Communications Act 2003

• (i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or

• (ii) a penalty notice,

in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,

• (b) the person is an entity (“E”), and

• (c) there is another entity which is a parent undertaking in relation to E (a “parent entity”).

• (2) The types of service referred to in sub-paragraph (1)(a) are—

• (a) a regulated television selection service;

• (b) a designated internet programme service;

• (c) a designated radio selection service;

• (d) a relevant internet radio service.

• (3) The confirmation decision or penalty notice may be given—

• (a) to E alone, or

• (b) jointly to E and to a parent entity.

• (4) Before giving a penalty notice to a parent entity, or giving a confirmation decision to a parent entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (a) the matters contained in the penalty notice or confirmation decision, and

• (b) whether joint and several liability would be appropriate.

• (5) OFCOM may not give a confirmation decision or a penalty notice to a parent entity (“P”) if—

• (a) P meets the condition in section 1162(2)(a) of the Companies Act 2006 in relation to E, and

• (b) P makes representations to OFCOM, in pursuance of paragraph 2(7) or sub-paragraph (4), that satisfy OFCOM that P does not meet any condition in section 1162(2)(b), (c) or (d) or (4) of that Act in relation to E.

• (6) If a confirmation decision or a penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.

• (7) See also paragraph 4 of Schedule 16A.

4

• (1) This paragraph applies where—

• (a) OFCOM are satisfied that there are grounds for giving a person—

• (i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or

• (ii) a penalty notice,

in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,

• (b) the person is an entity (“E”),

• (c) there is another entity which is a subsidiary undertaking in relation to E (a “subsidiary entity”), and

• (d) OFCOM are satisfied that the other entity’s acts or omissions contributed to the failure to which the confirmation decision or penalty notice relates.

• (2) The types of service referred to in sub-paragraph (1)(a) are—

• (a) a regulated television selection service;

• (b) a designated internet programme service;

• (c) a designated radio selection service;

• (d) a relevant internet radio service.

• (3) The confirmation decision or penalty notice may be given—

• (a) to E alone, or

• (b) jointly to E and to a subsidiary entity.

• (4) Before giving a penalty notice to a subsidiary entity, or giving a confirmation decision to a subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (a) the matters contained in the penalty notice or the confirmation decision, and

• (b) whether joint and several liability would be appropriate.

• (5) If a confirmation decision or penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.

• (6) See also paragraph 4 of Schedule 16A.

5

• (1) This paragraph applies where—

• (a) OFCOM are satisfied that there are grounds for giving a person—

• (i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or

• (ii) a penalty notice,

in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,

• (b) the person is an entity (“E”),

• (c) E is a subsidiary undertaking,

• (d) there is another entity which is a fellow subsidiary undertaking in relation to E (a “fellow subsidiary entity”), and

• (e) OFCOM are satisfied that the acts or omissions of the fellow subsidiary entity contributed to the failure to which the confirmation decision or penalty notice relates.

• (2) The types of service referred to in sub-paragraph (1)(a) are—

• (a) a regulated television selection service;

• (b) a designated internet programme service;

• (c) a designated radio selection service;

• (d) a relevant internet radio service.

• (3) The confirmation decision may be given—

• (a) to E alone, or

• (b) jointly to E and to a fellow subsidiary entity.

• (4) Before giving a penalty notice to a fellow subsidiary entity, or giving a confirmation decision to a fellow subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (a) the matters contained in the confirmation decision or the penalty notice, and

• (b) whether joint and several liability would be appropriate.

• (5) If a confirmation decision or penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.

• (6) See also paragraph 4 of Schedule 16A.

6

• (1) This paragraph applies where—

• (a) OFCOM are satisfied that there are grounds for giving a person—

• (i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or

• (ii) a penalty notice,

in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,

• (b) the person is an entity (“E”), and

• (c) an individual or individuals control E.

• (2) The types of service referred to in sub-paragraph (1)(a) are—

• (a) a regulated television selection service;

• (b) a designated internet programme service;

• (c) a designated radio selection service;

• (d) a relevant internet radio service.

• (3) The confirmation decision may be given—

• (a) to E alone, or

• (b) jointly to E and to the individual or individuals who control E.

• (4) Before giving a penalty notice to an individual, or giving a confirmation decision to an individual who was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that individual an opportunity to make representations to OFCOM about—

• (a) the matters contained in the confirmation decision or the penalty notice, and

• (b) whether joint and several liability would be appropriate.

• (5) For the purposes of this paragraph, an individual or individuals are to be taken to control E if that individual or those individuals would, if they were an undertaking, be a parent undertaking in relation to E within the meaning of section 1162 of the Companies Act 2006 by reason of meeting the condition in subsection (2)(a), (b), (c) or (d) or (4)(a) of that section.

• (6) OFCOM may not give a confirmation decision or a penalty notice to an individual or individuals (“P”) if—

• (a) the condition by reason of which P controls E is the condition in section 1162(2)(a) of the Companies Act 2006, and

• (b) P makes representations to OFCOM in pursuance of paragraph 2(7) or sub-paragraph (4) which satisfy OFCOM that P does not control E by reason of any condition in section 1162(2)(b), (c) or (d) or (4) of that Act.

• (7) If a confirmation decision or penalty notice is given jointly to E and to an individual or individuals under sub-paragraph (3)(b), E and that individual or those individuals are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty, imposed by the decision or notice.

7

In its application for the purposes of this Schedule, paragraph 4 of Schedule 7 to the Companies Act 2006 is to be read as if the reference to operating and financial policies were to policies relating to compliance with the regulatory requirements imposed by Parts 3A and 3B.

