Media Act 2024
- (a) omit paragraph (a)(i);
- (b) after paragraph (a) insert—
(aa) the extent to which the qualifying audiovisual content made available by the provider of the service includes a range of original productions and the duration (in total) of those productions;
;
- (c) in paragraph (b), for “programmes of each of those descriptions” substitute “news programmes, current affairs programmes and original productions”.
- (3) In subsection (5)—
- (a) for paragraph (a) substitute—
(aa) the extent to which the qualifying audiovisual content made in the United Kingdom that is made available by the provider of the service includes a range of Channel 3 programmes made outside the M25 area and the duration (in total) of those programmes;
;
- (b) omit paragraph (b).
- (4) In subsection (6), in paragraph (c), for the words from “for the purposes of” to the end of the paragraph substitute “for the purposes of networking arrangements.”
59
- (1) Section 353 (changes of control of Channel 5) is amended as follows.
- (2) In subsection (4)—
- (a) omit paragraph (a)(i);
- (b) after paragraph (a) insert—
(aa) the extent to which the qualifying audiovisual content made available by the provider of Channel 5 includes a range of original productions and the duration (in total) of those productions;
;
- (c) in paragraph (b), for “programmes of each of those descriptions” substitute “news programmes, current affairs programmes and original productions”.
- (3) In subsection (5)—
- (a) for paragraph (a) substitute—
(a) the extent to which the qualifying audiovisual content made in the United Kingdom that is made available by the provider of Channel 5 includes a range of programmes made outside the M25 area and the duration (in total) of those programmes;
;
- (b) omit paragraph (b).
60
- (1) Section 362 (interpretation of Part 3) is amended as follows.
- (2) In subsection (1), at the appropriate place insert—
- “audiovisual content”, in relation to a relevant audiovisual service, has the meaning given by section 264;
;
- “qualifying audiovisual content” has the meaning given by section 278B (and references to making available qualifying audiovisual content are to be construed in accordance with that section);
;
- “qualifying audiovisual service” has the meaning given by section 278B;
;
- “relevant audiovisual service” has the meaning given by section 264;
.
- (3) In subsection (1), omit the definitions of—
- “analogue teletext service”;
- “the digital public teletext service”;
- “the public teletext provider”;
- “the public teletext service”.
- (4) In subsection (2), omit paragraph (b) (public teletext service).
61
In section 405 (general interpretation), in subsection (1)—
- (a) in the definition of “programme service”, omit paragraph (b) (the public teletext service);
- (b) omit the definition of “purposes of public service television broadcasting”;
- (c) at the appropriate place insert—
- “the public service remit for television in the United Kingdom” has the meaning given by section 264;
.
62
In Schedule 9 (arrangements about carrying on of C4C’s activities), in paragraph 1 (notification of requirement to submit proposals), in sub-paragraph (1), after paragraph (aa) (and before the “and” following it) insert—
(ab) as soon as practicable after the day on which section 3 of the Media Act 2024 comes into force,
.
63
Omit Schedule 10 (licensing the public teletext service).
64
In Schedule 12 (corresponding obligations of the BBC and Welsh Authority), omit paragraph 11 (co-operation with the public teletext provider) and the italic heading before it.
65
In Schedule 18 (transitional provisions), in paragraph 51 (listed events rules), omit sub-paragraphs (4) and (5).
Digital Economy Act 2010
66
In the Digital Economy Act 2010, omit sections 27 and 28 (public teletext service).
Schedule 3
1
The Communications Act 2003 is amended as follows.
2
In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “137A” insert “, 362AG(7), 362AW”.
3
In section 394 (service of notifications and other documents), in subsection (2), in paragraph (a), after “this Act” insert “, other than Part 3A so far as relating to notifications by OFCOM”.
4
In section 400 (destination of fees and penalties), in subsection (1), after paragraph (h) insert—
(ha) an amount paid to OFCOM in respect of a penalty imposed by them under Part 3A of this Act;
.
Schedule 4
Broadcasting Act 1990
1
The Broadcasting Act 1990 is amended as follows.
2
In section 37 (announcements of programme schedules), in subsection (2)(a), after “on S4C” insert “Digital”.
3
- (1) Section 56 (Welsh Authority to continue as Sianel Pedwar Cymru) is amended as follows.
- (2) In subsection (1), omit the words after paragraph (b).
- (3) In subsection (3), for “the Welsh Authority” substitute “S4C”.
4
- (1) Section 60 (advertising on S4C) is amended as follows.
- (2) In subsections (4) and (5), for “The Welsh Authority” substitute “S4C”.
- (3) In subsection (4)(a), after “on S4C” insert “Digital”.
- (4) In subsection (4)(a) and (aa), after “of S4C” insert “Digital”.
5
- (1) Section 61 (funding of Welsh Authority) is amended as follows.
- (2) In subsection (1)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) for “the Authority” substitute “S4C”;
- (c) for the words from “of—” to the end of paragraph (b) substitute “of fulfilling S4C’s public service remit”.
- (3) In subsection (3)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) for “the Authority” substitute “S4C”.
- (4) In the heading, for “Welsh Authority” substitute “S4C”.
6
- (1) Section 61A (Welsh Authority public service fund) is amended as follows.
- (2) In subsection (2)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) for “the Authority”, in the first place it occurs, substitute “S4C”;
- (c) for the words from “their functions” to the end of the subsection substitute “fulfilling S4C’s public service remit.”
- (3) In subsection (4)—
- (a) for “The Welsh Authority” substitute “S4C”;
- (b) for “television programme”, in the first place it occurs, substitute “audiovisual content”;
- (c) for “television programme service”, in the first place it occurs, substitute “relevant audiovisual service”;
- (d) for the words from “broadcast” to the end substitute “included in a relevant audiovisual service provided by S4C in fulfilling its public service remit.”
- (4) After subsection (4) insert—
(4A) In subsection (4), “audiovisual content” and “relevant audiovisual service” have the same meaning as in Part 3 of the Communications Act 2003 (see section 362 of that Act).
- (5) In the heading, for “Welsh Authority” substitute “S4C”.
7
- (1) Section 63 (government control over S4C) is amended as follows.
- (2) In subsections (1), (2), (3) and (4), for “the Welsh Authority” substitute “S4C”.
- (3) In subsections (1), (3) and (4), for “the Authority” substitute “S4C”.
8
- (1) Section 64 (audience research by Welsh Authority) is amended as follows.
- (2) In subsection (1)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) in paragraphs (a) and (c), after “S4C” insert “Digital”.
- (3) In subsection (2)(a), for “the Welsh Authority” substitute “S4C”.
- (4) In subsection (2)(b), for “the Authority” substitute “S4C”.
- (5) In the heading, for “Welsh Authority” substitute “S4C”.
9
In section 66 (requirements relating to transmission and distribution of services), in subsection (7)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) after “S4C” insert “Digital”;
- (c) for “Wales” substitute “the United Kingdom”.
10
In section 71 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—
- (a) omit ““S4C” and”;
- (b) omit “each”.
11
In section 176 (duty to provide advance information about programmes), in the table in subsection (7), in the entry relating to the public television services of the Welsh Authority—
- (a) in the first column, for “the Welsh Authority” substitute “S4C”;
- (b) in the second column, for “The Authority” substitute “S4C”.
12
In section 177 (orders proscribing unacceptable foreign satellite services), in subsection (6), in the definition of “foreign satellite service”, for “the Welsh Authority” substitute “S4C”.
13
In section 188 (power to give broadcasting bodies etc directions relating to international obligations), in subsection (2)(c), for “the Welsh Authority” substitute “S4C”.
14
In section 202 (general interpretation), in subsection (1)—
- (a) in the definition of “an S4C company”, for “the Welsh Authority”, in both places it occurs, substitute “S4C”;
- (b) before that definition insert—
- “S4C”, except in the phrases “S4C company”, “S4C Digital”, “S4C entity” and “S4C subsidiary undertaking”, means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1);
.
