Communications Act 2003

Saving for owner’s rights

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SCHEDULE 8

Prosecutions and civil proceedings

1

A decision to institute, bring or carry on any criminal or civil proceedings.

2

A decision (other than one under section 119) to take preliminary steps for the purpose of enabling any such proceedings to be instituted.

This Act

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A decision relating to the making or revision of a statement under section 38.

4

A decision required to be published in a notification under section 44(4).

5

A decision given effect to by an order under section 55.

6

A decision given effect to by regulations under section 66.

7

A decision given effect to by regulations under section 71 or under section 71(4) to (7) as applied by section 72H(4).

8

A decision required to be published in a notification under section 108(4).

9

A decision given effect to by an order under section 122.

10

A decision relating to the making or revision of a statement under section 131.

11

A decision given effect to by an order under section 134(6).

12

A decision relating to the making or revision of a statement under section 145.

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Wireless Telegraphy Act 1949

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Wireless Telegraphy Act 1998

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SCHEDULE 9

Notification of requirement to submit proposals

1

• (1) It shall be the duty of OFCOM to give a notification under this paragraph to C4C—

• (a) as soon as practicable after the commencement of this Schedule,

• (aa) as soon as practicable after the day on which section 198A comes into force,

• (ab) as soon as practicable after the day on which section 3 of the Media Act 2024 comes into force, and

• (b) as soon as practicable in the last twelve months preceding each date on which the replacement licence granted in accordance with section 231 would expire if not renewed.

• (2) A notification under this paragraph is one requiring C4C to submit proposals to OFCOM in accordance with this Schedule for the relevant licence period.

• (3) A notification under this paragraph must specify the period within which C4C must submit their proposals.

• (4) The period specified under sub-paragraph (3) must be a period ending not less than three months after the day of the giving of the notification.

Submission of proposed arrangements

2

• (1) This paragraph applies where C4C have received a notification under paragraph 1.

• (2) C4C must, within the period set out in the notification, submit proposals to OFCOM for the arrangements under which they are proposing to secure, so far as reasonably practicable, that all significant risks that their other activities will have an adverse effect on the carrying out, during the relevant licence period, of their primary functions are—

• (a) identified;

• (b) evaluated; and

• (c) properly managed.

• (3) The proposals must include proposals for the arrangements that C4C consider appropriate for securing the transparency objectives during the relevant licence period.

• (4) For the purposes of this Schedule the transparency objectives are—

• (a) an appropriate financial and organisational separation between the activities of C4C that relate to the carrying out of their primary functions and their other activities; and

• (b) an appropriate degree of transparency in financial and other reporting where resources are shared between separated activities or where there is some other financial or practical connection between otherwise separated activities.

• (5) The matters to which the proposals submitted under this paragraph may relate include, in particular, the procedures and other practices to be followed by C4C in the case of—

• (a) the initiation and management of new ventures;

• (b) the exercise of particular powers;

• (c) the assessment of risks;

• (d) the imposition of charges; and

• (e) the keeping of records.

• (6) The determination of what is appropriate for the purposes of sub-paragraphs (3) and (4) is not to be confined to a determination of what is appropriate for securing the matters mentioned in sub-paragraph (2).

• (7) The arrangements proposed by C4C must contain provision for compliance with the arrangements to be checked regularly by a person appointed in accordance with that provision.

• (8) That person must be a person other than the person for the time being holding an appointment for the purposes of paragraph 12(2) of Schedule 3 to the 1990 Act (C4C’s auditor).

Consideration and approval of proposals

3

• (1) OFCOM must consider every proposal or revised proposal submitted to them by C4C under paragraph 2 or this paragraph and may do one of the following—

• (a) approve the proposed arrangements;

• (b) approve them with such modifications as they may notify to C4C;

• (c) require C4C to submit revised proposals in accordance with directions given by OFCOM.

• (2) Before—

• (a) making modifications of proposed arrangements for the purpose of approving them, or

• (b) requiring the submission of revised proposals,

OFCOM must consult C4C.

Duration of approval and modification of arrangements

4

• (1) Arrangements approved under this Schedule are to remain in force (subject to the following provisions of this paragraph) throughout the licence period to which they relate.

• (2) The arrangements for the time being approved under this Schedule for any licence period may be modified, by agreement between OFCOM and C4C, at any time during the licence period for which they apply.

• (3) OFCOM may carry out a review of the arrangements for the time being approved under this Schedule.

• (4) The reviews that may be carried out under this paragraph in any one licence period are confined to either—

• (a) one review relating to all the arrangements; or

• (b) two reviews carried out at separate times as follows—

• (i) one (whether the first or second) relating to the arrangements for securing the transparency objectives; and

• (ii) the other relating to other matters.

• (5) On a review under this paragraph, OFCOM may require C4C to submit proposals for modifying the arrangements for the time being approved under this Schedule so far as they relate to the matters under review.

• (6) Paragraph 3 applies where proposals are submitted to OFCOM under sub-paragraph (5) as it applies where they are submitted under paragraph 2.

Publication of approved arrangements

5

• (1) OFCOM must publish all arrangements approved by them under this Schedule.

• (2) The publication of anything under this paragraph must be in such manner as OFCOM consider appropriate for bringing it to the attention of members of the public.

Duty of C4C to act in accordance with the approved arrangements

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It shall be the duty of C4C to act in accordance with the arrangements for the time being in force under this Schedule.

nforcement of duties

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• (1) This paragraph applies to—

• (a) every duty of C4C under this Schedule to submit proposals to OFCOM; and

• (b) the duty imposed on C4C by paragraph 6.

• (2) Each of those duties shall be enforceable in civil proceedings by OFCOM—

• (a) for an injunction;

• (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

• (c) for any other appropriate remedy or relief.

Penalty for contravention of the arrangements

8

• (1) OFCOM may impose a penalty on C4C if C4C have contravened—

• (a) a requirement of this Schedule to submit proposals to OFCOM;

• (b) a requirement of arrangements for the time being approved under this Schedule.

• (2) The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying revenue for their last complete accounting period before the contravention.

• (3) Before imposing a penalty on C4C under this paragraph OFCOM must give C4C a reasonable opportunity of making representations to OFCOM about their proposal to impose the penalty.

