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Government requirements for licensed services | |
324 Government requirements for licensed services | |
(1) If it appears to the Secretary of State or any other Minister of the Crown to be | |
appropriate to do so in connection with any of his functions, the Secretary of | |
State or that Minister may at any time by notice require OFCOM to give a | 5 |
direction under subsection (2). | |
(2) A direction under this subsection is a direction to the holders of the | |
Broadcasting Act licences specified in the notice under subsection (1) to include | |
an announcement so specified in their licensed services. | |
(3) The direction may specify the times at which the announcement is to be | 10 |
broadcast or otherwise transmitted. | |
(4) Where the holder of a Broadcasting Act licence includes an announcement in | |
his licensed service in pursuance of a direction under this section, he may | |
announce that he is doing so in pursuance of such a direction. | |
(5) The Secretary of State may, at any time, by notice require OFCOM to direct the | 15 |
holders of the Broadcasting Act licences specified in the notice to refrain from | |
including in their licensed services any matter, or description of matter, | |
specified in the notice. | |
(6) Where— | |
(a) OFCOM have given the holder of a Broadcasting Act licence a direction | 20 |
in accordance with a notice under subsection (5), | |
(b) in consequence of the revocation by the Secretary of State of such a | |
notice, OFCOM have revoked such a direction, or | |
(c) such a notice has expired, | |
the holder of the licence in question may include in the licensed service an | 25 |
announcement of the giving or revocation of the direction or of the expiration | |
of the notice, as the case may be. | |
(7) OFCOM must comply with every requirement contained in a notice under this | |
section. | |
(8) The powers conferred by this section are in addition to any powers specifically | 30 |
conferred on the Secretary of State by or under this Act or any other enactment. | |
(9) In this section “Minister of the Crown” includes the Treasury. | |
Equal opportunities and training | |
325 Promotion of equal opportunities and training | |
(1) The regulatory regime for every service to which this section applies includes | 35 |
the conditions that OFCOM consider appropriate for requiring the licence | |
holder to make arrangements for promoting, in relation to employment with | |
the licence holder, equality of opportunity— | |
(a) between men and women; and | |
(b) between persons of different racial groups. | 40 |
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(2) That regime includes conditions requiring the licence holder to make | |
arrangements for promoting, in relation to employment with the licence | |
holder, the fair treatment of disabled persons. | |
(3) The regulatory regime for every service to which this section applies includes | |
the conditions that OFCOM consider appropriate for requiring the licence | 5 |
holder to make arrangements for the training and retraining of persons whom | |
he employs, in or in connection with— | |
(a) the provision of the licensed service; or | |
(b) the making of programmes to be included in that service. | |
(4) The conditions imposed by virtue of subsection (1) to (3) must contain | 10 |
provision, in relation to the arrangements made in pursuance of those | |
conditions, requiring the person providing the service in question— | |
(a) to take appropriate steps to make those affected by the arrangements | |
aware of them (including such publication of the arrangements as may | |
be required in accordance with the conditions); | 15 |
(b) from time to time, to review the arrangements; and | |
(c) from time to time (and at least annually) to publish, in such manner as | |
he considers appropriate, his observations on the current operation and | |
effectiveness of the arrangements. | |
(5) This section applies to a service if— | 20 |
(a) it is a service the provision of which is authorised by a Broadcasting Act | |
licence; and | |
(b) both of the conditions set out in subsection (6) are satisfied in the case | |
of that service. | |
(6) The conditions are— | 25 |
(a) that the person licensed to provide the service employs, or is likely to | |
employ, more than the threshold number of persons in connection with | |
the provision of the service; and | |
(b) that the licence authorising the provision of the service authorises its | |
provision on a number of days in any year which exceeds the threshold | 30 |
number of days (whether or not the service is in fact provided on those | |