15
In Part 2 of Schedule 2 (disqualification for holding licences), in paragraphs 3(1)(a) (disqualification of publicly-funded bodies for radio service licences) and 5(b) (disqualification of broadcasting bodies), for “the Welsh Authority” substitute “S4C”.
16
- (1) Schedule 6 (the Welsh Authority: supplementary provisions) is amended as follows.
- (2) In the Schedule heading, for “The Welsh Authority” substitute “S4C”.
- (3) In paragraph 1(1) (S4C not exercising functions on behalf of the Crown), for “The Welsh Authority (in this Schedule referred to as “the Authority”)” substitute “S4C”.
- (4) In paragraph 1(2) (S4C’s power to do anything which is incidental or conducive to the carrying out of its functions), for “The Authority” substitute “S4C”.
- (5) Omit paragraphs 2 to 8 (membership).
- (6) In paragraphs 9(1) and (2) (employees), 10 (seal), 11 (documents), 12(1), (1A) and (4) (accounts and audit), 13 (annual reports) and 14 (advisory committees), and in the italic heading before paragraph 9—
- (a) for “the Authority”, in each place it occurs;
- (b) for “The Authority”, in each place it occurs;
substitute “S4C”.
- (7) In paragraph 9 (employees), for sub-paragraph (3) substitute—
(3) If a person— (a) participates in a pension scheme as an employee of S4C, and (b) on or after ceasing to be an employee of S4C, becomes a non-executive member of the S4C Board, the person’s service as a non-executive member of the S4C Board may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee of S4C.
- (8) In the italic heading before paragraph 10, for “Authority’s” substitute “S4C’s”.
- (9) In the italic heading before paragraph 11, for “Authority” substitute “S4C”.
- (10) In paragraphs 13(3)(b) and 14, for “the Authority’s” substitute “S4C’s”.
Broadcasting Act 1996
17
The Broadcasting Act 1996 is amended as follows.
18
In section 2 (meaning of “qualifying service”), in subsection (2)(e)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) for “205” substitute “204B”.
19
- (1) Section 24 (digital additional services) is amended as follows.
- (2) In subsection (1)(c), for “the Welsh Authority” substitute “S4C”.
- (3) In subsection (3A), in the definition of “public television service of the Welsh Authority”—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) in paragraph (b), for the words after “any television programme service” substitute “provided in digital form by S4C in fulfilling its public service remit”.
- (4) In subsection (3A), in paragraph (e) of the definition of “relevant public service broadcaster”, for “the Welsh Authority” substitute “S4C”.
20
Omit section 29(2) (application of the Broadcasting Act 1990 to S4C Digital).
21
In section 33(1)(a)(ii) and (3)(d) (review of digital television broadcasting), for “the Welsh Authority” substitute “S4C”.
22
In section 39 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—
- (a) omit ““S4C” and”; and
- (b) omit “each”.
23
In section 97 (listed events)—
- (a) in subsection (2) (before its substitution by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”;
- (b) in subsection (2) (as substituted by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”.
24
In sections 99(2) (televising listed events), 103(3) (report to Secretary of State) and 104(4)(b) (code of guidance), for “the Welsh Authority” substitute “S4C”.
25
In section 105 (interpretation of Part 4 and supplementary provisions), in subsection (1), omit the definition of “S4C”.
26
In section 107 (code relating to avoidance of unjust or unfair treatment or interference with privacy), in subsection (5)(b), for “the Welsh Authority”, in both places it occurs, substitute “S4C”.
27
In section 130(1) (interpretation of Part 5)—
- (a) in the definition of “broadcasting body”, for “the Welsh Authority” substitute “S4C”;
- (b) in the definition of “licensed service”, in paragraph (e), for “the Welsh Authority” substitute “S4C”.
Tobacco Advertising and Promotion Act 2002
28
In section 12(6) of the Tobacco Advertising and Promotion Act 2002 (television and radio broadcasting), for “the Welsh Authority referred to in” substitute “the body corporate so named by”.
Communications Act 2003
29
The Communications Act 2003 is amended as follows.
30
In section 12(9)(b) (OFCOM’s Content Board), for “and employees of the Welsh Authority” substitute “of the S4C Board and employees of S4C”.
31
In the Chapter heading of Chapter 1 of Part 3, for “the Welsh Authority” substitute “, S4C”.
32
- (1) In section 203 (function of OFCOM), and in its heading, for “the Welsh Authority” substitute “S4C”.
- (2) In the italic heading before section 203, for “The Welsh Authority” substitute “S4C (Sianel Pedwar Cymru)”.
33
- (1) Section 207 (finances) is amended as follows.
- (2) In subsection (3), for “the Welsh Authority” substitute “S4C”.
- (3) In subsections (4) and (6), for “The Welsh Authority” substitute “S4C”.
- (4) In subsection (6), for “the Authority”, in both places it occurs, substitute “S4C”.
- (5) Omit subsections (8) and (9).
- (6) In the heading, for “Welsh Authority” substitute “S4C”.
34
In sections 211(1)(a) (regulation of independent television services) and 243(7)(d) (reserved frequencies), for “the Welsh Authority” substitute “S4C”.
35
In section 264 (OFCOM reports on the fulfilment of public service remits), for subsection (12)(b) substitute—
(b) S4C;
.
36
In sections 277(11) (programming quotas for independent productions), 278(8) (programming quotas for regional productions) and 285(6)(c) (code relating to programme commissioning), for “the Welsh Authority” substitute “S4C”.
37
In sections 303(12)(a) (code relating to provision for people with disabilities), 305(2)(a) (relevant dates) and 324(3)(a) and (10)(c) (setting and publication of standards), for “the Welsh Authority” substitute “S4C”.
38
- (1) In section 338 (corresponding rules), and in its heading, for “the Welsh Authority” substitute “S4C”.
- (2) In the italic heading before section 338, for “the Welsh Authority” substitute “S4C”.
39
- (1) Section 339 (review of fulfilment of public service remits) is amended as follows.
- (2) In subsection (1), for the words after “performance” substitute “by S4C of its duty to fulfil its public service remit.”
- (3) In subsections (4) and (5), for “the Welsh Authority” substitute “S4C”.
- (4) In the heading—
- (a) for “Welsh Authority” substitute “S4C”;
- (b) for “remits” substitute “remit”.
40
In the italic heading before section 339, for “the Welsh Authority” substitute “S4C”.
41
- (1) Section 340 (directions to S4C to take remedial action) is amended as follows.
- (2) In subsections (1), (2), (4) and (5), for “the Welsh Authority” substitute “S4C”.
- (3) In subsection (1)(a), for the words from “their” to the end of paragraph (a) (but not the “and” at the end) substitute “its duty to fulfil its public service remit”.
- (4) In subsection (2), for “the Authority” substitute “S4C”.
- (5) In the heading, for “Welsh Authority” substitute “S4C”.
42
- (1) Section 341 (imposition of penalties) is amended as follows.
- (2) In subsections (1), (2) and (4), and in the heading, for “the Welsh Authority” substitute “S4C”.
- (3) In subsection (2), for “the Authority” substitute “S4C”.
43
- (1) Section 343 (provision of information) is amended as follows.
- (2) In subsections (1) and (2), for “the Welsh Authority” substitute “S4C”.
- (3) In the heading, for “Welsh Authority” substitute “S4C”.
44
In section 347(7) (statement of charging principles), for “the Welsh Authority” substitute “S4C”.
45
- (1) Section 362 (interpretation of Part 3) is amended as follows.
- (2) In subsection (1)—
- (a) omit the definition of “S4C” and “S4C Digital”;
- (b) in the definition of “S4C company”—
- (i) for “the Welsh Authority” substitute “S4C”;
- (ii) for “that Authority”, in both places it occurs, substitute “S4C”;
- (c) after the definition of “S4C company” insert—
- “S4C Digital” means the television programme service provided by S4C in digital form and originally known as S4C Digital but increasingly since April 2010 (date of digital switch-over in Wales) simply called S4C;
.