• (4) Where OFCOM impose a penalty on C4C under this paragraph, they shall—

• (a) notify C4C; and

• (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

• (5) In the case of a continuing contravention—

• (a) separate penalties may be imposed in respect of different periods during which the contravention continues;

• (b) the notification of the penalty must specify the period in respect of which the penalty is imposed; and

• (c) the reference in sub-paragraph (2) to the last complete accounting period before the contravention is a reference to the last complete accounting period before the end of the period in respect of which the penalty is imposed.

• (6) A penalty imposed under this paragraph must be paid to OFCOM within the period fixed by them.

• (7) Section 18A of the 1990 Act, with any necessary modifications, has effect in relation to C4C for the purposes of this paragraph as it has effect in relation to the holder of a Channel 3 licence for the purposes of Part 1 of the 1990 Act; and Part 1 of Schedule 7 to the 1990 Act has effect as if C4C’s qualifying revenue for an accounting period were being ascertained for the purposes of a provision of Part 1 of the 1990 Act.

OFCOM’s duty to take account of need to support C4C’s primary functions

9

In exercising their powers under this Schedule OFCOM must have regard, in particular, to the need to secure, so far as practicable, that all significant risks that C4C’s other activities will have an adverse effect on the carrying out of their primary functions are—

• (a) identified;

• (b) evaluated; and

• (c) properly managed.

Interpretation of Schedule

10

In this Schedule—

• “arrangements” means arrangements about the procedures and other practices to be followed by C4C and about other matters connected with the carrying on by them of any of their activities;

• “licence period” means—the period for which the replacement licence is granted to C4C in accordance with section 231; orany subsequent period for which it is renewed;

• “primary functions” is to be construed in accordance with section 199(2);

• “relevant licence period”—in relation to the first notification to be given under paragraph 1, the licence period mentioned in paragraph (a) of the definition of that period;in relation to the notification under paragraph 1(1)(aa), the period beginning on the day on which section 198A comes into force and ending on the last day of the first licence period to expire after that day; andin relation to any other notification under paragraph 1 , the first licence period to begin after the giving of the notification;

• “transparency objectives” is to be construed in accordance with paragraph 2(4).

SCHEDULE 10

Part 1 — Applications for and award of licence

Notice of proposal to grant licence

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Guidance as to applications

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Applications for the licence

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Notice inviting public representations

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Determination of applications

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Revocation of award

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Part 2 — Conditions and enforcement of licence

Payments to be made in respect of the public teletext service

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Corrections and statements of findings by the public teletext provider

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Enforcement of the licence for the public teletext service

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Power to shorten licence period

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Revocation for contravention of condition or direction

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Penalty on revocation

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Power to modify penalties in paragraph 12

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Part 3 — Interpretation of Schedule

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SCHEDULE 11

Application of Schedule

1

• (1) This Schedule applies where OFCOM’s approval of networking arrangements entered into by the holders of regional Channel 3 licences is required—

• (a) for the purposes of conditions included in regional Channel 3 licences in accordance with section 291; or

• (b) in order for networking arrangements made by OFCOM to cease to have effect in accordance with section 292.

• (2) This Schedule also has effect as respects—

• (a) the imposition by OFCOM under section 292 of networking arrangements;

• (b) the modification of such arrangements following a review under section 293; and

• (c) the making of proposals for modifications of networking arrangements following such a review.

Approval required for modifications

2

• (1) Where networking arrangements are approved by OFCOM for purposes mentioned in paragraph 1(1), those arrangements are not to be modified unless OFCOM have approved the modifications in accordance with this Schedule.

• (2) This paragraph does not apply to modifications proposed by OFCOM under section 293.

Procedure for giving approval

3

• (1) This paragraph applies where arrangements or modifications are submitted to OFCOM for their approval.

• (2) OFCOM must publish a description of the arrangements or modifications that have been submitted.

• (3) The publication must be in such manner as OFCOM consider appropriate for bringing the matters published to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the arrangements or modifications.

• (4) After allowing a reasonable time after the publication for the making of representations, OFCOM must consider the arrangements or modifications and decide whether or not to approve them.

Decision of OFCOM whether or not to approve arrangements or modifications

4

• (1) The decision made by OFCOM under paragraph 3(4) has to be one of the following—

• (a) a decision to approve the arrangements or modifications unconditionally;

• (b) a decision to give a conditional approval to the arrangements or modifications;

• (c) a decision to refuse approval.

• (2) A conditional approval is one that has effect only if effect is given, in relation to the proposed arrangements or modifications, to changes proposed by OFCOM.

• (3) Before deciding to give a conditional approval, OFCOM must consult every holder of a regional Channel 3 licence about the changes they are proposing.

• (4) When OFCOM have made their decision, they must prepare a report setting out—

• (a) their decision; and

• (b) their reasons for that decision.

• (5) OFCOM must publish the report and send a copy of it to—

• (a) the Competition and Markets Authority ; and

• (b) every person to whom the relevant arrangements will apply, or do apply.

• (6) The relevant arrangements are—

• (a) the arrangements for which approval has been sought; or

• (b) the arrangements which are the subject of the modifications for which approval has been sought.

Notification of decisions on imposition of arrangements

5

• (1) Where OFCOM impose arrangements they must prepare and publish a report setting out details of the imposed arrangements.

• (2) Where OFCOM carry out a review under section 293, they must prepare and publish a report setting out—

• (a) their conclusions on the review;

• (b) their reasons for those conclusions; and

• (c) the modifications (if any) that they are proposing, or intend to make, following the review.

• (3) OFCOM must send a copy of a report prepared under this paragraph to—

• (a) the Competition and Markets Authority ; and

• (b) every person to whom the relevant arrangements will apply or do apply.

• (4) The relevant arrangements are—

• (a) the arrangements which are imposed; or

• (b) the arrangements which are the subject of the modifications proposed by OFCOM or to be made by them.

Competition tests applying to OFCOM’s decisions

6

• (1) OFCOM must not—

• (a) approve arrangements or modifications,

• (b) impose arrangements or modify imposed arrangements, or

• (c) propose modifications following a review under section 293,

unless they are satisfied that the arrangements, or the arrangements as proposed to be modified, satisfy the first or second competition test.

• (2) Before making a decision about whether a competition test is satisfied OFCOM must consult the Competition and Markets Authority .

• (3) Arrangements satisfy the first competition test if they do not have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom.

• (4) Arrangements satisfy the second competition test if—

• (a) they do have such an object or effect; but

• (b) they would satisfy the criteria set out in section 9 of the Competition Act 1998 (c. 41) (agreements contributing to improving the production or distribution of goods or to promoting technical or economic progress).

