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(a) specify, and comment on, whatever changes appear to OFCOM to have | |
occurred, during the period to which the report relates, in the extent to | |
which the purposes of public service television broadcasting in the | |
United Kingdom have been satisfied; | |
(b) specify, and comment on, whatever changes appear to OFCOM to have | 5 |
occurred, during that period, in the manner in which those purposes | |
are fulfilled; | |
(c) set out the findings of OFCOM on their consideration of the matters | |
mentioned in subsection (7) and any conclusions they have arrived at | |
in relation to those findings; and | 10 |
(d) set out OFCOM’s conclusions on the current state of public service | |
television broadcasting in the United Kingdom. | |
(9) In performing their duties under this section, OFCOM must have regard, in | |
particular, to— | |
(a) every statement of programme or service policy which has been made | 15 |
by virtue of this Chapter by a public service broadcaster, or which is | |
treated as such a statement; | |
(b) every equivalent statement of policy made by the BBC in pursuance of | |
any agreement between the BBC and the Secretary of State; and | |
(c) such matters arising at times before the coming into force of this section | 20 |
as OFCOM consider material. | |
(10) Every report prepared by OFCOM under this section must be published by | |
them— | |
(a) as soon as practicable after its preparation is complete; and | |
(b) in such manner as they consider appropriate. | 25 |
(11) The following are relevant television services for the purposes of this section— | |
(a) the television broadcasting services provided by the BBC; | |
(b) the television programme services that are public services of the Welsh | |
Authority (within the meaning of section 202); | |
(c) every Channel 3 service; | 30 |
(d) Channel 4; | |
(e) Channel 5; | |
(f) the public teletext service. | |
(12) The following are public service broadcasters for the purposes of this section— | |
(a) the BBC; | 35 |
(b) the Welsh Authority; | |
(c) the providers of the licensed public service channels; and | |
(d) the public teletext provider. | |
258 Public service remits of licensed providers | |
(1) The regulatory regime for every licensed public service channel, and for the | 40 |
public teletext service, includes a condition requiring the provider of the | |
channel or service to fulfil the public service remit for that channel or service. | |
(2) The public service remit— | |
(a) for every Channel 3 service, and | |
(b) for Channel 5, | 45 |
is the provision of a range of high quality and diverse programming. | |
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(3) The public service remit for Channel 4 is the provision of a broad range of high | |
quality and diverse programming which, in particular— | |
(a) demonstrates innovation, experiment and creativity in the form and | |
content of programmes; | |
(b) appeals to the tastes and interests of a culturally diverse society; | 5 |
(c) makes a significant contribution to meeting the need for the licensed | |
public service channels to include programmes of an educational | |
nature and other programmes of educative value; and | |
(d) exhibits a distinctive character. | |
(4) The public service remit for the public teletext service is the provision of a | 10 |
range of high quality and diverse text material. | |
(5) For so long as the public teletext service comprises both— | |
(a) an analogue teletext service, and | |
(b) a teletext service provided in digital form, | |
the conditions imposed under this section must require the public service remit | 15 |
of the public teletext service to be fulfilled separately in the case of each of those | |
services. | |
259 Statements of programme policy | |
(1) The regulatory regime for every licensed public service channel includes a | |
condition requiring the provider of the channel— | 20 |
(a) as soon as practicable after the coming into force of this section and | |
subsequently at annual intervals, to prepare a statement of programme | |
policy; and | |
(b) to monitor his own performance in the carrying out of the proposals | |
contained in the statements made in pursuance of the condition. | 25 |
(2) The condition must require every statement of programme policy prepared in | |
accordance with the condition to set out the proposals of the provider of the | |
channel for securing that, during the following year— | |
(a) the public service remit for the channel will be fulfilled; and | |
(b) the duties imposed on the provider by virtue of sections 270 to 288 will | 30 |
be performed. | |
(3) The condition must also require every such statement to contain a report on the | |
performance of the provider of the channel in the carrying out, during the | |
period since the previous statement, of the proposals contained in that | |
statement. | 35 |
(4) The condition must also provide that every such statement— | |
(a) must be prepared having regard to guidance given by OFCOM; | |
(b) must be prepared taking account of the reports previously published | |
by OFCOM under sections 257 and 348; | |
(c) must take special account of the most recent such reports; | 40 |
(d) must be published by the provider of the channel in question as soon as | |
practicable after its preparation is complete; and | |
(e) must be published in such manner as, having regard to any guidance | |
given by OFCOM, the provider considers appropriate. | |
(5) In preparing guidance about the preparation of such a statement, OFCOM | 45 |