- (3) In subsection (3)—
- (a) in paragraph (c);
- (b) in the words after that paragraph;
for “the Welsh Authority” substitute “S4C”.
46
In section 368R(6) (interpretation of Part 4A), for “the Welsh Authority”, in both places it occurs, substitute “S4C”.
47
In section 393(3)(g) (restrictions on disclosure of information), for “the Welsh Authority” substitute “S4C”.
48
In section 405(1) (interpretation of Act), after the definition of “representation” insert—
- “S4C” means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1) of the 1990 Act;
.
49
- (1) In the heading of Schedule 12 (corresponding obligations of the BBC and S4C), for “Welsh Authority” substitute “S4C”.
- (2) Part 2 of that Schedule (obligations of S4C) is amended in accordance with paragraphs 50 to 71.
50
In the heading of that Part, for “The Welsh Authority” substitute “S4C”.
51
- (1) Paragraph 3 (public service remits) is amended as follows.
- (2) Omit sub-paragraphs (1) to (4).
- (3) In sub-paragraph (5), for “modify sub-paragraphs (2) and (3)” substitute “amend section 204A for the purpose of modifying S4C’s public service remit”.
- (4) For sub-paragraphs (6) and (7) substitute—
(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.
- (5) For the italic heading before paragraph 3 substitute “Modification of S4C’s public service remit”.
52
- (1) Paragraph 4 (statements of programme policy) is amended as follows.
- (2) In sub-paragraphs (1) and (3) to (7), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (2)—
- (a) for “the Welsh Authority’s”, in both places it occurs, substitute “S4C’s”;
- (b) for paragraph (a) substitute—
(a) S4C’s public service remit is fulfilled; and
.
- (4) After sub-paragraph (2) insert—
(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.
53
- (1) Paragraph 5 (duties regarding arrangements with networks) is amended as follows.
- (2) For “the Welsh Authority”, in each place it occurs, substitute “S4C”.
- (3) In sub-paragraphs (3)(b) and (4), for “the Authority’s” substitute “S4C’s”.
- (4) In sub-paragraph (7)(a), for “the Welsh Authority’s” substitute “S4C’s”.
54
In paragraph 6 (supply of services by satellite in certain areas), for “the Welsh Authority” substitute “S4C”.
55
- (1) Paragraph 7 (programming quotas for independent productions) is amended as follows.
- (2) In sub-paragraphs (4), (6), (7), (8) and (10), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (7)(a), for “the Authority” substitute “S4C”.
56
- (1) Paragraph 8 (programme quotas for original productions) is amended as follows.
- (2) In sub-paragraphs (8) and (12)(a), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (12)(b), for “the Authority” substitute “S4C”.
57
- (1) Paragraph 9 (news and current affairs programmes) is amended as follows.
- (2) In sub-paragraphs (1), (2), (3), (4), (5)(a) and (9)(a), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraphs (5)(b) and (9)(b), for “the Authority” substitute “S4C”.
- (4) In sub-paragraph (7)—
- (a) omit paragraph (a);
- (b) in paragraph (c)—
- (i) for “the Welsh Authority’s” substitute “S4C’s”;
- (ii) after “designated” insert “in writing by the Secretary of State”;
- (iii) omit the words after “this paragraph”.
58
- (1) Paragraph 10 (code relating to programme commissioning) is amended as follows.
- (2) In sub-paragraphs (1), (2), (3), (7), (8)(c) and (10), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (2), after “of a” insert “television”.
- (4) In sub-paragraph (3)(d), for “the Authority” substitute “S4C”.
- (5) In sub-paragraphs (5) and (6), for “The Welsh Authority” substitute “S4C”.
- (6) In sub-paragraph (6)(b), for “that Authority” substitute “S4C”.
- (7) Omit sub-paragraph (10).
59
In paragraphs 12 (duty to observe programme standards), 13 (duty to comply with direction about complaints procedure) and 14(1) (duty to comply with directions about advertising), for “the Welsh Authority” substitute “S4C”.
60
In paragraph 13, for “the Authority” substitute “S4C”.
61
In paragraph 14(2)(a), for “the Authority’s” substitute “S4C’s”.
62
- (1) Paragraph 15 (OFCOM action if S4C fails to perform duties) is amended as follows.
- (2) In sub-paragraphs (1)(a), (2), (4), (5) and (6), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (1)(b), for “the Authority’s” substitute “S4C’s”.
- (4) In sub-paragraph (5), for “the Authority” substitute “S4C”.
63
- (1) Paragraph 16 (directions with respect to advertising) is amended as follows.
- (2) In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (2)(d), omit “S4C or”.
64
In paragraph 17 (fairness standards), for “the Welsh Authority” substitute “S4C”.
65
- (1) Paragraph 18 (party political broadcasts) is amended as follows.
- (2) In sub-paragraphs (1) and (5), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (2), for “The Welsh Authority” substitute “S4C”.
- (4) In sub-paragraph (3), for “The Welsh Authority’s” substitute “S4C’s”.
- (5) In sub-paragraph (6)—
- (a) omit paragraph (a);
- (b) in paragraph (c)—
- (i) for “the Welsh Authority’s” substitute “S4C’s”;
- (ii) after “designated” insert “in writing by the Secretary of State”;
- (iii) omit the words after “this paragraph”.
66
- (1) Paragraph 19 (publicising complaints procedures) is amended as follows.
- (2) In sub-paragraphs (1) and (2)(a), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraph (2)(b), for “the Authority”, in each place it occurs, substitute “S4C”.
67
In paragraph 20(1) (monitoring of programmes), for “the Welsh Authority” substitute “S4C”.
68
- (1) Paragraph 21 (compliance with international obligations) is amended as follows.
- (2) In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraphs (2) and (3), for “the Authority” substitute “S4C”.
69
- (1) Paragraph 22 (services for people with disabilities) is amended as follows.
- (2) For “the Welsh Authority” substitute “S4C”.
- (3) For “the Welsh Authority’s” substitute “S4C’s”.
70
- (1) Paragraph 23 (equality of opportunity) is amended as follows.
- (2) In sub-paragraphs (1), (2) and (5), for “the Welsh Authority” substitute “S4C”.
- (3) In sub-paragraphs (1) and (2), for “the Authority” substitute “S4C”.
- (4) In sub-paragraphs (3) and (4), for “The Welsh Authority” substitute “S4C”.
71
- (1) Paragraph 24 (public services) is amended as follows.
- (2) In sub-paragraph (1)—
- (a) for “the Welsh Authority’s” substitute “S4C’s”;
- (b) omit paragraph (a);
- (c) for paragraph (c) substitute—
(c) any other relevant audiovisual service provided by S4C in fulfilling its public service remit.
- (3) In sub-paragraph (2)—
- (a) for “the Welsh Authority” substitute “S4C”;
- (b) for “the Authority” substitute “S4C”.
- (4) In the italic heading before paragraph 24, for “Welsh Authority’s” substitute “S4C’s”.
72
In Schedule 18 (transitional provisions), omit paragraph 27 and sub- paragraph (3) of paragraph 43.
Equality Act 2010
73
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities), in the entry for “The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990)”, for “The Welsh Authority (as defined” substitute “S4C (as named”.
Schedule 5
Insert the following Chapter as Chapter 3 of Part 4A of the Communications Act 2003—
Schedule 6
1
Part 4A of the Communications Act 2003 is amended as follows.
2
Before section 368I insert—
.
3
- (1) Section 368I (enforcement of sections 368CB and 368D) is amended as follows.
- (2) For the heading substitute “Enforcement of service providers’ principal duties”.
- (3) In subsection (1), in the words before paragraph (a), after “section 368D” insert “, or that a provider of a non-UK on-demand programme service that is a Tier 1 service is contravening or has contravened section 368D,”.