• (5) For the purposes of the second competition test, arrangements imposed by OFCOM and modifications of such arrangements are to be treated as if they were given effect to by an agreement between undertakings.

• (6) Subject to paragraph 6A, in determining whether arrangements or modified arrangements would satisfy either of the competition tests, OFCOM must act with a view to securing that there is no inconsistency between—

• (a) the principles they apply and the decision they reach; and

• (b) any principles or decisions referred to in sub-paragraph (7).

• (7) Those principles and decisions are—

• (a) the principles laid down by the Treaty on the Functioning of the European Union and the European Court before IP completion day, and any decisions made by that court before IP completion day, that are relevant to the construction of Article 101 of that Treaty; and

• (b) any decisions under Part 1 of the Competition Act 1998, and any decisions of a court in the United Kingdom, that are relevant to the construction of a provision of that Act that is equivalent to the provisions of this Schedule imposing the competition tests.

• (7A) In sub-paragraph (7)(a), the reference to principles laid down before IP completion day is a reference to such principles as they have effect in EU law immediately before IP completion day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after IP completion day.

• (8) In the case of a conditional approval, the requirements of this paragraph have to be satisfied in relation to the arrangements or modified arrangements as they will be after giving effect to the changes proposed by OFCOM.

• (9) In this paragraph, the “European Court” includes a court attached to the European Court.

Other matters to be taken into account

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• (1) OFCOM must not—

• (a) approve arrangements or modifications,

• (b) impose arrangements or modify imposed arrangements, or

• (c) propose modifications following a review under section 293,

unless they consider that the arrangements, or the arrangements as proposed to be modified, are satisfactory.

• (2) OFCOM’s consideration under sub-paragraph (1) must include consideration of the following two factors.

• (3) The first factor is whether the arrangements, or the arrangements as proposed to be modified, represent a satisfactory means of achieving the purpose set out in section 290(4)(c).

• (4) The second factor is the likely effect of the arrangements, or the arrangements as modified, on the ability of the persons who will be or are the holders of regional Channel 3 licences, or of any of them, to maintain the quality and range of—

• (a) regional programmes included in regional Channel 3 services; and

• (b) the other programmes included in such services which contribute to the regional character of the services.

• (5) In this paragraph “regional programme”, in relation to a regional Channel 3 service, means a programme (including a news programme) which is of particular interest—

• (a) to persons living within the area for which the service is provided;

• (b) to persons living within a part of that area; or

• (c) to particular communities living within that area.

Duty to refuse approval in certain cases

8

• (1) This paragraph applies to a decision by OFCOM—

• (a) to approve arrangements or modifications;

• (b) to impose arrangements or to modify imposed arrangements; or

• (c) to propose modifications following a review under section 293.

• (2) OFCOM must not make that decision if it appears to them that the arrangements, or the arrangements as proposed to be modified, would be likely to be prejudicial to the ability of holders of regional Channel 3 licences, or of any of them, to comply with—

• (a) their public service remits;

• (b) conditions imposed on them under section 286;

• (c) conditions imposed on them under section 287; or

• (d) conditions imposed on them under section 352.

Appeals against decisions relating to competition test

9

• (1) A person holding a regional Channel 3 licence may appeal to the Tribunal against the following decisions by OFCOM—

• (a) a decision on how to dispose of an application for the approval of arrangements or modifications;

• (b) a decision to impose arrangements or to modify imposed arrangements; or

• (c) a decision to propose modifications following a review under section 293.

• (2) An appeal can be made only by sending the Tribunal a notice of appeal within the period specified, in relation to the decision appealed against, in Tribunal rules.

• (3) The notice of appeal must set out the grounds of appeal.

• (4) The only grounds on which an appeal may be brought are—

• (a) that OFCOM have wrongly decided that a competition test is or is not satisfied in relation to arrangements or modifications submitted to them for approval;

• (b) that a competition test is not satisfied in the case of arrangements proposed by OFCOM;

• (c) that provisions contained in arrangements proposed by OFCOM for satisfying a competition test are not required for that purpose;

• (d) that the requirement to satisfy a competition test should be discharged in a different manner from that in which it would be satisfied in accordance with arrangements proposed by OFCOM.

• (5) In sub-paragraph (4) “arrangements proposed by OFCOM” means—

• (a) arrangements or modified arrangements as they will have effect after giving effect to changes proposed by OFCOM in giving a conditional approval;

• (b) arrangements imposed by them;

• (c) imposed arrangements as modified by them;

• (d) arrangements as modified by proposals made by OFCOM following a review under section 293.

• (6) The holder of a regional Channel 3 licence is not required by the conditions of his licence to take steps for giving effect to a decision of OFCOM at any time when an appeal under this Schedule against that decision is pending.

Decisions on an appeal

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• (1) Appeals to the Tribunal under paragraph 9 are to be disposed of in accordance with this paragraph.

• (2) The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal.

• (3) The Tribunal shall decide what (if any) is the appropriate decision for OFCOM to have made in relation to the matters to which those grounds relate.

• (4) The Tribunal shall then either—

• (a) confirm OFCOM’s decision; or

• (b) remit the matter to OFCOM with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision.

• (5) The Tribunal must not direct OFCOM to take any action which they would not otherwise have had power to take in relation to the matter under appeal.

• (6) It shall be the duty of OFCOM to comply with every direction given to them under sub-paragraph (4).

• (7) In its application to a decision of the Tribunal under this paragraph, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (c. 40) (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if for the reference to the undertaking to which commercial information relates there were substituted a reference to the person to whom such information relates.

Appeals against decisions of the Tribunal

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• (1) A decision of the Tribunal on an appeal under paragraph 9 may itself be appealed.

• (2) An appeal under this paragraph—

• (a) lies to the Court of Appeal or to the Court of Session; and

• (b) must relate only to a point of law arising from the decision of the Tribunal.

• (3) An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal.

• (4) An appeal under this paragraph requires the permission of the Tribunal or of the court to which it is to be made.

• (5) In this paragraph references to a decision of the Tribunal include references to a direction given by it under paragraph 10(4).

Information for OFCOM

12

• (1) OFCOM may by notice require a person—

• (a) to produce to them such documents specified or described in the notice, or

• (b) to furnish them with such other information so specified or described,

as they consider necessary in order to determine for the purposes of section 293 or this Schedule whether the competition tests are satisfied.

