period for which a licence to provide a relevant renewed service is to continue in force ends after the termination date fixed for the service, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (5).
- (5) OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.
- (6) If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.
- (7) “Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.
Licensable sound programme services.
Preparation by Council of code relating to broadcasting standards.
Additional payments to be made in respect of additional services licences.
Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
Requirements as to character and coverage of national and local services.
Date for digital switchover
Special application procedure for local licences.
The Broadcasting Standards Council.
Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
Duty of BBC to include independent productions in their television services.
Defamatory material.
Duty to provide advance information about programmes.
Broadcasting of programmes in Gaelic on Channel 3 in Scotland.
Entry and search of premises.
Licensing of additional services.
The Broadcasting Standards Council.
Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
Offences by bodies corporate.
Regulation by Commission of provision of television services.
Establishment of Channel 3.
Applications for Channel 3 licences.
Enforcement of licences held by BBC companies.
Date for digital switchover
Defamatory material.
Duty to provide advance information about programmes.
Offence of supporting proscribed foreign satellite services.
Transfer to BBC of functions connected with television licences.
Offences by bodies corporate.
18A
- (1) For the purposes of section 18(3B) or (3C), the qualifying revenue for an accounting period of a holder of a Channel 3 licence is the aggregate of—
- (a) the qualifying revenue for that accounting period of the licence holder which derives from that licensed service, and
- (b) the qualifying revenue for that accounting period of the licence holder which derives from any on-demand programme service, non-UK on-demand programme service or television programme service that is—
- (i) provided by the licence holder or a person associated with the licence holder, and
- (ii) included in an internet programme service that is designated under section 362AA(2) of the Communications Act 2003 as a service provided by the licence holder or as a service provided by a person associated with the licence holder.
- (2) Section 19(2) to (6) applies for determining the qualifying revenue referred to in subsection (1)(a).
- (3) Section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from an on-demand programme service or a non-UK on-demand programme service.
- (4) Section 19(2) and (4) to (6) applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from a television programme service as if—
- (a) in section 19(2) and (6), references to a Channel 3 service were references to the television programme service,
- (b) in section 19(2), (4) and (6), references to the holder of a Channel 3 licence were references to the provider of the television programme service, and
- (c) in section 19(2) and (6), the words “of the licence holder” were omitted.
- (5) Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of this section as it applies for the purposes of Part 3A of that Act.
- (6) For the purposes of this section—
- (a) the person who provides an internet programme service is the person treated for the purposes of Part 3A of the Communications Act 2003 as providing that service (see section 362AZ12 of that Act), and
- (b) the person who provides an on-demand programme service or a non-UK on-demand programme service is the person treated for the purposes of Part 4A of that Act as providing that service (see section 368R of that Act).
- (7) In this section—
- “designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AZ12(1));
- “on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in Part 4A of that Act (see section 368A).
23A
- (1) The Corporation must carry on their activities in the way that they have reasonable grounds to consider would be most likely to enable the Corporation, over the long term—
- (a) to maintain or increase the amount of activity that is done in pursuance of their primary functions, and
- (b) to be securely in a position to meet costs incurred in the carrying out of their primary functions.
- (2) In this section, “primary functions” has the same meaning as in section 199(1) of the Communications Act 2003.
56A
- (1) A Board of S4C is established.
- (2) That Board—
- (a) is to be known as the S4C Board or (in Welsh) Bwrdd S4C, and
- (b) is to be constituted in accordance with this Act.
- (3) Except where otherwise provided by or under any enactment, the duties and powers of S4C are to be discharged and exercised by the S4C Board on behalf of S4C.
- (4) Schedule 6A makes further provision about the S4C Board.
Function and duties of Welsh Authority.
Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
Defamatory material.
Duty to provide advance information about programmes.
Offence of supporting proscribed foreign satellite services.
Transfer to BBC of functions connected with television licences.
Schedule 6A
1
- (1) The S4C Board is to consist of—
- (a) non-executive members, and
- (b) executive members.
- (2) The non-executive members are to be—
- (a) a chair, and
- (b) at least five, and not more than eight, other non-executive members.