- (4) After subsection (1) insert—
(1A) Where OFCOM (as the appropriate regulatory authority) determine that a provider of a Tier 1 service is contravening or has contravened section 368HC, 368HJ(1), 368HK(2) or 368HP, they may do one or both of the following— (a) give the provider an enforcement notice under this section; (b) impose a financial penalty on the provider in accordance with section 368J.
- (5) In subsection (2)—
- (a) after “subsection (1)” insert “or (1A)”;
- (b) after “section 368D” insert “or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP”.
- (6) In subsection (3)—
- (a) after “subsection (1)” insert “or (1A)”;
- (b) after “section 368D” insert “or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP”.
- (7) In subsection (10)—
- (a) after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”;
- (b) after “subsection (1)” insert “, (1A)”.
4
In section 368IA (enforcement of section 368E(4)), in subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”.
5
- (1) Section 368K (suspension or restriction of service for contraventions or failures) is amended as follows.
- (2) In subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (3) After subsection (1) insert—
(1A) OFCOM (as the appropriate regulatory authority) must serve a notice under subsection (2) on a provider of a Tier 1 service if they are satisfied— (a) that the provider is in contravention of section 368HC, 368HJ(1), 368HK(2) or 368HP, (b) that the imposition of one or more financial penalties or enforcement notifications under section 368I has not resulted in the remedying of the contravention, and (c) that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention.
- (4) In subsection (2)—
- (a) in paragraph (a), after “subsection (1)” insert “or (1A)”;
- (b) in paragraph (b), after “subsection (1)” insert “or (1A)”;
- (c) in paragraph (c), after “subsection (1)(a)” insert “or (1A)(a)”.
- (5) In subsection (3)—
- (a) in the words before paragraph (a), after “subsection (1)(c)” insert “or (1A)(c)”;
- (b) in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
6
- (1) Section 368L (suspension or restriction of service for inciting crime or disorder) is amended as follows.
- (2) In subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (3) In subsection (3), in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (4) In subsection (5), in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
7
- (1) Section 368M (supplementary provisions about directions) is amended as follows.
- (2) In subsection (2), after “any on-demand programme service” insert “, or to any non-UK on-demand programme service that is a Tier 1 service,”.
- (3) After subsection (2) insert—
(2A) A direction has effect in relation to a non-UK on-demand programme service that is a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.
8
In section 368N (enforcement of directions under section 368K or 368L), in subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
9
Before section 368NA insert—
.
10
- (1) Section 368NA (fees) is amended as follows.
- (2) In subsection (2), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (3) After subsection (8) insert—
(8A) The authority may also repay some or all of a fee paid to them by a person under subsection (2) if— (a) the person has ceased to provide a Tier 1 service at some time during the period to which the fee relates, (b) the Tier 1 service in question was a non-UK on-demand programme service, (c) the person gave a notification under section 368HC(4) that the person had ceased to provide the Tier 1 service, and (d) the person did not cease to provide the Tier 1 service following a direction given by the appropriate regulatory authority under section 368K or 368L. (8B) The authority may repay some of a fee paid to them by a person under subsection (2) if— (a) the person has ceased to provide a Tier 1 service at some time during the period to which the fee relates, (b) the Tier 1 service in question was an on-demand programme service that the person continues to provide, and (c) the person gave a notification under section 368HC(4) that the person had ceased to provide the Tier 1 service.
11
- (1) For section 368O (power to demand information) substitute—
(368O) (1) The appropriate regulatory authority may by notice require a person within subsection (5) to provide them with any information that they require for the purpose of carrying out their functions under this Part. (2) OFCOM may by notice require a person within subsection (5) to provide them with any information that they require for the purpose of carrying out their functions under Part 5 of the 1996 Act, so far as relating to Tier 1 services. (3) The power conferred by subsection (1) or (2) includes power to require a person within subsection (5) to obtain or generate information. (4) The power conferred by subsection (1) or (2) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM. (5) The persons within this subsection are— (a) a provider of an on-demand programme service or a non-UK on-demand programme service; (b) a person who was a provider of an on-demand programme service or a non-UK on-demand programme service at a time to which the required information relates; (c) a person who is not within paragraph (a) or (b) but who appears to the appropriate regulatory authority to have, or to be able to obtain or generate, information required by them as mentioned in subsection (1). (6) The information that the appropriate regulatory authority may require under subsection (1) includes, in particular, information that they require for any one or more of the following purposes— (a) the purpose of determining whether a person is a provider of an on-demand programme service or a non-UK on-demand programme service; (b) the purpose of determining whether a person is a provider of a Tier 1 service; (c) the purpose of determining whether there has been any change of circumstances that may affect a determination mentioned in paragraph (a) or (b); (d) the purpose of assessing compliance with any duty imposed on a provider of an on-demand programme service by or by virtue of Chapter 2; (e) the purpose of assessing compliance with any duty imposed on a provider of a Tier 1 service by or by virtue of Chapter 3; (f) the purpose of an investigation being carried out by the authority to determine whether a contravention of section 368BA, 368CB or 368D has occurred or is occurring; (g) the purpose of an investigation being carried out by the authority to determine whether there has been a failure to take an appropriate measure for the purpose mentioned in section 368E(4) or a failure to implement such a measure effectively; (h) the purpose of an investigation being carried out by the authority to determine whether a contravention of section 368HC, 368HJ(1), 368HK(2) or 368HP has occurred or is occurring; (i) the purpose of ascertaining or calculating applicable qualifying revenue under section 368J; (j) the purpose of determining the appropriate fee that a provider is required to pay under section 368NA. (7) A notice under subsection (1) or (2) (an “information notice”) must— (a) specify or describe the information to be provided, (b) specify why the information is required, (c) specify the form and manner in which the information must be provided, and (d) contain information about the consequences of not complying with the notice. (8) An information notice must specify when the information must be provided which may be— (a) on or by a specified date, or (b) within a specified period. (9) The power conferred by subsection (1) or (2) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings. (10) A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to subsection (11)). (11) The duty under subsection (10) does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account). (12) In this section— - “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); - “information” includes technical information and material such as videos, audiovisual commercial communications, screenshots and archived material. (368OZA) (1) Any power to require the provision of information under section 368HB, 368O or 368OB includes power to require the provision of information held outside the United Kingdom. (2) In the following provisions of this section, a “Part 4A information duty” means— (a) the duty under section 368HB(12); (b) the duty under section 368O(10); (c) the duty under section 368OB(9). (3) Sections 368I and 368K apply in relation to a failure by a provider of an on-demand programme service, or a non-UK on-demand programme service that is a Tier 1 service, to comply with a Part 4A information duty as if that failure were a contravention of section 368D. (4) Section 368I applies in relation to a failure by a person other than one described in subsection (3) to comply with a Part 4A information duty falling within subsection (2)(a) or (b) as if that failure were a contravention of section 368D. (5) Where section 368I applies in accordance with subsection (4)— (a) references in section 368I or 368J to a provider of an on-demand programme service are to be read as references to the person who has failed to comply with the Part 4A information duty, and (b) section 368J(1) applies as if, for the words “5 per cent. of the provider’s applicable qualifying revenue or £250,000, whichever is the greater amount”, there were substituted “£250,000”.
- (2) In consequence of the amendment made by sub-paragraph (1), in section 368D, in subsection (3)(b), for “section 368O(2) or (3)” substitute “section 368O(2) or (6)”.
12
- (1) Section 368R (interpretation of Part 4A) is amended as follows.
- (2) In subsection (1), in the definition of “children’s programme”, in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (3) In subsection (2), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (4) In subsection (3), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
- (5) In subsection (5), after “an on-demand programme service” insert “or a non-UK on-demand programme service”.