• (2) A requirement imposed by a notice under this paragraph has to be complied with by producing the document, or by furnishing the required information, at the time and place specified in the notice.

• (3) If the requirement is one for the furnishing of information otherwise than by the production of a document, the information must be furnished in the manner specified in the notice.

• (4) The only documents that a person is required to produce by a notice under this paragraph are those that are in his custody or under his control—

• (a) at the time of the notice; or

• (b) at a time between that time and the time when the notice must be complied with.

Enforcement of information provisions

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• (1) The court may, on an application by OFCOM, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a requirement contained in a notice under paragraph 12.

• (2) An application under sub-paragraph (1) shall include details of the possible failure which OFCOM consider has occurred.

• (3) In enquiring into a case under sub-paragraph (1), the court shall hear—

• (a) any witness who may be produced against or on behalf of the defaulter; and

• (b) any statement which may be offered in defence.

• (4) Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or failed, without reasonable excuse, to comply with the requirement contained in the notice under paragraph 12.

• (5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

• (6) Where the defaulter is a body corporate, the power of the court to punish the defaulter includes power to punish a director or officer of the body corporate.

• (7) Where the defaulter is a partnership constituted under the law of Scotland, the power of the court to punish the defaulter includes power to punish a member of the partnership.

• (8) A person is guilty of an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 12.

• (9) A person is guilty of an offence if—

• (a) he supplies information to OFCOM in purported compliance with a notice given to him under paragraph 12;

• (b) the information is false or misleading in a material respect; and

• (c) he knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.

• (10) A person is guilty of an offence if—

• (a) he supplies information to another person knowing that the information is to be used for complying with a notice under paragraph 12;

• (b) the information is false or misleading in a material respect; and

• (c) he knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.

• (11) A person guilty of an offence under this paragraph shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

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

• (12) In this paragraph “the court” means—

• (a) in relation to England and Wales, the High Court;

• (b) in relation to Scotland, the Court of Session; and

• (c) in relation to Northern Ireland, the High Court or a judge of the High Court.

Confidentiality and defamation

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• (1) When publishing a report prepared under paragraph 4 or 5, OFCOM must have regard to the need to exclude from the publication, so far as practicable, the matters which are confidential in accordance with sub-paragraphs (2) and (3).

• (2) A matter is confidential under this sub-paragraph if—

• (a) it relates specifically to the affairs of a particular body; and

• (b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

• (3) A matter is confidential under this sub-paragraph if—

• (a) it relates to the private affairs of an individual; and

• (b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

• (4) For the purposes of the law of defamation absolute privilege attaches to every report prepared under paragraph 4 or 5.

Interpretation of Schedule

15

In this Schedule—

• “competition test” is to be construed in accordance with paragraph 6;

• “the Tribunal” means the Competition Appeal Tribunal; and

• “Tribunal rules” means rules made under section 15 of the Enterprise Act 2002 (c. 40).

SCHEDULE 12

Part 1 — The BBC

Quotas for independent productions

1

• (1) It shall be the duty of the BBC to secure that, in each year—

• (a) it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, and

• (b) the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.

• (2) In this paragraph—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and

• (c) a reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may also by order provide for the BBC to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1).

• (5) That duty is a duty to secure that —

• (a) in each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, and

• (b) the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.

• (6) The power to make an order under sub-paragraph (4) includes power to provide that the BBC are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph.

• (7) The Secretary of State is not to make an order for the BBC to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless—

• (a) OFCOM have made a recommendation to him that the BBC should be subject to that duty, or should cease to be subject to it; and

• (b) the order gives effect to that recommendation.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The BBC must comply with directions given to them by OFCOM for the purpose of—

• (a) carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); and

• (b) thereby increasing the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) Before making an order under this paragraph the Secretary of State must consult OFCOM and the BBC.

• (13) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (14) In this paragraph—

• “acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).

Duty to publicise complaints procedures etc.

2

• (1) It shall be the duty of the BBC to make arrangements for securing that the matters mentioned in sub-paragraph (2) are brought to the attention of the public (whether by means of broadcasts or otherwise).

• (2) Those matters are—

• (a) OFCOM’s functions under Part 5 of the 1996 Act in relation to services provided by the BBC; and

• (b) any procedures established by OFCOM or the BBC for the handling and resolution of complaints about the observance by the BBC of standards set under section 319 or about compliance by the BBC with the requirements imposed by section 368D and section 368E(4).

Part 2 — S4C

Public service remits of the Welsh Authority services

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Secretary of State may by order amend section 204A for the purpose of modifying S4C’s public service remit.

• (6) Before making an order under sub-paragraph (5), the Secretary of State must consult—

• (a) S4C, and

• (b) OFCOM.

• (7) An order under sub-paragraph (5) must not contain provision inconsistent with a requirement that a substantial proportion of audiovisual content made available by S4C is in Welsh.

• (7A) In sub-paragraph (7) “audiovisual content” has the same meaning as in section 264.

• (7B) Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of sub-paragraph (7) as it applies for the purposes of that section.

• (8) No order is to be made containing provision authorised by sub-paragraph (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Statements of programme policy

4

• (1) It shall be the duty of S4C—

• (a) as soon as practicable after the coming into force of this paragraph, and subsequently at annual intervals, to prepare a statement of programme policy; and

• (b) to monitor their own performance in the carrying out of the proposals contained in statements made under this paragraph.

• (2) Every statement of programme policy prepared under this paragraph must set out S4C’s proposals for securing that, during the following year—

• (a) S4C’s public service remit is fulfilled; and

• (b) S4C’s duties under the provisions of this Schedule will be performed.

• (2A) Every such statement must—

• (a) state whether relevant audiovisual services other than S4C Digital will be used, during the following year, to fulfil S4C’s public service remit, and

• (b) if so, set out S4C’s proposals as to the contributions that S4C Digital and other relevant audiovisual services will make.

• (3) Every such statement must contain a report on the performance of S4C in the carrying out during the period since the previous statement of the proposals contained in that previous statement.

• (4) When preparing such a statement, S4C must consider—

• (a) any guidance by OFCOM that is in force for the purposes of section 266; and

• (b) any reports previously published by OFCOM under section 264 or 358.

• (5) Every such statement must be published by S4C as soon as practicable after its preparation is complete.

