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(b) OFCOM consider appropriate for ensuring that the service is | |
consistently of a high quality. | |
(3) The agreement or direction may, for the purposes of sub-paragraph (1)(b), | |
fix a proportion for the purposes of sub-paragraph (1)(a) in terms of the | |
cumulative effect of two different minimum proportions, one applying to | 5 |
peak viewing times and the other to other times. | |
(4) The agreement or direction may provide that specified descriptions of | |
programmes are to be excluded in determining the programmes a | |
proportion of which is to constitute original productions. | |
(5) It may also provide that, in determining whether a programme is of a | 10 |
description of programmes excluded by an agreement or direction by virtue | |
of sub-paragraph (4), regard is to be had to any guidance prepared and | |
published, and from to time revised, by OFCOM. | |
(6) References in this paragraph, in relation to the designated public services of | |
the Welsh Authority, to original productions are references to programmes | 15 |
of such description as the Secretary of State may by order specify as | |
describing the programmes that are to be original productions for the | |
purposes of this paragraph. | |
(7) Before making an order under this paragraph the Secretary of State must | |
consult OFCOM, the BBC and the Welsh Authority. | 20 |
(8) No order is to be made containing provision authorised by this paragraph | |
unless a draft of the order has been laid before Parliament and approved by | |
a resolution of each House. | |
(9) The services that are designated public services for the purposes of this | |
paragraph are— | 25 |
(a) S4C; | |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | |
section 200 approving its provision. | 30 |
(10) In this section— | |
“peak viewing time”, in relation to the designated public services of | |
the Welsh Authority, means a time that is determined in accordance | |
with sub-paragraph (11) to be a peak viewing time for one or more | |
of those services; and | 35 |
“programme” does not include an advertisement. | |
(11) The determination for the purposes of this paragraph of peak viewing times | |
is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | |
(b) in default of agreement, by a direction given by OFCOM to the | 40 |
Authority determining those times. | |
News and current affairs programmes | |
9 (1) It shall be the duty of the Welsh Authority, in relation to their designated | |
public services, to secure— | |
(a) that the programmes included in each service include news | 45 |
programmes and current affairs programmes; | |
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(b) that the news programmes and current affairs programmes included | |
in each service deal with both national and international matters; and | |
(c) that the news programmes so included are broadcast for viewing at | |
intervals throughout the period for which the service is provided. | |
(2) It shall be the duty of the Welsh Authority, in relation to each of their | 5 |
designated public services, to ensure that the news programmes and current | |
affairs programmes included in each service are of high quality. | |
(3) It shall also be the duty of the Welsh Authority, in relation to each of their | |
designated public services, to secure that in each year— | |
(a) the time allocated to the broadcasting of news programmes included | 10 |
in the service, and | |
(b) the time allocated to the broadcasting of current affairs programmes | |
so included, | |
each constitutes no less than the proportion fixed under sub-paragraph (5) | |
of the time allocated to the broadcasting of all the programmes included in | 15 |
the service. | |
(4) It is the further duty of the Welsh Authority, in relation to each of their | |
designated public services, to secure that the time allocated— | |
(a) to the broadcasting of news programmes included in the service, and | |
(b) to the broadcasting of current affairs programmes so included, | 20 |
is, in each case, split, in the manner fixed under sub-paragraph (5), between | |
peak viewing times and other times. | |
(5) The fixing for the purposes of sub-paragraph (3) or (4) of a proportion or | |
manner of splitting allocated time is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | 25 |
(b) in default of agreement, by a direction given by OFCOM to the | |
Authority fixing the proportion or manner according to whatever | |
OFCOM consider appropriate. | |
(6) The agreement or direction may, for the purposes of sub-paragraph (4), fix a | |
proportion for the purposes of sub-paragraph (3) in terms of the cumulative | 30 |
effect of two different minimum proportions, one applying to peak viewing | |
times and the other to other times. | |
(7) The services that are designated public services for the purposes of this | |
paragraph are— | |
(a) S4C; | 35 |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | |
section 200 approving its provision. | |
(8) In this paragraph “peak viewing time”, in relation to a service, means a time | 40 |
that is determined in accordance with sub-paragraph (9) to be a peak | |
viewing time for that service. | |
(9) The determination for the purposes of this paragraph of a peak viewing time | |
is to be— | |
(a) by agreement between the Welsh Authority and OFCOM; or | 45 |
(b) in default of agreement, by a direction given by OFCOM to the | |
Authority determining that time. | |
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Co-operation with the public teletext provider | |
10 (1) The Welsh Authority must grant access to the public teletext provider to the | |
facilities that are reasonably required by him for the purposes of, or in | |
connection with, the provision of the public teletext service. | |
(2) The Welsh Authority may require the public teletext provider to pay a | 5 |
reasonable charge in respect of facilities access to which is granted under this | |
paragraph. | |
(3) In the event of a dispute, the amount of the charge is to be determined by | |