Schedule 7
1
In section 93 of the Representation of the People Act 1983 (broadcasting of local items during election period), in subsection (6), in the definition of “relevant services”, in paragraph (b), at the end insert “or services that are Tier 1 services within the meaning given by section 368HA of the Communications Act 2003”.
2
- (1) The Broadcasting Act 1996 is amended as follows.
- (2) In section 107 (preparation by OFCOM of code relating to avoidance of unjust or unfair treatment etc)—
- (a) in subsection (1), in paragraph (a), for “this section” substitute “subsection (5)”;
- (b) after subsection (1) insert—
(1A) OFCOM must also draw up, and from time to time review, a code giving guidance as to the principles to be observed, and practices to be followed, in connection with the avoidance of— (a) unjust or unfair treatment in any programme that is included in a Tier 1 service (within the meaning given by section 368HA of the Communications Act 2003), or (b) unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes. (1B) Subsection (1A) applies in relation to a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.
;
- (c) in subsection (3), for “the code” substitute “a code under this section”;
- (d) in subsection (4), for “the code” substitute “a code under this section”;
- (e) in subsection (5), for “This section” substitute “This subsection”.
- (3) In section 110 (general functions of OFCOM in relation to complaints), in subsection (3), for “the code” substitute “the codes”.
- (4) In section 111 (complaints of unfair treatment etc)—
- (a) in subsection (4), after “in a licensed service” insert “or a Tier 1 service”;
- (b) after subsection (4) insert—
(4A) OFCOM must not entertain, or proceed with the consideration of, a fairness complaint relating to the inclusion of a programme in a Tier 1 service unless it appears to them that the programme— (a) was first included in the service after the end of the grace period, or (b) if first included before then, either remained included or was again included after the end of that period. (4B) In subsection (4A), “the grace period”, in relation to a Tier 1 service, means the period of 12 months beginning with whichever is the later of the following— (a) the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service; (b) the day when the first code under section 107(1A) was published. (4C) Where regulations under section 368HB(1) of the Communications Act 2003 provide that an on-demand programme service, or a non-UK on-demand programme service, specified in the regulations is a Tier 1 service, the regulations may also provide— (a) that subsections (4A) and (4B) do not apply in relation to the service, or (b) that those subsections apply in relation to the service as if the reference in subsection (4B) to 12 months were a reference to such lesser period as may be specified in the regulations.
;
- (c) in subsection (5), after “in a licensed service” insert “or a Tier 1 service”;
- (d) in subsection (6), after “in a licensed service” insert “or a Tier 1 service”.
- (5) In section 115 (consideration of fairness complaints), in subsection (9)—
- (a) omit the “and” at the end of paragraph (a);
- (b) at the end of paragraph (b) insert
, and (c) in a case where the relevant programme was included in a Tier 1 service, the person who provides that service.
- (6) In section 119 (publication of OFCOM’s findings)—
- (a) after subsection (7C) insert—
(7D) Where the relevant person is a provider of a Tier 1 service, the following provisions of the Communications Act 2003 apply in relation to a contravention of the duty under subsection (6) as they apply in relation to a contravention of the duty under section 368HJ(1) of that Act— (a) section 368I(1A)(b) (power to impose a financial penalty in accordance with section 368J) and section 368J; (b) section 368K (suspension or restriction of services).
;
- (b) in subsection (8), in paragraph (c), for the words from “by a broadcasting body” to “licensed service” substitute “by a relevant person”;
- (c) in subsection (11A), omit the “and” at the end of paragraph (a);
- (d) in that subsection, at the end of paragraph (b) insert
; and (c) in a case where the relevant programme was included in a Tier 1 service, the person who provides that service.
- (7) In section 120 (reports on action taken voluntarily in response to findings on complaints)—
- (a) after subsection (3) insert—
(3A) Where the relevant programme was included in a Tier 1 service, the provider of that service shall send to OFCOM a report of any supplementary action taken by— (a) the provider, or (b) any other person appearing to the provider to be responsible for the making or provision of the relevant programme.
;
- (b) in subsection (4), for “or (3)” substitute “, (3) or (3A)”.
- (8) In section 130 (interpretation of Part 5), in subsection (1), insert at the appropriate place—
- “Tier 1 service” has the same meaning as in the Communications Act 2003 (see section 368HA of that Act);
.
3
- (1) The Communications Act 2003 is amended as follows.
- (2) In section 361 (meaning of “available for reception by members of the public”), in subsection (2), at the end insert “or a non-UK on-demand programme service that is a Tier 1 service (see section 368HA)”.
- (3) In section 368Z14 (prohibition of paid-for advertising of less healthy food and drink), in subsection (3)(b)—
- (a) after “in on-demand programme services” insert “or in non-UK on-demand programme services that are Tier 1 services”;
- (4) In section 405 (general interpretation), in subsection (1), insert at the appropriate places—
- “non-UK on-demand programme service” has the meaning given by section 368AA(1);
;
- “Tier 1 service” has the meaning given by section 368HA;
.
- (5) In Schedule 11A (restrictions on product placement), in paragraph 3(2)(a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
4
- (1) Section 9A of the Wireless Telegraphy Act 2006 (notice to satellite uplinkers) is amended as follows.
- (2) In subsection (3), in the words before paragraph (a), after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”.
- (3) In subsection (6)—
- (a) in the definition of “on-demand programme service”, after “on-demand programme service” insert “, “non-UK on-demand programme service” and “Tier 1 service” each”;
5
- (1) The Online Safety Act 2023 is amended as follows.
- (2) In section 80 (scope of duties about regulated provider pornographic content)—
- (a) in subsection (6)—
- (i) after “programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”;
- (ii) omit “within the meaning of section 368A of the Communications Act”;
- (b) after subsection (6) insert—
(6A) In subsection (6), “on-demand programme service”, “non-UK on-demand programme service” and “Tier 1 service” have the same meaning as in the Communications Act (see sections 368A, 368AA and 368HA of that Act).
- (3) In Schedule 9 (certain internet services not subject to duties relating to regulated provider pornographic content)—
- (a) in the italic heading before paragraph 5, after “services” insert “and non-UK on-demand programme services that are Tier 1 services”;
- (b) in paragraph 5 (on-demand programme services (entire internet service))—
- (i) in sub-paragraph (1), after “programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”;
- (ii) in sub-paragraph (2), for “has” substitute “, “non-UK on-demand programme service” and “Tier 1 service” have”;
- (c) in the italic heading before paragraph 6, after “services” insert “and non-UK on-demand programme services that are Tier 1 services”;
- (d) in paragraph 6 (on-demand programme services (part of internet service))—
- (i) in sub-paragraph (2)(a), after “programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”;
- (ii) in sub-paragraph (3), after “programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
Schedule 8
1
Part 4A of the Communications Act 2003 is amended as follows.
2
In section 368BZA (list of providers), in subsection (1), for “providing an on-demand programme service” substitute
who have— (a) given a notification to OFCOM under section 368BA(1) of their intention to provide an on-demand programme service, and (b) not given a further notification under section 368BA(2)(b) of their intention to cease to provide it
.
3
In section 368BB (enforcement of section 368BA), after subsection (6) insert—
(7) Subsection (6) applies whether or not the provider is in the United Kingdom.
4
Omit the cross-heading preceding section 368BC.
5
- (1) Omit sections 368BC and 368BD (accessibility for people with disabilities).
- (2) In consequence of the amendment made by sub-paragraph (1), in section 402 (power of Secretary of State to make orders and regulations), in subsection (2)(a), omit “or regulations under section 368BC”.
6
Omit section 368CA (code on accessibility for people with disabilities).
7
In section 368D (duties of service providers), in subsection (3)(zb), for “forty- two days” substitute “60 days”.
8
In section 368I (enforcement of sections 368CB and 368D), after subsection (8) insert—
(8A) Subsection (8) applies whether or not the provider is in the United Kingdom.
9
In section 368IA (enforcement of section 368E(4)), after subsection (8) insert—
(8A) Subsection (8) applies whether or not the person is in the United Kingdom.