• (6) OFCOM may direct that any statement of policy which—

• (a) was made by S4C before the coming into force of this paragraph, and

• (b) is specified in the direction,

is to be treated for the purposes of this Act as if it were a statement made in relation to such period as may be so specified in pursuance of this paragraph.

• (7) A direction under sub-paragraph (6) cannot contain provision the effect of which is to postpone the time at which S4C would otherwise be required to make its first statement of programme policy.

Must-offer obligations in relation to networks and satellite services

5

• (1) It shall be the duty of the Welsh Authority to ensure that each of their public digital services is at all times offered as available (subject to the need to agree terms)—

• (a) to be broadcast or distributed by means of every appropriate network; and

• (b) to be broadcast by means of every satellite television service that is available for reception by members of the public in Wales.

• (2) It shall be the duty of the Welsh Authority to do their best to secure that arrangements are entered into, and kept in force, that ensure—

• (a) that each of their public digital services is broadcast or distributed on appropriate networks; and

• (b) that the broadcasting and distribution of each of their public digital services, in accordance with those arrangements, result in the service being available for reception, by means of appropriate networks, by as many members of its intended audience as practicable.

• (3) It shall be the duty of the Welsh Authority to do their best to secure that arrangements are entered into, and kept in force, that ensure—

• (a) that each of their public digital services is broadcast by means of satellite television services that are broadcast so as to be available for reception by members of the public in Wales; and

• (b) that the broadcasting, in accordance with those arrangements, of each of the Authority’s public digital services by means of satellite television services results in its being available for reception in an intelligible form and by means of those services by as many members of its intended audience as practicable.

• (4) The Welsh Authority must secure that the arrangements entered into and kept in force for the purposes of sub-paragraphs (2) and (3) prohibit the imposition, for or in connection with the provision of an appropriate network or a satellite television service, of any charge that is attributable (whether directly or indirectly) to the conferring of an entitlement to receive each of the Authority’s public digital services in an intelligible form by means of that network or service.

• (5) OFCOM may, by a direction to the Welsh Authority, require arrangements made or kept in force for the purposes of sub-paragraphs (2) or (3) to apply in the case of every service which is an ancillary service by reference to one of their public digital services as they apply to the service itself.

• (6) For the purposes of this paragraph a public digital service of the Welsh Authority is to be treated, in relation to particular appropriate networks and satellite television services, as constituting such services comprised in or provided with that public digital service—

• (a) as may be determined by agreement between the Welsh Authority and OFCOM; or

• (b) in default of agreement, as may be directed by OFCOM.

• (7) This paragraph—

• (a) so far as it relates to the broadcasting or distribution of any of the Welsh Authority’s public digital services by means of appropriate networks, applies only in relation to times when that service is included in the list of must-carry services in section 64; and

• (b) so far as it relates to the broadcasting of such a public digital service by means of a satellite television service, applies only in relation to times when that service is included in the list of must-provide services in section 275.

• (8) In this paragraph—

• “appropriate network” means an electronic communications network by means of which public electronic communications services are provided that are used by a significant number of end-users in Wales as their principal means of receiving television programmes;

• “intended audience”, in relation to a public digital service of the Welsh Authority, means—if the service is one provided only for a particular area or locality of Wales, members of the public in that area or locality;if the service is one provided for members of a particular community, members of that community; andin any other case, members of the public in Wales;

• “public digital service”, in relation to the Welsh Authority, means any of their public television services so far as it is provided in digital form; and

• “satellite television service” means a service which—consists in or involves the broadcasting of television programme services from a satellite; andis used by a significant number of the persons by whom the broadcasts are received in an intelligible form as their principal means of receiving television programmes.

• (9) For the purposes of this paragraph an electronic communications network is not an appropriate network in relation to so much of a channel or other service as is provided only for a particular area or locality of Wales unless it is a network by means of which electronic communications services are provided to persons in that area or locality

• (10) In sub-paragraph (8) “public electronic communications service” and “end-user” each has the same meaning as in Chapter 1 of Part 2.

• (11) An order under section 411 must not appoint a day for provisions of this paragraph to come into force that falls less than six months after the day on which the order is made.

Supply of services by satellite in certain areas

6

It shall be the duty of the Welsh Authority—

• (a) to join with the providers of other must-provide services in entering into and maintaining arrangements satisfying the requirements of section 274; and

• (b) to comply with the requirements of any arrangements imposed by OFCOM for the purposes of conditions under subsection (2) of that section.

Programming quotas for independent productions

7

• (1) It shall be the duty of S4C to secure that, in each year—

• (a) it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and

• (b) the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.

• (2) In this paragraph—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and

• (c) a reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may also by order provide for S4C to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1).

• (5) That duty is a duty to secure that —

• (a) in each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and

• (b) the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.

• (6) The power to make an order under sub-paragraph (4) includes power to provide that S4C are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph.

• (7) The Secretary of State is not to make an order for S4C to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless—

• (a) OFCOM have made a recommendation to him that S4C should be subject to that duty, or should cease to be subject to it; and

• (b) the order gives effect to that recommendation.

• (8) S4C must comply with directions given to them by OFCOM for the purpose of—

• (a) carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); and

• (b) thereby increasing the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and S4C.

• (11) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In this paragraph—

• “acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast;

• “programme” does not include an advertisement; ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).

Programme quotas for original productions

8

• (1) It shall be the duty of S4C to secure that, in each year—

• (a) it makes available qualifying audiovisual content that includes a range of original productions,

• (b) the duration (in total) of those original productions is at least the number of hours determined in accordance with sub-paragraph (1B), and

• (c) if OFCOM so provide in a direction given to S4C, the additional peak viewing time objective described in sub-paragraph (1A) is met.

• (1A) The additional peak viewing time objective is that (out of the number of hours determined for the purposes of sub-paragraph (1)(b)) at least the number of hours determined in accordance with sub-paragraph (1B) is allocated to the broadcasting of original productions included in S4C Digital at peak viewing times.

• (1B) A determination for the purposes of sub-paragraph (1)(b) or (1A) is to be—

• (a) by agreement between S4C and OFCOM, or

• (b) in default of agreement, by a direction given by OFCOM to S4C specifying the number of hours.

• (1C) Before giving a direction under sub-paragraph (1)(c), OFCOM must consult S4C.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) References in this paragraph ... to original productions are references to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be original productions for the purposes of this paragraph.