- (3) It is for the Secretary of State—
- (a) to decide, in accordance with sub-paragraph (2)(b), the number of other non-executive members;
- (b) to appoint the non-executive members.
- (4) The executive members are to be—
- (a) the employee of S4C holding the position of, or acting as, Chief Executive of S4C, and
- (b) at least one and not more than two other employees of S4C.
- (5) It is for the non-executive members, in accordance with sub-paragraph (4)(b)—
- (a) to decide the number of other executive members;
- (b) to appoint the other executive members.
- (6) A person making an appointment under this paragraph must do so with a view to ensuring that, collectively, the members of the S4C Board have the range of skills and experience needed for the effective running of S4C.
2
- (1) The members of the S4C Board must not at any time include a person who is a member or an employee of the BBC.
- (2) The members of the S4C Board must not at any time include a person who is a member or an employee of OFCOM.
- (3) The Secretary of State must—
- (a) before appointing a person to be a non-executive member of the S4C Board, be satisfied that the person will not have any financial or other interest likely to affect prejudicially the discharge of that person’s duties as a member of the S4C Board, and
- (b) from time to time consider, in respect of each non-executive member of the S4C Board, whether that member has any such interest.
3
- (1) A member of the S4C Board holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.
- (2) A non-executive member must be appointed for a fixed term of not more than five years.
- (3) A person who has held office as a non-executive member for two consecutive terms may not be re-appointed as a non-executive member until the end of the five years beginning with the end of the second of those terms.
- (4) A non-executive member ceases to be a member of the S4C Board if the member—
- (a) becomes an employee of S4C, or
- (b) resigns from office by giving written notice to the Secretary of State.
- (5) An executive member under paragraph 1(4)(a) ceases to be a member of the S4C Board on ceasing to be the Chief Executive of S4C.
- (6) Any other executive member ceases to be a member of the S4C Board if the member—
- (a) ceases to be an employee of S4C, or
- (b) resigns from office by giving written notice to S4C.
4
- (1) S4C may pay to each non-executive member of the S4C Board such remuneration and allowances as the Secretary of State may determine.
- (2) S4C may pay or make provision for paying to or in respect of any non-executive member of the S4C Board such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.
- (3) S4C may pay compensation, of such amount as the Secretary of State may determine, to a person where—
- (a) the person ceases to be a non-executive member of the S4C Board otherwise than on the expiry of the person’s term of office, and
- (b) it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.
5
- (1) The S4C Board may regulate its own procedure (including quorum), subject to the provisions of paragraphs 6 and 7.
- (2) The S4C Board may make arrangements providing for the discharge of any of the S4C Board’s functions by—
- (a) a committee, or
- (b) one or more persons each of whom is either a member of the S4C Board or an employee of S4C.
6
In managing the affairs of S4C the S4C Board must have regard to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to S4C.
7
- (1) A member of the S4C Board who has an interest, whether directly or indirectly, in any matter that is brought up for consideration at a meeting of the S4C Board must disclose the nature of that interest to the meeting.
- (2) Where a disclosure is made under sub-paragraph (1)—
- (a) the disclosure must be recorded in the minutes of the meeting, and
- (b) subject to sub-paragraph (3), the member must not take part in any deliberation or decision of the S4C Board, or any of its committees, with respect to that matter.
- (3) Sub-paragraph (2)(b) does not apply in relation to a meeting of the S4C Board at which all the other members present resolve that the member’s interest is to be disregarded for the purposes of that provision.
- (4) For the purposes of sub-paragraph (1)—
- (a) a general notification given at a meeting of the S4C Board that the member is to be regarded as interested in any matter involving a specified organisation is to be regarded as a sufficient disclosure of the member’s interest in relation to any such matter, and
- (b) a member may make a disclosure under that sub-paragraph without attending a meeting of the S4C Board if the member takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at a meeting.
- (5) References in this paragraph to a meeting of the S4C Board include references to a meeting of any of its committees.
8
The validity of any proceedings of S4C or the S4C Board is not affected by—
- (a) any vacancy among the members of the S4C Board,
- (b) any defect in the appointment of a member of the S4C Board, or
- (c) a failure to comply with the requirements of paragraph 7.
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