10
In section 368J (financial penalties), in subsection (1), omit “, 368BD”.
11
In section 368K (suspension or restriction of service for contraventions or failures), in subsection (1)—
- (a) in paragraph (a), omit “, or of regulations under section 368BC”;
- (b) in paragraph (b), omit “, 368BD”.
12
- (1) Before section 368R insert—
(368QA) Section 362AZ10 (notices) applies in relation to a notice that may or must be given by OFCOM under any provision of this Part as it applies in relation to a notice that may or must be given by them under any provision of Part 3A.
- (2) In consequence of the amendment made by sub-paragraph (1), in section 394 (service of notifications and other documents), in subsection (2)(a) (as amended by paragraph 3 of Schedule 3 and paragraph 3 of Schedule 9), after “Part 3B” insert “or Part 4A”.
Schedule 9
1
The Communications Act 2003 is amended as follows.
2
In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “362AW” (inserted by paragraph 2 of Schedule 3) insert “, 362BC(6)”.
3
In section 394 (service of notifications and other documents), in subsection (2)(a), after “Part 3A” (inserted by paragraph 3 of Schedule 3) insert “, Part 3B”.
4
In section 400 (destination of fees and penalties), in subsection (1), in paragraph (ha) (inserted by paragraph 4 of Schedule 3), after “3A” insert “or 3B”.
Schedule 10
After Schedule 16 to the Communications Act 2003 insert—
Schedule 11
After Schedule 16A to the Communications Act 2003 (as inserted by Schedule 10) insert—
Schedule 12
Part 1 — Amendments of the Broadcasting Acts
1
In section 202 of the Broadcasting Act 1990 (general interpretation), in subsection (1), omit the definition of “the Audiovisual Media Services Directive”.
2
In section 105 of the Broadcasting Act 1996 (interpretation of Part 4), in subsection (1), in the definition of “the Audiovisual Media Services Directive”, at the end insert “as it has effect in EU law from time to time”.
Part 2 — Amendments of the Communications Act 2003
3
The Communications Act 2003 is amended as follows.
4
- (1) Section 335B (maintenance of list of providers) is amended as follows.
- (2) In subsection (1), for the words after paragraph (b) substitute “which are subject to regulation by OFCOM as a result of one of the provisions listed in subsection (1A)”.
- (3) After subsection (1) insert—
(1A) The provisions are— (a) section 198 (regulation of the BBC by OFCOM); (b) section 203 (regulation of S4C by OFCOM); (c) section 211 (regulation of independent television services).
- (4) Omit subsection (2).
- (5) For subsection (3) substitute—
(3) OFCOM must publish the up to date list on a publicly accessible part of their website.
- (6) In subsection (4)—
- (a) after “subsection (1)” insert “(other than any service provided by the BBC or S4C)”;
- (b) for the words from “the determination of jurisdiction” to the end substitute “whether or not the service falls to be regulated by OFCOM under section 211.”
5
- (1) Section 368BZA (maintenance of list of providers) is amended as follows.
- (2) Omit subsection (2).
- (3) For subsection (3) substitute—
(3) OFCOM must publish the up to date list on a publicly accessible part of their website.
6
In section 368BA (advance notification to appropriate regulatory authority), in subsection (4), for the words from “the determination” to the end substitute “whether or not paragraphs (e) and (f) of section 368A(1) are satisfied.”
7
In section 368CB (quota for European works)—
- (a) in subsection (7), in the definition of “European works”, after “Services Directive” insert “as it has effect in EU law as amended from time to time”;
- (b) in subsection (8), at the end insert “as amended from time to time”.
8
In section 368D (duties of service providers), in subsection (2)(ca), for the words from “under the jurisdiction” to the end substitute “subject to regulation by the appropriate regulatory authority as a result of section 368A(1)(e) and (f);”.
9
- (1) Section 368E (harmful material) is amended as follows.
- (2) Before subsection (3)(za) insert—
(zza) material the inclusion of which in an on-demand programme service would be an offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism),
.
- (3) In subsection (3)(za)—
- (a) for “would be conduct” substitute “is conduct of a kind that, immediately before IP completion day, would have been”;
- (b) omit sub-paragraph (i).
10
For section 368OA (co-operation with member States and the European Commission) substitute—
(368OA) OFCOM may co-operate with EEA States which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes— (a) facilitating the carrying out by OFCOM of any of their functions under this Part, or (b) facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to on-demand programme services under the Directive as it has effect in EU law as amended from time to time.
Reports on the fulfilment of the public service remit
OFCOM reports: wider review and reporting obligations
Public service remits of licensed providers
Statements of programme policy
Changes of programme policy
Enforcement of public service remits
Power to amend public service remit for television in the United Kingdom
Quotas: independent productions
Quotas: original productions
Power to create additional quotas for qualifying audiovisual content
Quotas: meaning of “qualifying audiovisual content” etc
Quotas: further provision about their fulfilment
Quotas: independent productions: commissioning code
Regional programme-making: Channels 3, 4 and 5
Networking arrangements for Channel 3
Removal of quotas for schools programmes on Channel 4
Quotas: the BBC and S4C
Power to require information
Amount of financial penalties: qualifying revenue
Categories of relevant service
Contracts relating to coverage of listed events
Restriction on showing live coverage of listed events
Regulations about coverage of listed events
Provision of information
Sections 20 to 24: further provision
Public teletext service
Further amendments relating to public service television
Prominence on television selection services
Sustainability duty of C4C
C4C’s duties in relation to commissioning programmes
Involvement of C4C in programme-making
S4C’s powers and public service remit
The S4C Board
Accounts and audit