days). | |
(7) In this section— | |
“disabled” has the same meaning as in the Disability Discrimination Act | |
1995 (c. 50); | 35 |
“racial group” has the same meaning as in the Race Relations Act 1976 | |
(c. 74) or, in Northern Ireland, the Race Relations (Northern Ireland) | |
Order 1997 (S.I. 1997/869 (N.I. 6)); | |
“the threshold number” means— | |
(a) in relation to persons, twenty; and | 40 |
(b) in relation to days, thirty-one. | |
(8) The Secretary of State may, by order— | |
(a) amend subsection (1) by adding any other form of equality of | |
opportunity that he considers appropriate; | |
(b) amend the definition of “the threshold number” in subsection (7). | 45 |
(9) No order is to be made containing provision authorised by subsection (8) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
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Corresponding rules for the BBC and Welsh Authority | |
326 Corresponding rules for the BBC and the Welsh Authority | |
Schedule 12 (which provides for the imposition on the BBC and the Welsh | |
Authority of obligations corresponding to obligations included in the | |
regulatory regime for licensed providers) shall have effect. | 5 |
Enforcement against the Welsh Authority | |
327 Review of fulfilment by Welsh Authority of public service remits | |
(1) The Secretary of State may carry out a review of the performance by the Welsh | |
Authority of their duty to secure that each of the following public service | |
remits— | 10 |
(a) that for S4C; | |
(b) that for S4C Digital; and | |
(c) that for each of the television programme services provided by them | |
with the approval of the Secretary of State under section 200, | |
is fulfilled in relation the services to which it applies. | 15 |
(2) The first review carried out under this section— | |
(a) shall be a review relating to the period since the passing of this Act; and | |
(b) must not be carried out before the end of the period of five years | |
beginning with the day of the passing of this Act. | |
(3) A subsequent review— | 20 |
(a) shall be a review relating to the period since the end of the period to | |
which the previous review related; and | |
(b) must not be carried out less than five years after the day of the | |
publication of the report of the previous review. | |
(4) On a review under this section the Secretary of State— | 25 |
(a) shall consult the National Assembly for Wales and the Welsh Authority | |
on the matters under review; and | |
(b) shall have regard to their opinions when reaching his conclusions. | |
(5) The Secretary of State shall also consult such other persons as he considers are | |
likely to be affected by whether, and in what manner, the Welsh Authority | 30 |
perform the duty mentioned in subsection (1). | |
(6) As soon as practicable after the conclusion of a review under this section the | |
Secretary of State must publish a report of his conclusions. | |
328 Directions to Welsh Authority to take remedial action | |
(1) This section applies if the Secretary of State’s conclusions on a review under | 35 |
section 327 include a finding— | |
(a) that the Welsh Authority has failed in any respect to perform their duty | |
to secure that the public service remit for a service mentioned in that | |
section is fulfilled; and | |
(b) that there is no reasonable excuse for the failure. | 40 |
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(2) The Secretary of State may give the Welsh Authority general or specific | |
directions requiring them to take the steps that he considers will ensure that the | |
Authority perform their duty properly in future. | |
(3) The Secretary of State is not to give a direction under this section unless a draft | |
of the proposed direction has been laid before Parliament and approved by a | 5 |
resolution of each House. | |
(4) Before laying a proposed direction before Parliament, the Secretary of State | |
must consult the Welsh Authority. | |
(5) It shall be the duty of the Welsh Authority to comply with every direction | |
under this section. | 10 |
329 Imposition of penalties on the Welsh Authority | |
(1) This section applies to the following requirements so far as they are imposed | |
on the Welsh Authority in relation to services provided by them— | |
(a) the requirements imposed by or under paragraphs 7 and 8 of Schedule | |
12 (programme quotas); | 15 |
(b) the requirements imposed by paragraph 9(1) and (3) of that Schedule | |
(news and current affairs); | |
(c) the requirement imposed by virtue of paragraph 11 of that Schedule to | |
comply with standards set under section 307, so far as that requirement | |