OFCOM. | |
Programme standards | 10 |
11 It shall be the duty of the Welsh Authority in relation to their public | |
television services to observe the standards set under section 307. | |
12 It shall be the duty of the Welsh Authority to comply with a direction given | |
to them by OFCOM with respect to the establishment of procedures for the | |
handling and resolution of complaints about the observance by the | 15 |
Authority of standards set under section 307. | |
13 (1) It shall be the duty of the Welsh Authority to comply with directions given | |
to them by OFCOM with respect to any of the matters mentioned in sub- | |
paragraph (2). | |
(2) Those matters are— | 20 |
(a) the exclusion from any of the Authority’s public television services | |
of a particular advertisement, or its exclusion in particular | |
circumstances; | |
(b) the descriptions of advertisements and methods of advertising to be | |
excluded from the services so provided (whether generally or in | 25 |
particular circumstances); and | |
(c) the methods of sponsorship to be excluded from those services | |
(whether generally or in particular circumstances). | |
14 (1) This paragraph applies if OFCOM are satisfied— | |
(a) that the Welsh Authority have failed in any respect to perform any | 30 |
of their duties under paragraphs 11 to 13; and | |
(b) that the failure can be appropriately remedied by the inclusion in any | |
or all of the Authority’s public television services of a correction or a | |
statement of findings. | |
(2) OFCOM may direct the Welsh Authority to include a correction or a | 35 |
statement of findings (or both) in any one or more of their public television | |
services. | |
(3) A direction may require the correction or statement of findings to be in such | |
form, and to be included in programmes at such time or times, as OFCOM | |
may determine. | 40 |
(4) OFCOM are not to give a direction under this paragraph unless they have | |
given the Welsh Authority a reasonable opportunity of making | |
representations to them about the matters appearing to OFCOM to provide | |
grounds for the giving of the direction. | |
(5) Where the Welsh Authority include a correction or a statement of findings | 45 |
in any of their public television services in pursuance of a direction under | |
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(5) this paragraph, the Authority may announce that they are doing so in | |
pursuance of such a direction. | |
(6) For the purposes of this section a statement of findings, in relation to a case | |
in which OFCOM are satisfied that the Welsh Authority have failed to | |
perform a duty imposed on them under paragraphs 11 to 13, is a statement | 5 |
of OFCOM’s findings in relation to that failure. | |
Directions with respect to advertising | |
15 (1) The Welsh Authority must comply with directions given to them by | |
OFCOM with respect to any of the matters mentioned in sub-paragraph (2). | |
(2) Those matters are— | 10 |
(a) the maximum amount of time to be given to advertisements in any | |
hour or other period; | |
(b) the minimum interval which must elapse between any two periods | |
given over to advertisements; | |
(c) the number of such periods to be allowed in any programme or in | 15 |
any hour or day; and | |
(d) the exclusion of advertisements from a specified part of S4C or S4C | |
Digital. | |
(3) Directions under this paragraph— | |
(a) may be either general or specific; | 20 |
(b) may be qualified or unqualified; and | |
(c) may make different provision for different parts of the day, different | |
days of the week, different types of programmes or for other | |
differing circumstances. | |
(4) In giving a direction under this paragraph, OFCOM shall take account of | 25 |
such of the international obligations of the United Kingdom as the Secretary | |
of State may notify to them for the purposes of this paragraph. | |
Fairness standards | |
16 It shall be the duty of the Welsh Authority to secure the observance— | |
(a) in connection with the provision of their public television services, | 30 |
and | |
(b) in relation to the programmes included in those services, | |
of the code for the time being in force under section 107 of the 1996 Act (the | |
fairness code). | |
Party political broadcasts | 35 |
17 (1) It shall be the duty of the Welsh Authority to include— | |
(a) party political broadcasts, and | |
(b) referendum campaign broadcasts, | |
in every designated public service of theirs. | |
(2) The Welsh Authority must prepare, publish and from time to time review | 40 |
and revise their policy with respect to— | |
(a) party political broadcasts and referendum campaign broadcasts; and | |
(b) the manner in which they propose to perform their duty under sub- | |
paragraph (1). | |
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(3) The Welsh Authority’s policy may, in particular, include provision for | |
determining— | |
(a) the political parties on whose behalf party political broadcasts may | |
be made; | |
(b) in relation to each political party on whose behalf such broadcasts | 5 |
may be made, the length and frequency of the broadcasts; and | |
(c) in relation to each designated organisation on whose behalf | |
referendum campaign broadcasts are required to be broadcast, the | |
length and frequency of such broadcasts. | |
(4) That policy is to have effect subject to sections 37 and 127 of the Political | 10 |
Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties | |
and designated organisations to be entitled to party political broadcasts or | |
referendum campaign broadcasts). | |
(5) In preparing or revising their policy with respect to the inclusion of party | |
political broadcasts or referendum campaign broadcasts in their designated | 15 |
public services, the Welsh Authority must have regard to— | |
(a) any views expressed for the purposes of this paragraph by the | |
Electoral Commission; and | |
(b) any rules made by OFCOM under section 321. | |
(6) The services that are designated public services for the purposes of this | 20 |