Amendment of BBC’s obligation to provide Welsh programmes
Chapter 2 of Part 3: minor and consequential amendments
Tier 1 services
Audience protection reviews
S4C: on-demand programme services
Other amendments of Part 4A of the 2003 Act
Licensing of analogue radio services
Licensing and local services
Character of local services
Local news and information
Financial assistance for radio
Licensing of non-UK digital sound programme services
Radio multiplex licences
Regulation of radio selection services
Penalties under Parts 3A and 3B of the Communications Act 2003
Awards of costs
Amendments of broadcasting legislation: UK’s withdrawal from EU
Power to make consequential provision
Financial provisions
Extent
Commencement
Short title
Broadcasting Act 1990
Broadcasting Act 1996
Tobacco Advertising and Promotion Act 2002
Communications Act 2003
Digital Economy Act 2010
Broadcasting Act 1990
Broadcasting Act 1996
Tobacco Advertising and Promotion Act 2002
Communications Act 2003
Equality Act 2010
Insert the following Chapter as Chapter 3 of Part 4A of the Communications Act 2003—
After Schedule 16 to the Communications Act 2003 insert—
After Schedule 16A to the Communications Act 2003 (as inserted by Schedule 10) insert—
Editorial notes
[^key-3b10590f22a330a582fe647d039f636a]: S. 1 not in force at Royal Assent, see s. 55(3)(a)
[^key-243fb7c38cacb4754a43f456a5eb0968]: S. 2 not in force at Royal Assent, see s. 55(3)(a)
[^key-de7345a7981b66f4bcf8a1c6e092b401]: S. 3 not in force at Royal Assent, see s. 55(3)(a)
[^key-3b648c51219eddf2d3c20defb23fc150]: S. 4 not in force at Royal Assent, see s. 55(3)(a)
[^key-650174d83f1d1f5f76aafcee574b39ba]: S. 5 not in force at Royal Assent, see s. 55(3)(a)
[^key-bfcf9991b0ac3329b8fb335779a4c932]: S. 6 not in force at Royal Assent, see s. 55(3)(a)
[^key-1793ae76f8153c0f39350a2bca40a4e0]: S. 7 not in force at Royal Assent, see s. 55(3)(a)
[^key-871b771c166a412e30d25107ebd37400]: S. 8 not in force at Royal Assent, see s. 55(3)(a)
[^key-8b57e5bc099fa4181a92e41c604a4aa9]: S. 9 not in force at Royal Assent, see s. 55(3)(a)
[^key-29a4c69fcc189e03d7187a91d8be66a0]: S. 10 not in force at Royal Assent, see s. 55(3)(a)
[^key-0ec96f12ac8f434da3e8109dc473f3f1]: S. 11 not in force at Royal Assent, see s. 55(3)(a)
[^key-374177aaf696dc7401e84730b092085b]: S. 12 not in force at Royal Assent, see s. 55(3)(a)
[^key-857e05e44db69e72836dab66079e4670]: S. 13 not in force at Royal Assent, see s. 55(3)(a)
[^key-c288587a79f2d712dc3535125969d01a]: S. 14 not in force at Royal Assent, see s. 55(3)(a)
[^key-b2421ae5b7e79413d8c0a5ec5e4bce0d]: S. 15 not in force at Royal Assent, see s. 55(3)(a)
[^key-d72060c51841d85a03f08874542eee60]: S. 16 not in force at Royal Assent, see s. 55(3)(a)
[^key-188b0e7ddeedb7e58ea145efe6effb3c]: S. 17 not in force at Royal Assent, see s. 55(3)(a)
[^key-7d3e2043dd7a50900a758ea0d9de46c4]: S. 18 not in force at Royal Assent, see s. 55(3)(a)
[^key-0a309553e91ea3c3dca51c15afab52f0]: S. 19 not in force at Royal Assent, see s. 55(3)(a)
[^key-910601ac6f2eaff9f94efca228503a9f]: S. 20 not in force at Royal Assent, see s. 55(3)(a)
[^key-56ac883587b988a77bb03f471ebcb10b]: S. 21 not in force at Royal Assent, see s. 55(3)(a)
[^key-5f9dc61141a27d6c3ec113567f443fa5]: S. 22 not in force at Royal Assent, see s. 55(3)(a)
[^key-5db77c6dcd07aaebef27aebb69e5eba9]: S. 23 not in force at Royal Assent, see s. 55(3)(a)
[^key-e14042f286eb6902f17ca9aa9b95774a]: S. 24 not in force at Royal Assent, see s. 55(3)(a)
[^key-00908acd6af9ac79f537f0d555d1bc69]: S. 25 not in force at Royal Assent, see s. 55(3)(a)
[^key-00effd8db23193ec38b2736f0c81fdab]: S. 26 not in force at Royal Assent, see s. 55(3)(a)
[^key-7abcc205f8bb7d58bb337b807f6fdf5d]: S. 27 not in force at Royal Assent, see s. 55(3)(a)
[^key-f076850bd9c0fd9adc0cbc9e9bf5e69f]: S. 28 in force at Royal Assent for specified purposes, see s. 55(1)(a)
[^key-6f96643f25167d36581fb6bf37eee4f3]: S. 29 not in force at Royal Assent, see s. 55(3)(c)
[^key-9aad875b77544030ba775d7aac19d433]: S. 30 not in force at Royal Assent, see s. 55(3)(c)
[^key-448c8ea5cc27c24810af27733d6a756e]: S. 31 not in force at Royal Assent, see s. 55(3)(c)
[^key-5454520ad4ede3f9be70ba29f5ddf67a]: S. 32 not in force at Royal Assent, see s. 55(3)(c)
[^key-84da81b21bd8bfd78af2048168e86b01]: S. 33 not in force at Royal Assent, see s. 55(3)(c)
[^key-e862b81c7765dfd2d48d79a432243f71]: S. 34 not in force at Royal Assent, see s. 55(3)(c)
[^key-50b600a18f27a8b3f39cd6b45c6fa268]: S. 35 not in force at Royal Assent, see s. 55(3)(c)
[^key-3ff7852a3d92a28807e965b2982b2df4]: S. 36 not in force at Royal Assent, see s. 55(3)(c)
[^key-7f7c5891fc20747c52a0eb8e35fe5612]: S. 37 not in force at Royal Assent, see s. 55(3)(d)
[^key-ea9d5c29ba17cb1664bb6d878bc4caf1]: S. 38 not in force at Royal Assent, see s. 55(3)(d)
[^key-572c13a4ec2c4319fee1565dc81c33d1]: S. 39 not in force at Royal Assent, see s. 55(3)(d)
[^key-80c5ba973e42d45b4bb0f9fef8c75b4a]: S. 40 not in force at Royal Assent, see s. 55(3)(d)
[^key-e02de915bd0e234a85055c0d45702dd7]: S. 41 not in force at Royal Assent, see s. 55(3)(e)
[^key-057b459346ef702fbaa64bcd5a89f314]: S. 42 not in force at Royal Assent, see s. 55(3)(e)
[^key-be56ba7e8b87514d7ab1066c54b301d6]: S. 43 not in force at Royal Assent, see s. 55(3)(e)
[^key-1674dd133a378f707ffadc5ea6769c6c]: S. 44 not in force at Royal Assent, see s. 55(3)(e)
[^key-e61954537e4e4f7ea02a30ca0802ef58]: S. 45 not in force at Royal Assent, see s. 55(3)(e)
[^key-5c22aad7caffabaacf9f0b5beb3e1e0b]: S. 46 not in force at Royal Assent, see s. 55(3)(e)
[^key-1a71ab33814e53b7f714ce3ea0648578]: S. 47 not in force at Royal Assent, see s. 55(3)(e)
[^key-5a14098b0fc68edb8620a3f4c5ece479]: S. 48 not in force at Royal Assent, see s. 55(3)(f)
[^key-337bd1d7d9bd709116e8840ba867c76b]: S. 49 not in force at Royal Assent, see s. 55(3)(g)
[^key-f1c17a0eed5a0caa596a6fd1eddd10e4]: S. 51 not in force at Royal Assent, see s. 55(3)(h)
[^key-f780e26d47f2bc5e8c9cf677e31154c4]: S. 52 in force at Royal Assent, see s. 55(1)(b)
[^key-d2ed90e3e4e4dbe3e5adc045255eb788]: S. 53 in force at Royal Assent, see s. 55(1)(b)
[^key-bbaef41223ab8eb150efd6a2f3ebc637]: S. 54 in force at Royal Assent, see s. 55(1)(b)
[^key-04b9438229880c484879c9d94baaf793]: S. 55 in force at Royal Assent, see s. 55(1)(b)