relates to standards set otherwise than for the purpose of securing the | 20 |
objectives set out in subsection (2)(c) or (d) of that section; | |
(d) the requirements imposed by paragraphs 13 and 15 of that Schedule | |
(advertising or sponsorship) to comply with a direction under those | |
paragraphs; | |
(e) the requirement imposed by paragraph 16 of that Schedule (observance | 25 |
of the fairness code); | |
(f) the requirement imposed by paragraph 18 of that Schedule (publicising | |
complaints procedure); | |
(g) the requirement imposed by paragraph 19 of that Schedule | |
(international obligations) to comply with a direction under that | 30 |
paragraph; | |
(h) the requirement under paragraph 20 of that Schedule (assistance for | |
disabled people) to comply with the code for the time being in force | |
under section 293; | |
(i) the requirement to comply with a direction under section 119(1) of the | 35 |
1996 Act (directions in respect of fairness matters). | |
(2) If OFCOM are satisfied that there has been a contravention of a requirement to | |
which this section applies, they may serve on the Welsh Authority a notice | |
requiring the Authority, within the specified period, to pay OFCOM a | |
specified penalty. | 40 |
(3) The amount of the penalty must not exceed £250,000. | |
(4) OFCOM are not to serve a notice on the Welsh Authority under this section | |
unless they have given them a reasonable opportunity of making | |
representations to OFCOM about the matters appearing to OFCOM to provide | |
grounds for the service of the notice. | 45 |
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(5) An exercise by OFCOM of their powers under this section does not preclude | |
any exercise by them of their powers under paragraph 14 of Schedule 12 in | |
respect of the same contravention. | |
(6) The Secretary of State may by order substitute a different sum for the sum for | |
the time being specified in subsection (3). | 5 |
(7) No order is to be made containing provision authorised by subsection (6) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
330 Contraventions recorded in Welsh Authority’s annual report | |
In paragraph 13 of Schedule 6 to the 1990 Act (annual report of the Welsh | 10 |
Authority)— | |
(a) in sub-paragraph (2), the words from “and shall include” onwards shall | |
be omitted; and | |
(b) after that sub-paragraph there shall be inserted— | |
“(3) The report shall also— | 15 |
(a) set out every contravention notification given by | |
OFCOM to the Authority during the year; and | |
(b) include such other information (including | |
information relating to the Authority’s financial | |
position) as the Secretary of State may from time to | 20 |
time direct. | |
(4) In sub-paragraph (3), ‘contravention notification’ means a | |
notification of a determination by OFCOM of a contravention | |
by the Authority of any obligation imposed by or under this | |
Act, the 1996 Act or Part 3 of the Communications Act 2003.” | 25 |
331 Provision of information by Welsh Authority | |
(1) It shall be the duty of the Welsh Authority to comply with every direction | |
given to them by OFCOM to provide OFCOM with information falling within | |
subsection (2). | |
(2) The information that the Welsh Authority may be directed to provide is any | 30 |
information which OFCOM may reasonably require for the purposes of | |
carrying out their functions in relation to the Welsh Authority under this Act, | |
the 1990 Act or the 1996 Act. | |
(3) Information that is required to be provided by a direction under this section | |
must be provided in such manner and at such times as may be required by the | 35 |
direction. | |
Enforcement of licence conditions | |
332 Transmission of statement of findings | |
(1) Sections 40 and 109 of the 1990 Act (power to direct licensee to broadcast | |
correction or apology) shall be amended as follows. | 40 |
(2) For “apology”, wherever occurring, there shall be substituted “a statement of | |
findings”. | |
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(3) After subsection (5), there shall be inserted— | |
“(6) For the purposes of this section a statement of findings, in relation to a | |
case in which OFCOM are satisfied that the holder of a licence has | |
contravened the conditions of his licence, is a statement of OFCOM’s | |
findings in relation to that contravention.” | 5 |
333 Financial penalties imposable on licence holders | |
Schedule 13 (which modifies the maximum penalties that may be imposed on | |
the holders of Broadcasting Act licences) shall have effect. | |
334 Broadcasting Act licence fees and penalties | |