• (7) The power to specify descriptions of programmes by order under sub-paragraph (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit.

• (7A) An order under sub-paragraph (6) may—

• (a) authorise OFCOM to give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting S4C’s duty under sub- paragraph (1);

• (b) require OFCOM to consult S4C before giving such a direction;

• (c) require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (a);

• (d) require S4C to have regard to that guidance.

• (8) Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and S4C.

• (9) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In this paragraph—

• “peak viewing time” ... means a time that is determined in accordance with sub-paragraph (12) to be a peak viewing time for S4C Digital; and

• “programme” does not include an advertisement.

• (12) The determination for the purposes of this paragraph of peak viewing times is to be—

• (a) by agreement between S4C and OFCOM; or

• (b) in default of agreement, by a direction given by OFCOM to S4C determining those times.

• (13) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).

News and current affairs programmes

9

• (1) It shall be the duty of S4C, in relation to their designated public services, to secure—

• (a) that the programmes included in each service include news programmes and current affairs programmes;

• (b) that the news programmes and current affairs programmes included in each service deal with both national and international matters; and

• (c) that the news programmes so included are broadcast for viewing at intervals throughout the period for which the service is provided.

• (2) It shall be the duty of S4C, in relation to each of their designated public services, to ensure that the news programmes and current affairs programmes included in each service are of high quality.

• (3) It shall also be the duty of S4C, in relation to each of their designated public services, to secure that in each year—

• (a) the time allocated to the broadcasting of news programmes included in the service, and

• (b) the time allocated to the broadcasting of current affairs programmes so included,

each constitutes no less than the proportion fixed under sub-paragraph (5) of the time allocated to the broadcasting of all the programmes included in the service.

• (4) It is the further duty of S4C, in relation to each of their designated public services, to secure that the time allocated—

• (a) to the broadcasting of news programmes included in the service, and

• (b) to the broadcasting of current affairs programmes so included,

is, in each case, split, in the manner fixed under sub-paragraph (5), between peak viewing times and other times.

• (5) The fixing for the purposes of sub-paragraph (3) or (4) of a proportion or manner of splitting allocated time is to be—

• (a) by agreement between S4C and OFCOM; or

• (b) in default of agreement, by a direction given by OFCOM to S4C fixing the proportion or manner according to whatever OFCOM consider appropriate.

• (6) The agreement or direction may, for the purposes of sub-paragraph (4), fix a proportion for the purposes of sub-paragraph (3) in terms of the cumulative effect of two different minimum proportions, one applying to peak viewing times and the other to other times.

• (7) The services that are designated public services for the purposes of this paragraph are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) S4C Digital; and

• (c) any of S4C’s other public television services which is designated in writing by the Secretary of State for the purposes of this paragraph ....

• (8) In this paragraph “peak viewing time”, in relation to a service, means a time that is determined in accordance with sub-paragraph (9) to be a peak viewing time for that service.

• (9) The determination for the purposes of this paragraph of a peak viewing time is to be—

• (a) by agreement between S4C and OFCOM; or

• (b) in default of agreement, by a direction given by OFCOM to S4C determining that time.

Code relating to programme commissioning

10

• (1) It shall be the duty of S4C to draw up and from time to time revise a code of practice setting out the principles that are to be applied —

• (a) when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions , or

• (b) when they are agreeing terms for the commissioning of independent productions that will be included in a qualifying audiovisual service other than one to which paragraph (a) relates but which they wish to count towards meeting a duty imposed by virtue of paragraph 7(1) or (4).

• (2) A relevant purpose is a purpose connected with the provision by S4C or an S4C company of a television programme service.

• (3) It shall also be the duty of S4C—

• (a) at all times to comply with the code of practice which is for the time being in force under this paragraph;

• (b) to take all reasonable steps for securing that the code is complied with by S4C companies;

• (c) to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and

• (d) to comply with such directions as may be given to S4C by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b).

• (4) The code for the time being in force under this paragraph must be such as to secure, in the manner described in guidance issued by OFCOM—

• (a) that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;

• (b) that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;

• (c) that there is sufficient transparency about the amounts to be paid in respect of each category of rights;

• (d) that satisfactory arrangements are made about the duration and exclusivity of those rights;

• (e) that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;

• (f) that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;

• (g) that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.

• (h) that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.

• (5) S4C must also ensure that the drawing up or revision of a code by virtue of this paragraph is in accordance with guidance issued by OFCOM as to—

• (a) the times when the code is to be drawn up or reviewed with a view to revision;

• (b) the consultation to be undertaken before a code is drawn up or revised;

• (c) the publication of every code or revised code.

• (6) S4C must submit to OFCOM for approval a draft of—

• (a) every code that is required to be drawn up under this paragraph; and

• (b) every revision made by S4C of such a code.

• (7) A code drawn up by S4C or a revision of such a code —

• (a) is to have effect for the purposes of this paragraph only if approved by OFCOM; and

• (b) if approved by OFCOM subject to modifications, is to have effect with those modifications.

• (8) OFCOM—

• (a) must issue and may from time to time revise guidance for the purposes of this paragraph;

• (b) must ensure that there is always guidance for those purposes in force;

• (c) must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and S4C; and

• (d) must publish their guidance or revised guidance in such manner as they think appropriate.

• (9) Guidance issued by OFCOM for the purposes of this paragraph must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In this paragraph “independent production” has the same meaning as in paragraph 7.

• (12) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).

Co-operation with the public teletext provider

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Programme standards

12

It shall be the duty of S4C in relation to their public television services to observe the standards set under section 319.

13

It shall be the duty of S4C to comply with a direction given to them by OFCOM with respect to the establishment of procedures for the handling and resolution of complaints about the observance by S4C of standards set under section 319.

14

• (1) It shall be the duty of S4C to comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2).

• (2) Those matters are—

• (a) the exclusion from any of S4C’s public television services of a particular advertisement, or its exclusion in particular circumstances;

• (b) the descriptions of advertisements and methods of advertising to be excluded from the services so provided (whether generally or in particular circumstances); ...

• (c) the methods of sponsorship to be excluded from those services (whether generally or in particular circumstances) ; and

• (d) the forms and methods of product placement to be excluded from those services (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).

15

• (1) This paragraph applies if OFCOM are satisfied—

• (a) that S4C have failed in any respect to perform any of their duties under—

• (i) paragraphs 12 to 14,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vi) ... and

• (b) that the failure can be appropriately remedied by the inclusion in any or all of S4C’s public television services ... of a correction or a statement of findings.