[^key-951978b55ee9b62a32c98ecd4aea769b]: S. 56 in force at Royal Assent, see s. 55(1)(b)
[^key-b5c2f182331a1c3542f4b558ce3e33c8]: Sch. 1 para. 1 not in force at Royal Assent, see s. 55(3)(a)
[^key-fc81b083f025fef892165398dbd25ca8]: Sch. 1 para. 2 not in force at Royal Assent, see s. 55(3)(a)
[^key-5e72829d4774e8f4a9f8a2dafec3199a]: Sch. 1 para. 3 not in force at Royal Assent, see s. 55(3)(a)
[^key-c51d8030d15c9ab536ccbc9fe3eb04c2]: Sch. 1 para. 4 not in force at Royal Assent, see s. 55(3)(a)
[^key-25288798b7d781564dbba3068a25cf4d]: Sch. 2 para. 1 not in force at Royal Assent, see s. 55(3)(a)
[^key-8eacfd5d6932f74c7a2e270cd1b4acae]: Sch. 2 para. 2 not in force at Royal Assent, see s. 55(3)(a)
[^key-66098b7c70c3fb3f88f995445c06c15b]: Sch. 2 para. 3 not in force at Royal Assent, see s. 55(3)(a)
[^key-d05c9240914f3af83873dadef5d0db0b]: Sch. 2 para. 4 not in force at Royal Assent, see s. 55(3)(a)
[^key-bb143376a1fdc30a0e84a25ae6758c44]: Sch. 2 para. 5 not in force at Royal Assent, see s. 55(3)(a)
[^key-8ee76e21c2c7f86e64cce5e213827e35]: Sch. 2 para. 6 not in force at Royal Assent, see s. 55(3)(a)
[^key-2b41187d0d1954ec72706dc44451f949]: Sch. 2 para. 7 not in force at Royal Assent, see s. 55(3)(a)
[^key-50c1c0a900376ac0bde28b9f0bd6969a]: Sch. 2 para. 8 not in force at Royal Assent, see s. 55(3)(a)
[^key-e43a1f78a627783c8c7af967701c9891]: Sch. 2 para. 9 not in force at Royal Assent, see s. 55(3)(a)
[^key-e6bee5e4e2eaf0f9eac8b34662d9f954]: Sch. 2 para. 10 not in force at Royal Assent, see s. 55(3)(a)
[^key-0cc357871073d88504e7face4010c553]: Sch. 2 para. 11 not in force at Royal Assent, see s. 55(3)(a)
[^key-3cda12453e3df500a2cf2dab5f491e7e]: Sch. 2 para. 12 not in force at Royal Assent, see s. 55(3)(a)
[^key-8d8ce8e49035fba9b3861d41bea8587a]: Sch. 2 para. 13 not in force at Royal Assent, see s. 55(3)(a)
[^key-559acaf3389244b71b1d2e4b5596522e]: Sch. 2 para. 14 not in force at Royal Assent, see s. 55(3)(a)
[^key-5f6175b187a6b619d832dc5fcec5a2fa]: Sch. 2 para. 15 not in force at Royal Assent, see s. 55(3)(a)
[^key-f74ea97c450f161cdfafc97499d03308]: Sch. 2 para. 16 not in force at Royal Assent, see s. 55(3)(a)
[^key-61342f44472b2768b530b5e4eaa6d1d6]: Sch. 2 para. 17 not in force at Royal Assent, see s. 55(3)(a)
[^key-96085079fa19dca1536833a396977ee1]: Sch. 2 para. 18 not in force at Royal Assent, see s. 55(3)(a)
[^key-280a4066b9f0e970b0145cf17d2324b7]: Sch. 2 para. 19 not in force at Royal Assent, see s. 55(3)(a)
[^key-850525a3497a299bf4e96396694a0f05]: Sch. 2 para. 20 not in force at Royal Assent, see s. 55(3)(a)
[^key-b9e074469b3a59f36de48a2055dc1e9e]: Sch. 2 para. 21 not in force at Royal Assent, see s. 55(3)(a)
[^key-22223c1da14293e96682027fed145f80]: Sch. 2 para. 22 not in force at Royal Assent, see s. 55(3)(a)
[^key-a13f693b605bcb49b960abf5556fca32]: Sch. 2 para. 23 not in force at Royal Assent, see s. 55(3)(a)
[^key-744387f3e1b716c0b79c412988b26abf]: Sch. 2 para. 24 not in force at Royal Assent, see s. 55(3)(a)
[^key-5ddd7f357794e6729f1b7e1946d74db2]: Sch. 2 para. 25 not in force at Royal Assent, see s. 55(3)(a)
[^key-bf68222696ed6ab133edf95f9065a7e4]: Sch. 2 para. 26 not in force at Royal Assent, see s. 55(3)(a)
[^key-93c10461a7b4113a52fedd0ef4158025]: Sch. 2 para. 27 not in force at Royal Assent, see s. 55(3)(a)
[^key-bfc5a5b515b87603a2fcaf09a80ad861]: Sch. 2 para. 28 not in force at Royal Assent, see s. 55(3)(a)
[^key-5208c727a4df54f2b0af5fde72ebcfd3]: Sch. 2 para. 29 not in force at Royal Assent, see s. 55(3)(a)
[^key-e5d16701468bd3e6b58f498612896ba8]: Sch. 2 para. 30 not in force at Royal Assent, see s. 55(3)(a)
[^key-f578e05a82453a6bfcd7c7586947a760]: Sch. 2 para. 31 not in force at Royal Assent, see s. 55(3)(a)
[^key-fa9948a7a025c4e29500d246ffb138bf]: Sch. 2 para. 32 not in force at Royal Assent, see s. 55(3)(a)
[^key-f06aa4f7ebae4461513e1d2447faee09]: Sch. 2 para. 33 not in force at Royal Assent, see s. 55(3)(a)
[^key-666322a150749e7f8437103a44f13e03]: Sch. 2 para. 34 not in force at Royal Assent, see s. 55(3)(a)
[^key-b15c908dc09bce937681b1edb3804453]: Sch. 2 para. 35 not in force at Royal Assent, see s. 55(3)(a)
[^key-822a49cc0398af6fa900c11ba1989eb2]: Sch. 2 para. 36 not in force at Royal Assent, see s. 55(3)(a)
[^key-9ca3c749b160c202089730c152f57b44]: Sch. 2 para. 37 not in force at Royal Assent, see s. 55(3)(a)
[^key-c7d954388ef67b6549ca116b0effd623]: Sch. 2 para. 38 not in force at Royal Assent, see s. 55(3)(a)
[^key-8bc44ca1e98f13acf307e915ae9bb5b1]: Sch. 2 para. 39 not in force at Royal Assent, see s. 55(3)(a)
[^key-3e24ea47b59b41a5387f34eb12f46c91]: Sch. 2 para. 40 not in force at Royal Assent, see s. 55(3)(a)
[^key-7867dc65c21fd57c9ac2e0ae6c93eb1e]: Sch. 2 para. 41 not in force at Royal Assent, see s. 55(3)(a)
[^key-44b1f24f69212ecfa1b207e08033de72]: Sch. 2 para. 42 not in force at Royal Assent, see s. 55(3)(a)
[^key-e81977eb0836ee1f0b8d91a773b551a8]: Sch. 2 para. 43 not in force at Royal Assent, see s. 55(3)(a)
[^key-809bcd5d20c100ae01c41d07e7bf9da4]: Sch. 2 para. 44 not in force at Royal Assent, see s. 55(3)(a)
[^key-019bae18f0b726a218868ef1b2bdf5bf]: Sch. 2 para. 45 not in force at Royal Assent, see s. 55(3)(a)
[^key-f66b2cbf9e57a3c64c75dc16076ac08a]: Sch. 2 para. 46 not in force at Royal Assent, see s. 55(3)(a)
[^key-fef958d59ffbb935c240f0c115641cf7]: Sch. 2 para. 47 not in force at Royal Assent, see s. 55(3)(a)
[^key-290c6ed85c02c41f0975fd171a7dc4ef]: Sch. 2 para. 48 not in force at Royal Assent, see s. 55(3)(a)
[^key-28978a235bfddc4fecdf0e6da82190f0]: Sch. 2 para. 49 not in force at Royal Assent, see s. 55(3)(a)
[^key-a721ef13bad47bdc3e32e14320eebada]: Sch. 2 para. 50 not in force at Royal Assent, see s. 55(3)(a)
[^key-f89290b66215ff83ea98f761adb37d2f]: Sch. 2 para. 51 not in force at Royal Assent, see s. 55(3)(a)
[^key-7ef02ce1274f1291f9209fbeee47cb64]: Sch. 2 para. 52 not in force at Royal Assent, see s. 55(3)(a)
[^key-712d918b5fa8e7c400f3321369356341]: Sch. 2 para. 53 not in force at Royal Assent, see s. 55(3)(a)
[^key-41f2d5521cabeedf8d48ba52ae5ce792]: Sch. 2 para. 54 not in force at Royal Assent, see s. 55(3)(a)
[^key-c9355e3c6d4a4eef239b29a7c6f88b92]: Sch. 2 para. 55 not in force at Royal Assent, see s. 55(3)(a)
[^key-7cd6863f0c7f295d34c1223ec19c79ba]: Sch. 2 para. 56 not in force at Royal Assent, see s. 55(3)(a)
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