8

For the purposes of this Schedule, sections 1161(4) and 1162 of, and Schedule 7 to, the Companies Act 2006—

• (a) are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and

• (b) are to be read with any necessary modifications if applied to an entity formed under the law of a country or territory outside the United Kingdom.

315A

• (1) The Secretary of State may, by regulations, make provision for enabling OFCOM to ensure that, for each licensed local radio multiplex service, at least one of the licensed local digital sound programme services broadcast by means of that multiplex service consists of, or includes, local news and information or locally-gathered news and information.

• (2) The provision that may be made by regulations under this section includes provision about the conditions that OFCOM may, or must, include in a licence that authorises the provision of—

• (a) a local digital sound programme service, or

• (b) a local radio multiplex service.

• (3) The Secretary of State must consult OFCOM before making regulations under this section.

• (4) The power in section 402(3)(c) for regulations under this section to make consequential provision includes power to make provision which amends any enactment.

• (5) In this section—

• “licensed” local radio multiplex service or local digital sound programme service means such a service which is provided in accordance with a licence issued by OFCOM;

• “local news and information”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news and information which is of particular interest—to persons living or working within the area or locality for which the multiplex service is provided;to persons living or working within a part of that area or locality; orto particular communities living or working within that area or locality or a part of it;

• “locally-gathered news”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news that has been gathered in the area or locality for which the multiplex service is provided, by persons who gather news in the course of an employment or business.

Financial assistance for radio

359A

• (1) The Secretary of State may give financial assistance for or in connection with—

• (a) the provision of eligible services;

• (b) the production of sound programmes (whether intended for broadcast or distribution by any other means).

• (2) The financial assistance may be given—

• (a) by way of grant, loan or guarantee or in any other form, and

• (b) subject to such conditions as the Secretary of State considers appropriate.

• (3) The conditions may (among other things) include provision under which the financial assistance is to be repaid or otherwise made good (with or without interest).

• (4) The eligible services for the purposes of subsection (1)(a) are—

• (a) services of a description in relation to which provision is for the time being in force under section 262 (community radio);

• (b) local sound broadcasting services;

• (c) local digital sound programme services.

General restrictions on disclosure of information

Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

Interpretation

Recovery of penalties

Interpretation

Recovery of penalties

Amount of penalties: principles

Qualifying worldwide revenue

204A

• (1) S4C may make available any audiovisual content.

• (2) S4C’s public service remit is to make available a broad range of high quality and diverse audiovisual content—

• (a) a substantial proportion of which is in Welsh,

• (b) which is all capable of being taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled (see section 264(7) to (8C)), and

• (c) which, considered as a whole, constitutes an adequate contribution to the fulfilment of that remit.

• (3) S4C must exercise the power in subsection (1) to fulfil its public service remit.

• (4) S4C may do anything it considers appropriate in association with anything it does in exercise of the power in subsection (1).

• (5) In this section “audiovisual content” has the same meaning as in section 264.

• (6) Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of this section as it applies for the purposes of that section.

204B

• (1) S4C must obtain the Secretary of State’s approval in writing before (whether under section 204A or otherwise)—

• (a) providing any television programme services;

• (b) doing anything for a charge or with a view to making a profit.

• (2) S4C must ensure that an S4C company obtains the Secretary of State’s approval in writing before the company does anything for a charge or with a view to making a profit.

• (3) An approval under this section may be—

• (a) a general approval in relation to a description of activities, or

• (b) a specific approval in relation to particular activities.

• (4) For the purposes of this section, the carrying on of the following activities is treated as approved by the Secretary of State (so far as approval under this section would otherwise be required)—

• (a) the provision of S4C Digital,

• (b) each activity whose carrying on is approved under section 205 or 206 of this Act (S4C’s other activities) immediately before this section comes into force, and

• (c) each activity which is being carried on by S4C or an S4C company immediately before this section comes into force.

• (5) S4C may not provide a service that would fall to be regulated under section 245 (independent radio services) if provided by an S4C company.

204C

• (1) The Secretary of State must publish any approval under section 204B, subject to subsection (2).

• (2) The Secretary of State must exclude from publication any matters which appear to the Secretary of State to be matters whose publication would or might seriously and prejudicially affect the interests of any person.

• (3) This section does not apply in relation to activities treated under section 204B(4) as approved under that section.

278A

• (1) The Secretary of State may by regulations specify a description of qualifying audiovisual content for the purposes of this section if—

• (a) the Secretary of State considers that qualifying audiovisual content of that description is not being made available by the providers of licensed public service channels (taken together) to the extent that is appropriate, and

• (b) subsection (3) applies.

• (2) The descriptions that may be specified under subsection (1) include descriptions that are framed in part by reference to the qualifying audiovisual service by means of which the content is made available.

• (3) This subsection applies where OFCOM have made a recommendation for the making of the regulations in their most recent report under section 229 or 264.

• (4) Where the Secretary of State makes regulations under subsection (1), the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

• (a) the provider of the licensed public service channel makes available qualifying audiovisual content that includes content of the description specified in the regulations, and

• (b) the duration (in total) of content of that description is at least the number of hours that OFCOM consider appropriate.

• (5) Before including a recommendation for the making of regulations under subsection (1) in a report under section 229 or 264, OFCOM must consult—

• (a) members of the public in the United Kingdom,

• (b) providers of licensed public service channels who are likely to be affected if the Secretary of State accepts the recommendation, and

• (c) such other persons providing television programme services or on-demand programme services as OFCOM consider appropriate.

• (6) Before making regulations under subsection (1), the Secretary of State must consult the following persons about their content—

• (a) OFCOM,

• (b) providers of licensed public service channels who are likely to be affected by the regulations, and

• (c) such other persons providing television programme services or on-demand programme services as the Secretary of State considers appropriate.

• (7) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

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

Amount of penalties: principles

Qualifying worldwide revenue