must have regard, in particular, to the matters which, in the light of the | |
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(5) provisions of section 257(4) and (6), they consider should be included in | |
statements of programme policy. | |
(6) 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 | 5 |
(b) to make such revisions of that guidance as they think fit. | |
(7) The conditions of a licence to provide a licensed public service channel may | |
provide that a previous statement of policy made by the provider of the | |
channel is to be treated for the purposes of this Part— | |
(a) as if it were a statement made in relation to such period as may be so | 10 |
specified; and | |
(b) were a statement of programme policy for the purposes of a condition | |
imposed under this section. | |
(8) The reference in subsection (7) to a previous statement of policy is a reference | |
to any statement made by the provider of the channel— | 15 |
(a) whether before or after the commencement of this section, for the | |
purposes of his application for a Broadcasting Act licence for the | |
channel; or | |
(b) at any time before the commencement of this section, for any other | |
purpose. | 20 |
(9) A condition under subsection (7) cannot contain provision the effect of which | |
is to postpone the time at which a licence holder is required to make the first | |
statement of programme policy which (apart from that subsection) he is | |
required to make in pursuance of a condition imposed under this section. | |
260 Changes of programme policy | 25 |
(1) The regulatory regime for every licensed public service channel includes a | |
condition requiring compliance with subsection (2) in the case of a statement | |
of programme policy containing proposals for a significant change. | |
(2) This subsection requires the provider of the channel— | |
(a) to consult OFCOM before preparing the statement; and | 30 |
(b) to take account, in the preparation of the statement, of any opinions | |
expressed to the provider of the channel by OFCOM. | |
(3) A condition imposed under this section must further provide that, if it appears | |
to OFCOM that a statement of programme policy has been prepared by the | |
provider of the channel in contravention of a condition imposed under | 35 |
subsection (1), the provider is— | |
(a) to revise that statement in accordance with any directions given to him | |
by OFCOM; and | |
(b) to publish a revision of the statement in accordance with any such | |
directions only after the revision has been approved by OFCOM. | 40 |
(4) A change is a significant change for the purposes of this section if it is a change | |
as a result of which the channel would in any year be materially different in | |
character from in previous years. | |
(5) In determining for the purposes of any condition under this section whether a | |
change is a significant change— | 45 |
(a) regard must be had to any guidance issued by OFCOM; | |
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(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 | 5 |
in which the changes comprised in it began to occur. | |
(6) 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. | 10 |
261 Statements of service policy by the public teletext provider | |
(1) The regulatory regime for the public teletext service includes a condition | |
requiring the public teletext provider— | |
(a) as soon as practicable after the coming into force of this section and | |
subsequently at annual intervals, to prepare a statement of service | 15 |
policy; and | |
(b) to monitor his own performance in the carrying out of the proposals | |
contained in statements made in pursuance of the condition. | |
(2) The condition must require every statement of service policy prepared in | |
accordance with the condition to set out the proposals of the public teletext | 20 |
provider for securing that, during the following year, the public service remit | |
for the public teletext service will be fulfilled. | |
(3) The condition must also require every such statement to contain a report on the | |
performance of the public teletext provider in the carrying out, during the | |
period since the previous statement, of the proposals contained in that | 25 |
statement. | |
(4) The condition must provide that the proposals or report for a period in the | |
course of which the public teletext service will comprise or has comprised | |
both— | |
(a) an analogue teletext service, and | 30 |
(b) a teletext service provided in digital form, | |
must deal separately with each of those services. | |
(5) The condition must also provide that every statement in pursuance of the | |
condition— | |
(a) must be prepared having regard to guidance given by OFCOM; | 35 |
(b) must be prepared taking account of the reports previously published | |
by OFCOM under sections 257 and 348; | |
(c) must take special account of the most recent such reports; | |
(d) must be published by the public teletext provider as soon as practicable | |
after its preparation is complete; and | 40 |
(e) must be published in such manner as, having regard to any guidance | |
given by OFCOM, that provider considers appropriate. | |
(6) In preparing guidance about the preparation of such a statement, OFCOM | |
must have regard, in particular, to the matters which, in the light of the | |
provisions of section 257(4) and (6), they consider should be included in | 45 |
statements of service policy by the public teletext provider. | |
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(7) 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. | |