• (2) OFCOM may direct S4C to include a correction or a statement of findings (or both) in any one or more of their public television services ... .

• (3) A direction may require the correction or statement of findings to be in such form, and to be included in programmes at such time or times, as OFCOM may determine.

• (4) OFCOM are not to give a direction under this paragraph unless they have given S4C a reasonable opportunity of making representations to them about the matters appearing to OFCOM to provide grounds for the giving of the direction.

• (5) Where S4C include a correction or a statement of findings in any of their public television services ... in pursuance of a direction under this paragraph, S4C may announce that they are doing so in pursuance of such a direction.

• (6) For the purposes of this paragraph a statement of findings, in relation to a case in which OFCOM are satisfied that S4C have failed to perform a duty mentioned in sub-paragraph (1)(a) , is a statement of OFCOM’s findings in relation to that failure.

Directions with respect to advertising

16

• (1) S4C must comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2).

• (2) Those matters are—

• (a) the maximum amount of time to be given to advertisements in any hour or other period;

• (b) the minimum interval which must elapse between any two periods given over to advertisements;

• (c) the number of such periods to be allowed in any programme or in any hour or day; and

• (d) the exclusion of advertisements from a specified part of ... S4C Digital.

• (3) Directions under this paragraph—

• (a) may be either general or specific;

• (b) may be qualified or unqualified; and

• (c) may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.

• (4) In giving a direction under this paragraph, OFCOM shall take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this paragraph.

Fairness standards

17

It shall be the duty of S4C to secure the observance—

• (a) in connection with the provision of their public television services, and

• (b) in relation to the programmes included in those services,

of the code for the time being in force under section 107 of the 1996 Act (the fairness code).

Party political broadcasts

18

• (1) It shall be the duty of S4C to include—

• (a) party political broadcasts, and

• (b) referendum campaign broadcasts,

in every designated public service of theirs.

• (2) S4C must prepare, publish and from time to time review and revise their policy with respect to—

• (a) party political broadcasts and referendum campaign broadcasts; and

• (b) the manner in which they propose to perform their duty under sub-paragraph (1).

• (3) S4C’s policy may, in particular, include provision for determining—

• (a) the political parties on whose behalf party political broadcasts may be made;

• (b) in relation to each political party on whose behalf such broadcasts may be made, the length and frequency of the broadcasts; and

• (c) in relation to each designated organisation on whose behalf referendum campaign broadcasts are required to be broadcast, the length and frequency of such broadcasts.

• (4) That policy is to have effect subject to sections 37 and 127 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and designated organisations to be entitled to party political broadcasts or referendum campaign broadcasts).

• (5) In preparing or revising their policy with respect to the inclusion of party political broadcasts or referendum campaign broadcasts in their designated public services, S4C must have regard to—

• (a) any views expressed for the purposes of this paragraph by the Electoral Commission; and

• (b) any rules made by OFCOM under section 333.

• (6) The services that are designated public services for the purposes of this paragraph are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) S4C Digital; and

• (c) any of S4C’s other public television services which is designated in writing by the Secretary of State for the purposes of this paragraph ....

• (7) In this paragraph—

• “designated organisation”, in relation to a referendum, means a person or body designated by the Electoral Commission under section 108 of the Political Parties, Elections and Referendums Act 2000 in respect of that referendum; and

• “referendum campaign broadcast” has the meaning given by section 127 of that Act.

Duty to publicise complaints procedures etc.

19

• (1) It shall be the duty of S4C to make arrangements for securing that the matters mentioned in sub-paragraph (2) are brought to the attention of the public (whether by means of broadcasts or otherwise).

• (2) Those matters are—

• (a) OFCOM’s functions under Part 5 of the 1996 Act in relation to services provided by S4C; and

• (b) any procedures established by OFCOM or S4C for the handling and resolution of complaints about the observance by S4C of standards set under section 319 or about compliance by S4C with the requirements imposed by section 368D and section 368E(4), except the requirements mentioned in sub-paragraph (3).

• (3) The requirements mentioned in this sub-paragraph are—

• (a) the requirements imposed by sections 368D(1) and 368E(4) so far as they relate to advertising, and

• (b) the requirement imposed by section 368D(3)(za).

Monitoring of programmes

20

• (1) It shall be the duty of S4C—

• (a) in respect of every programme included in any of their public television services, to retain a recording of the programme in the form, and for the period, specified by OFCOM;

• (b) to comply with any request to produce such recordings to OFCOM for examination or reproduction; and

• (c) to comply, to the extent that they are able to do so, with any request to produce to OFCOM a script or transcript of a programme included in any of their public television services.

• (2) The period specified for the purposes of sub-paragraph (1)(a) must be a period not exceeding ninety days.

Compliance with international obligations

21

• (1) OFCOM may give S4C such directions as OFCOM consider appropriate for securing that all relevant international obligations are complied with.

• (2) It shall be the duty of S4C to comply with a direction under this paragraph.

• (3) Before giving a direction under this paragraph, OFCOM must consult S4C.

• (4) In this paragraph “relevant international obligations” means the international obligations of the United Kingdom which have been notified to OFCOM by the Secretary of State for the purposes of this paragraph.

Services for the deaf and visually impaired

22

It shall be the duty of S4C to observe the code for the time being in force under section 303 in the provision of—

• (a) S4C Digital; and

• (b) so much of any of S4C’s other public television services as is provided in digital form.

Equality of opportunity

23

• (1) It shall be the duty of S4C to make such arrangements as they consider appropriate for promoting, in relation to employment with S4C, equality of opportunity—

• (a) between men and women; and

• (b) between persons of different racial groups.

• (2) It shall be the duty of S4C to make arrangements for promoting, in relation to employment with S4C, the equalisation of opportunities for disabled persons.

• (3) S4C shall also make such arrangements as they consider appropriate for the training and retraining of persons whom they employ in or in connection with—

• (a) the provision of one or more of their public services; or

• (b) the making of programmes to be included in one or more of those services.

• (4) S4C—

• (a) shall take all such steps as they consider appropriate for making persons affected by any arrangements made in pursuance of sub-paragraphs (1) to (3) aware of the arrangements (including the publication of the arrangements in such manner as they think fit);

• (b) shall review the arrangements from time to time; and

• (c) shall, from time to time (and at least annually), publish, in such manner as they consider appropriate, their observations on the current operation and effectiveness of the arrangements.

