|
Mr Stephen Timms
Dr Kim Howells
576
Schedule 12, page 387, line 8, at end insert—
"acquisition", in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; and"programming budget" means the budget for the production and acquisition of qualifying programmes.'.
Michael Fabricant
Mr Andrew Lansley
Nick Harvey
Mr Richard Allan
235
Schedule 12, page 387, line 8, at end insert—
'1A(1) It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the radio broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.
(2) In subparagraph (1)—
| (a) | the reference to prescribed percentage is a reference to the percentage which the Secretary of State may by order specify; |
| (b) | the reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of that section; |
| (c) | the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of that subsection; and |
| (d) | the reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved. |
(3) Before making an order under subparagraph (2) above the Secretary of State shall consult with OFCOM.
(4) OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under subparagraph (1) above in that period.'.
Michael Fabricant
631
Schedule 12, page 387, line 8, at end insert—
'1A(1) It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the radio broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.
(2) In sub-paragraph (1)—
| (a) | the reference to prescribed percentage is a reference to the percentage which OFCOM may by order specify; |
| (b) | the reference to qualifying programmes is a reference to programmes of such description as OFCOM may by order specify as describing the programmes that are to be qualifying programmes for the purposes of this paragraph; |
| (c) | the reference to independent productions is a reference to programmes of such description as OFCOM may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and |
| (d) | the reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved. |
(3) The provisions of section 388 shall apply to OFCOM's powers to make orders under this paragraph.
(4) OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under sub-paragraph (1) above in that period.'.
Mr Andrew Lansley
590
Schedule 12, page 387, line 18, at end insert—
'2A (1) It shall be the duty of the BBC to include—
| (a) | party political broadcasts, and |
| (b) | referendum campaign broadcasts |
in each relevant service.
(2) In meeting its duty, the BBC shall have regard to—
| (a) | any views expressed for the purpose of this paragraph by the Electoral Commission; and |
| (b) | any rules made by OFCOM under section 321. |
(3) The BBC's duty under this paragraph is to have effect subject to sections 37 and 127 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and designated organisations to be entitled to party political broadcasts or referendum campaign broadcasts).
(4) In this paragraph—
| | "relevant services" means those television and radio services which are prescribed as such in accordance with the provisions of section 321(2A), |
| | "designated organisation", in relation to a referendum, means a person or body designated by the Electoral Commission under section 108 of the Political Parties, Elections and Referendums Act 2000 in respect of that referendum, |
| | "referendum campaign broadcast" has the meaning given by section 127 of that Act.'. |
Mr Andrew Lansley
607
Schedule 12, page 387, line 18, at end insert—
'Duty in relation to the promotion of programmes, channels and related services in the BBC's services
2A It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed television service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed television service.'.
Mr Simon Thomas
194
Schedule 12, page 387, line 33, at end insert—
'(2A) In subsubparagraph (2)(b), "mainly" means at least 75 per cent.'.
Mr Stephen Timms
Dr Kim Howells
577
Schedule 12, page 391, line 4, leave out 'sub-paragraph (1)' and insert 'this paragraph'.
Mr Stephen Timms
Dr Kim Howells
578
Schedule 12, page 391, line 5, leave out 'the' and insert 'a'.
Mr Stephen Timms
Dr Kim Howells
579
Schedule 12, page 391, line 8, leave out 'that sub-paragraph' and insert 'this paragraph'.
Mr Stephen Timms
Dr Kim Howells
580
Schedule 12, page 391, line 9, leave out 'the' and insert 'a'.
Mr Stephen Timms
Dr Kim Howells
581
Schedule 12, page 391, line 12, leave out 'that sub-paragraph' and insert 'this paragraph'.
Mr Stephen Timms
Dr Kim Howells
582
Schedule 12, page 391, line 14, leave out 'the' and insert 'a'.
Mr Stephen Timms
Dr Kim Howells
583
Schedule 12, page 391, line 19, at end insert—
| '(3A) | The Secretary of State may also by order provide for the Welsh Authority to have the duty set out in sub-paragraph (3B), either instead of or as well as the one set out in sub-paragraph (1). |
| (3B) | That duty is a duty to secure that, in each year, not less than the percentage specified in the order of the programming budget for that year for the designated public services (taken together) is applied in the acquisition of independent productions. |
| (3C) | The power to make an order under sub-paragraph (3A) includes power to provide that the Welsh Authority are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph. |
| (3D) | The Secretary of State is not to make an order for the Welsh Authority to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (3B) unless— |
(a) OFCOM have made a recommendation to him that the Authority should be subject to that duty, or should cease to be subject to it; and
(b) the order gives effect to that recommendation.
| (3E) | The Welsh Authority must comply with directions given to them by OFCOM for the purpose of— |
(a) carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (3A); and
(b) thereby increasing the percentage applicable for the purposes of those duties to the subsequent year or years.
| (3F) | For the purposes of this paragraph— |
(a) the amount of the programming budget for a year, and
(b) the means of determining the amount of that budget that is applied for any purpose,
are to be computed in accordance with such provision as may be set out in an order made by the Secretary of State, or as may be determined by OFCOM in accordance with such an order.'.
Mr Stephen Timms
Dr Kim Howells
584
Schedule 12, page 391, line 32, leave out "'programme" does not include an advertisement' and insert—
"acquisition", in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast;"programme" does not include an advertisement; and"programming budget" means the budget for the production and acquisition of qualifying programmes.'.
Mr Stephen Timms
Dr Kim Howells
585
Schedule 12, page 392, line 18, at end insert—
'(6A) The power to specify descriptions of programmes by order under subsection (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit.'.
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