paragraph are— | |
(a) S4C; | |
(b) S4C Digital; and | |
(c) any of the Welsh Authority’s other public television services which | |
is designated for the purposes of this paragraph by the order under | 25 |
section 200 approving its provision. | |
(7) In this paragraph— | |
“designated organisation”, in relation to a referendum, means a | |
person or body designated by the Electoral Commission under | |
section 108 of the Political Parties, Elections and Referendums Act | 30 |
2000 in respect of that referendum; and | |
“referendum campaign broadcast” has the meaning given by section | |
127 of that Act. | |
Duty to publicise complaints procedures etc. | |
18 (1) It shall be the duty of the Welsh Authority to make arrangements for | 35 |
securing that the matters mentioned in sub-paragraph (2) are brought to the | |
attention of the public (whether by means of broadcasts or otherwise). | |
(2) Those matters are— | |
(a) OFCOM’s functions under Part 5 of the 1996 Act in relation to | |
services provided by the Welsh Authority; and | 40 |
(b) any procedures established by OFCOM or the Authority for the | |
handling and resolution of complaints about the observance by the | |
Authority of standards set under section 307. | |
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Compliance with international obligations | |
19 (1) OFCOM may give the Welsh Authority such directions as OFCOM consider | |
appropriate for securing that all relevant international obligations are | |
complied with. | |
(2) It shall be the duty of the Authority to comply with a direction under this | 5 |
paragraph. | |
(3) Before giving a direction under this paragraph, OFCOM must consult the | |
Authority. | |
(4) In this paragraph “relevant international obligations” means the | |
international obligations of the United Kingdom which have been notified | 10 |
to OFCOM by the Secretary of State for the purposes of this paragraph. | |
Services for the deaf and visually impaired | |
20 It shall be the duty of the Welsh Authority to observe the code for the time | |
being in force under section 293 in the provision of— | |
(a) S4C Digital; and | 15 |
(b) so much of any of the Welsh Authority’s other public television | |
services as is provided in digital form. | |
Equality of opportunity | |
21 (1) It shall be the duty of the Welsh Authority to make such arrangements as | |
they consider appropriate for promoting, in relation to employment with the | 20 |
Authority, equality of opportunity— | |
(a) between men and women; and | |
(b) between persons of different racial groups. | |
(2) It shall be the duty of the Welsh Authority to make arrangements for | |
promoting, in relation to employment with the Authority, the fair treatment | 25 |
of disabled persons. | |
(3) The Welsh Authority shall also make such arrangements as they consider | |
appropriate for the training and retraining of persons whom they employ in | |
or in connection with— | |
(a) the provision of one or more of their public services; or | 30 |
(b) the making of programmes to be included in one or more of those | |
services. | |
(4) The Welsh Authority— | |
(a) shall take all such steps as they consider appropriate for making | |
persons affected by any arrangements made in pursuance of sub- | 35 |
paragraphs (1) to (3) aware of the arrangements (including the | |
publication of the arrangements in such manner as they think fit); | |
(b) shall review the arrangements from time to time; and | |
(c) shall, from time to time (and at least annually), publish, in such | |
manner as they consider appropriate, their observations on the | 40 |
current operation and effectiveness of the arrangements. | |
(5) Before making any arrangements in pursuance of any of sub-paragraphs (1) | |
to (3) or determining the manner in which they will comply with sub- | |
paragraph (4), the Welsh Authority must consult OFCOM. | |
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(6) In this paragraph— | |
“disabled” has the same meaning as in the Disability Discrimination | |
Act 1995 (c. 50); | |
“racial group” has the same meaning as in the Race Relations Act 1976 | |
(c. 74) or, in Northern Ireland, the Race Relations (Northern | 5 |
Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)). | |
(7) The Secretary of State may by order amend sub-paragraph (1) by adding any | |
other form of equality of opportunity that he considers appropriate to that | |
sub-paragraph. | |
Meaning of Welsh Authority’s public services | 10 |
22 (1) In this Part of this Schedule, references to the Welsh Authority’s public | |
services are references to the following— | |
(a) S4C; | |
(b) S4C Digital; and | |
(c) the services the provision of which by the Authority is authorised by | 15 |
or under section 200. | |
(2) References in this Schedule to a public television service of the Welsh | |
Authority are references to any public service of the Authority which is a | |
television programme service. | |
Schedule 13 | 20 |
Section 333 | |
Financial penalties under the Broadcasting Acts | |
Part 1 | |
Broadcasting Act 1990 | |
Preliminary | |
1 The 1990 Act shall be amended as follows. | 25 |
Revocation of television services licence | |
2 (1) In subsection (3) of section 18 (penalty on revocation of television services | |
licence), for “a financial penalty of the prescribed amount” there shall be | |
substituted “a specified financial penalty”. | |
(2) For subsection (4) of that section (amount of penalty) there shall be | 30 |
substituted— | |
“(3A) The maximum amount which a person may be required to pay by | |
way of a penalty under subsection (3) is the maximum penalty given | |
by subsections (3B) and (3C). | |
(3B) In a case where the licence is revoked under this section or the | 35 |
penalty is imposed before the end of the first complete accounting | |
period of the licence holder to fall within the period for which the | |
licence is in force, the maximum penalty is whichever is the greater | |
of— | |
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