• (5) Before making any arrangements in pursuance of any of sub-paragraphs (1) to (3) or determining the manner in which they will comply with sub-paragraph (4), S4C must consult OFCOM.

• (6) In this paragraph—

• “disabled” has the same meaning as in the Equality Act 2010 or, in Northern Ireland, the Disability Discrimination Act 1995 (c. 50);

• “racial group” has the same meaning as in the Race Relations Act 1976 (c. 74) the Equality Act 2010 or, in Northern Ireland, the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

• (7) The Secretary of State may by order amend sub-paragraph (1) by adding any other form of equality of opportunity that he considers appropriate to that sub-paragraph.

• (8) No order is to be made containing provision authorised by sub-paragraph (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Meaning of Welsh Authority’s public services

24

• (1) In this Part of this Schedule, references to S4C’s public services are references to the following—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) S4C Digital; and

• (c) any other relevant audiovisual service provided by S4C in fulfilling its public service remit.

• (2) References in this Schedule to a public television service of S4C are references to any public service of S4C which is a television programme service.

SCHEDULE 13

Part 1 — Broadcasting Act 1990

Preliminary

1

The 1990 Act shall be amended as follows.

Revocation of television services licence

2

• (1) In subsection (3) of section 18 (penalty on revocation of television services licence), for “a financial penalty of the prescribed amount” there shall be substituted “ a specified financial penalty ”.

• (2) For subsection (4) of that section (amount of penalty) there shall be substituted—

(3A) The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C). (3B) In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of— (a) £500,000; and (b) 7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force. (3C) In any other case, the maximum penalty is whichever is the greater of— (a) £500,000; and (b) 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force. (3D) Section 19(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.

• (3) This paragraph applies only in a case of a revocation in relation to which—

• (a) the notice required by section 18(2) of the 1990 Act, or

• (b) the notice revoking the licence,

is served after the commencement of this paragraph.

Licences for Channel 3 services and for Channels 4 and 5

3

• (1) For subsection (2) of section 41 (penalties for failure by holder of licence for Channel 3 services, Channel 4 or Channel 5 to comply with licence conditions or directions) there shall be substituted—

(1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1)(a) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”). (1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period. (1C) Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.

• (2) This paragraph applies in relation to a failure to comply with a condition or direction only if it is one occurring after the commencement of this paragraph.

Restricted services licences

4

• (1) In subsection (2) of section 42B (application of sections 40 to 42 to licensing of restricted services), for “subsections (3) and (4)” there shall be substituted “ subsections (3) to (3C) ”.

• (2) In subsection (3) of that section—

• (a) for “subsection (2)” there shall be substituted “ subsections (1A) to (1C) ”; and

• (b) for the words from “shall not exceed whichever is the greater” onwards there shall be substituted “ is the maximum penalty given by subsection (3A). ”

• (3) For subsection (4) of that section (penalties for failure to comply with conditions or directions) there shall be substituted—

(3A) The maximum penalty is whichever is the greater of— (a) £250,000; and (b) 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”). (3B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period. (3C) Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.

• (4) This paragraph applies in relation to a failure to comply with a condition or direction only if it is one occurring after the commencement of this paragraph.

Additional television services licences

5

• (1) For subsection (2) of section 55 (penalties for failure by holder of licence for additional television service to comply with licence conditions or directions) there shall be substituted—

(1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”). (1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period. (1C) Section 52(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.

• (2) This paragraph applies in relation to a failure to comply with a condition or direction only if it is one occurring after the commencement of this paragraph.

Revocation of national sound broadcasting licence

6

• (1) In subsection (3) of section 101 (penalty on revocation of national sound broadcasting licence), for “a financial penalty of the prescribed amount” there shall be substituted “ a specified financial penalty ”.

• (2) For subsection (4) of that section (amount of penalty) there shall be substituted—

(3A) The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C). (3B) In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of— (a) £250,000; and (b) 7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force. (3C) In any other case, the maximum penalty is whichever is the greater of— (a) £250,000; and (b) 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force. (3D) Section 102(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.

• (3) This paragraph applies only in a case of a revocation in relation to which—

• (a) the notice required by section 101(2) of the 1990 Act, or

• (b) the notice revoking the licence,

is served after the commencement of this paragraph.

Licences for analogue sound services

7

• (1) For subsection (2) of section 110 (penalties for failure by holder of national sound broadcasting licence to comply with licence conditions or directions) there shall be substituted—

(1A) The maximum amount which the holder of a national licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) is the maximum penalty given by subsection (1B). (1B) The maximum penalty is whichever is the greater of— (a) £250,000; and (b) 5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”). (1C) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1B)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period. (1D) Section 102(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (1B) or (1C) above.

• (2) In subsection (3) of that section (maximum penalty for failure by holder of a sound broadcasting licence that is not a national licence to comply with licence conditions or directions), for “£50,000” there shall be substituted “ £250,000 ”.

• (3) This paragraph applies in relation to a failure to comply with a condition or direction only if it is one occurring after the commencement of this paragraph.

Additional radio services licences

8

• (1) For subsection (2) of section 120 (penalties for failure by holder of additional radio services licence to comply with licence conditions or directions) there shall be substituted—

(1A) The amount of a financial penalty imposed on a person in pursuance of subsection (1) shall not exceed 5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”). (1B) In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (1A) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period. (1C) Section 118(2) applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B) above.

• (2) This paragraph applies in relation to a failure to comply with a condition or direction only if it is one occurring after the commencement of this paragraph.

Power to amend penalties under the 1990 Act

9

• (1) The Secretary of State may by order amend any of the provisions of the 1990 Act specified in sub-paragraph (2) by substituting a different sum for the sum for the time being specified in that provision.

• (2) Those provisions are—

• (a) section 18(3B)(a) and (3C)(a);

• (b) section 42B(3A)(a);

• (c) section 101(3B)(a) and (3C)(a);

• (d) section 110(1B)(a) and (3).

• (3) No order is to be made under this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Part 2 — Broadcasting Act 1996

Preliminary

10

The 1996 Act shall be amended as follows.

Revocation of television multiplex licences

11

• (1) In subsection (5) of section 11 (penalty on revocation of television multiplex licence), the words from “not exceeding” onwards shall be omitted.

• (2) For subsection (6) of that section (amount of penalty) there shall be substituted—