(1) This section applies to the following amounts— | 10 |
(a) a cash bid amount payable to OFCOM under a Broadcasting Act licence | |
for the first year falling within the period for which the licence is in | |
force; | |
(b) an amount payable to OFCOM under such a licence for a subsequent | |
year as the amount equal to a cash bid amount increased by the | 15 |
appropriate percentage; | |
(c) an amount payable to OFCOM under such a licence as an amount | |
representing a percentage of relevant revenue for an accounting period; | |
(d) the amount of a penalty imposed by OFCOM under Part 1 or 3 of the | |
1990 Act, Part 1 or 2 of the 1996 Act or this Part of this Act. | 20 |
(2) Every amount to which this section applies shall be recoverable by OFCOM as | |
a debt due to them from the person obliged to pay it. | |
(3) The following liabilities— | |
(a) a person’s liability to have a penalty imposed on him under Part 1 or 3 | |
of the 1990 Act, Part 1 or 2 of the 1996 Act or this Part in respect of acts | 25 |
or omissions of his occurring while he was the holder of a Broadcasting | |
Act licence, and | |
(b) a liability of a person as the holder of such a licence to pay an amount | |
to which this section applies, | |
are not affected by that person’s Broadcasting Act licence having ceased (for | 30 |
any reason) to be in force before the imposition of the penalty or the payment | |
of that amount. | |
(4) In this section— | |
“the appropriate percentage” has the same meaning as in section 19 of the | |
1990 Act; | 35 |
“cash bid amount” means an amount specified in a cash bid for a | |
Broadcasting Act licence or the amount determined by OFCOM for the | |
purposes of any provision of the 1990 Act or this Part to be what would | |
have been the amount of a cash bid for a licence; | |
“relevant revenue” means any of the following— | 40 |
(a) the amount which for the purposes of section 19, 52(1), 102(1) or | |
118 (1) of the 1990 Act is the amount of qualifying revenue for | |
an accounting period; | |
(b) the amount which for the purposes of section 13(1) or 55(1) of | |
the 1996 Act is the amount of multiplex revenue for an | 45 |
accounting period; or | |
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(c) an amount which for the purposes of paragraph 7 of Schedule | |
10 to this Act is the amount of qualifying revenue for an | |
accounting period. | |
Chapter 5 | |
Media ownership and control | 5 |
Restrictions on licence holders | |
335 Modification of disqualification provisions | |
(1) In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences), | |
the following shall cease to have effect— | |
(a) paragraphs (a) and (b) of paragraph 1(1) (individuals and bodies from | 10 |
outside the member States); and | |
(b) paragraph 6 (disqualification for advertising agencies). | |
(2) In paragraph 2 of that Part (disqualification of religious bodies)— | |
(a) for “Subject to sub-paragraph (2)” there shall be substituted “Subject to | |
paragraph 2A”; and | 15 |
(b) sub-paragraphs (2) and (3) shall cease to have effect. | |
(3) After paragraph 2 of that Part there shall be inserted— | |
“2A (1) Paragraph 2 does not apply to a person in relation to a licence if— | |
(a) OFCOM have made a determination under this paragraph in | |
the case of that person; | 20 |
(b) that determination is one made as respects licences of a | |
description applicable to that licence; and | |
(c) the determination remains in force. | |
(2) OFCOM are to make a determination under this paragraph in a | |
person’s case and as respects a particular description of licence if, | 25 |
and only if, they are satisfied that it is appropriate (notwithstanding | |
paragraph 2) for that person to hold a licence of that description. | |
(3) OFCOM are not to make a determination under this paragraph | |
except on an application made to them for the purpose. | |
(4) A determination under this paragraph may be made as respects only | 30 |
one or more of the following descriptions of licence— | |
(a) a licence to provide a restricted service (within the meaning | |
of Part 1 of this Act); | |
(b) a digital programme licence (within the meaning given by | |
section 18 of the 1996 Act for the purposes of Part 1 of that | 35 |
Act); | |
(c) a digital additional services licence (within the meaning | |
given by section 25 of the 1996 Act for the purposes of Part 1 | |
of that Act); | |
(d) a licence to provide a television licensable content service | 40 |
(within the meaning of Part 3 of the Communications Act | |
2003); | |
(e) a licence under Part 3 of this Act which is not a national | |
licence; | |
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