BBC statements of programme policy
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
NC18
To move the following Clause:
'(1) Any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services shall include (and in the event the agreement does not so include shall be deemed to include) an obligation on the BBC
(a) | as soon as practicable after the coming into force of this section and subsequently at annual intervals to prepare and publish a statement of programme policy for each of the BBC's services; and |
(b) | for the BBC to monitor its own performance in the carrying out of the proposals contained in the statements. |
(2) Every statement of programme policy must include
(a) | proposals for securing that during the following year |
(i) | the public service role of the BBC and the BBC's services will be fulfilled; |
(ii) | the functions, duties and obligations of the BBC and the BBC services as set out in the Charter and Agreement will be fulfilled; |
(iii) | such other matters as OFCOM may determine from time to time; |
(b) | a report on the performance of the BBC in the carrying out, during the period since the previous statement, of the proposals contained in that statement. |
(3) The BBC shall comply with subsection (4) in the case of a statement of programme policy containing proposals for a significant change.
(4) This subsection requires the BBC
(a) | to consult OFCOM before preparing the statement; and |
(b) | to take account, in the preparation of the statement, of any opinions expressed by OFCOM. |
(5) If it appears to OFCOM that a statement of programme policy has been prepared by the BBC in contravention of a condition imposed under subsection (4), the BBC must
(a) | revise that statement in accordance with any directions given to it by OFCOM; and |
(b) | publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM. |
(6) A change is a significant change for the purposes of this section if it is a change as a result of which the service would in any year be materially different in character from in previous years.
(7) In determining under this section whether a change is a significant change
(a) | regard must be had to any guidance issued by OFCOM; |
(b) | the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years; and |
(c) | the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur. |
(8) It shall be the duty of OFCOM
(a) | from time to time to review the guidance for the time being in force for the purposes of this section; and |
(b) | to make such revisions of that guidance as they think fit.'. |
Duty of OFCOM in relation to the BBC's new services
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
NC19
To move the following Clause:
'(1) Prior to the Secretary of State approving under the Charter or the Agreement the provision by the BBC of any new service or changes to an existing service whether or not a broadcasting or programme supply service it shall be the duty of OFCOM to prepare and publish a report commenting on whether the proposed new service or changes to the existing service will satisfy the objectives set out in subsection (2).
(2) The objectives referred to in subsection (1) are
(a) | the new service or the changes to the existing service are compatible with the BBC's primary public service role as set out in the Charter and Agreement and that it shall further any or all of the public purposes of the BBC or any of the services it provides as set out in those documents; |
(b) | that the value to the public of the new service or changes to an existing service will be proportionate to the likely impact on the market; |
(c) | that the new service will be universally accessible within a reasonable period of time free at the point of use; |
(d) | that the new service or the changes to the existing service will represent value for money for licence fee payers. |
(3) It shall be the duty of OFCOM
(a) | as soon as practicable after the end of the period of twelve months beginning with the commencement of this section; and |
(b) | as soon as practicable after the end of each subsequent period as may be selected by OFCOM for the purposes of this section |
to satisfy, for that period, the review and reporting obligations of subsection (4).
(4) The review and reporting obligations are
(a) | an obligation to carry out a review of the extent to which new services provided by the BBC and changes to existing services |
(i) | comply with the terms of the approval granted by the Secretary of State for such new services or changes to existing services; and |
(ii) | satisfy the objectives set out in subsection (2); |
(b) | an obligation to prepare a report on the matters found on the review. |
(5) In this section
| "Charter" means the Royal Charter for the Continuance of the British Broadcasting CorporationMay 1996 and any renewal or replacement thereof; |
| "Agreement" means any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services and the carrying on by the BBC of other activities for purposes connected with the provision of those services. |
(6) In this section for the purposes of the review and reporting obligations of OFCOM "new services" shall mean all new services approved (whether before or after the coming into force of this section) by the Secretary of State under the Charter or the Agreement.'.
OFCOM review duties in relation to BBC's services
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
NC20
To move the following Clause:
'(1) Prior to the Secretary of State approving under the Charter or the Agreement the provision by the BBC of any new service or changes to an existing service whether or not a broadcasting or programme supply service it shall be the duty of OFCOM to prepare and publish a report commenting on whether the proposed new service or changes to the existing service will satisfy the objectives set out in subsection (2).
(2) The objectives referred to in subsection (1) are
(a) | the new service or the changes to the existing service are compatible with the BBC's primary public service role as set out in the Charter and Agreement and that it shall further any or all of the public purposes of the BBC or any of the services it provides as set out in those documents; |
(b) | that the value to the public of the new service or changes to an existing service will be proportionate to the likely impact on the market; |
(c) | that the new service will be universally accessible within a reasonable period of time free at the point of use; |
(d) | that the new service or the changes to the existing service will represent value for money for licence fee payers. |
(3) The BBC shall
(a) | as soon as practicable after the coming into force of this section and subsequently at annual intervals prepare and publish a statement of programme policy for each of the BBC's services; and |
(b) | monitor its own performance in the carrying out of the proposals contained in the statements. |
(4) Every statement of programme policy must include
(a) | proposals for securing that during the following year |
(i) | the public service role of the BBC and the BBC's services will be fulfilled; |
(ii) | the functions, duties and obligations of the BBC and the BBC's services as set out in the Charter and Agreement will be fulfilled; |
(iii) | such other matters as OFCOM may determine from time to time; |
(b) | a report on the performance of the BBC in the carrying out, during the period since the previous statement, of the proposals contained in that statement. |
(5) It shall be the duty of OFCOM as soon as practicable after the end of the period of twelve months beginning with the commencement of this section and thereafter at such periods as OFCOM may determine to prepare and publish a report which must
(a) | comment on the extent to which new services provided by the BBC and changes to existing services |
(i) | comply with the terms of the approval granted by the Secretary of State for such new services or changes to existing services; and |
(ii) | satisfy the objectives set out in subsection (2); |
(b) | comment on the extent to which the BBC has |
(i) | fulfilled any statement of programme policy made by it; |
(ii) | made an adequate contribution towards the satisfaction of the general purposes of public service television broadcasting in the United Kingdom set out in section 256(4); |
(c) | specify the changes which in the opinion of OFCOM are required to the agreement between the BBC and the Secretary of State to ensure that the BBC fulfils the statements of programme policy referred to in subsection (3) and that the BBC makes an adequate contribution to public service television broadcasting in the United Kingdom. |
(6) In this section
| "Charter" means the Royal Charter for the Continuance of the British Broadcasting CorporationMay 1996 and any renewal or replacement thereof; |
| "Agreement" means any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services and to carrying on by the BBC of other activities for purposes connected with the provision of those services. |
(7) In this section "new services" shall mean all new services approved (whether before or after the coming into force of this section) by the Secretary of State under the Charter or the Agreement.'.
|