(8) The conditions of the licence to provide the public teletext service may provide | 5 |
that a previous statement of policy made by the public teletext provider is to be | |
treated for the purposes of this Part— | |
(a) as if it were a statement made in relation to such period as may be so | |
specified; and | |
(b) were a statement of service policy for the purposes of a condition | 10 |
imposed under this section. | |
(9) The reference in subsection (8) to a previous statement of policy is a reference | |
to any statement made by the public teletext provider— | |
(a) whether before or after the commencement of this section, for the | |
purposes of his application for a Broadcasting Act licence for the public | 15 |
teletext service or for the existing service (within the meaning of section | |
216); or | |
(b) at any time before the commencement of this section, for any other | |
purpose. | |
(10) A condition under subsection (8) cannot contain provision the effect of which | 20 |
is to postpone the time at which a licence holder is required to make the first | |
statement of service policy which (apart from that subsection) he is required to | |
make in pursuance of a condition imposed under this section. | |
262 Changes of service policy | |
(1) The regulatory regime for the public teletext service includes a condition | 25 |
requiring compliance with subsection (2) in the case of a statement of service | |
policy containing proposals for a significant change. | |
(2) This subsection requires the provider of the service— | |
(a) to consult OFCOM before preparing the statement; and | |
(b) to take account, in the preparation of the statement, of any opinions | 30 |
expressed to the provider of the service by OFCOM. | |
(3) A condition imposed under this section must further provide that, if it appears | |
to OFCOM that a statement of service policy has been prepared by the public | |
teletext provider in contravention of a condition imposed under subsection (1), | |
that provider is— | 35 |
(a) to revise that statement in accordance with any directions given to him | |
by OFCOM; and | |
(b) to publish a revision of the statement in accordance with any such | |
directions only after the revision has been approved by OFCOM. | |
(4) A change is a significant change for the purposes of this section if it is a change | 40 |
as a result of which the service would in any year be materially different in | |
character from in previous years. | |
(5) In determining for the purposes of any condition under this section whether a | |
change is a significant change— | |
(a) regard must be had to any guidance issued by OFCOM; | 45 |
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(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; | |
(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 | 5 |
in which the changes comprised in it began to occur; and | |
(d) any change that is a significant change in relation to so much of the | |
public teletext service as is provided in digital form or in relation to so | |
much of it as is provided in analogue form is to be regarded as a | |
significant change in relation to the whole service. | 10 |
(6) 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. | |
263 Enforcement of public service remits | 15 |
(1) This section applies if OFCOM are of the opinion that the provider of a licensed | |
public service channel or the public teletext provider— | |
(a) has failed to fulfil the public service remit for that channel or the public | |
teletext service; or | |
(b) has failed, in any respect, to make an adequate contribution towards | 20 |
the fulfilment of the purposes of public service television broadcasting | |
in the United Kingdom. | |
(2) This section does not apply unless— | |
(a) OFCOM are of the opinion that the failure of the provider is serious and | |
is not excused by economic or market conditions; and | 25 |
(b) OFCOM determine that the situation requires the exercise of their | |
powers under this section. | |
(3) In making a determination under subsection (2)(b), OFCOM must have regard, | |
in particular, to— | |
(a) the public service remit of that provider; | 30 |
(b) the statements of programme policy or statements of service policy | |
made (or treated as made) by the provider under section 259 or 261; | |
(c) the record generally of the provider in relation to the carrying out of | |
obligations imposed by conditions of licences under the 1990 Act and | |
the 1996 Act (including past obligations); | 35 |
(d) the effectiveness and efficiency of the provider in monitoring his own | |
performance; and | |
(e) general economic and market conditions affecting generally the | |
providers of television programme services or the providers of | |
television multiplex services, or both of them. | 40 |
(4) OFCOM shall have power to give directions to the provider to do one or both | |
of the following— | |
(a) to revise the provider’s latest statement of programme policy, or | |
statement of service policy, in accordance with the directions; and | |
(b) to take such steps for remedying the provider’s failure as OFCOM may | 45 |
specify in the direction as necessary for that purpose. | |
(5) A direction given under this section must set out— | |
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(a) a reasonable timetable for complying with it; and | |
(b) the factors that will be taken into account by OFCOM in determining— | |
(i) whether or not a failure of the provider has been remedied; and | |
(ii) whether or not to exercise their powers under subsection (6). | |
(6) If OFCOM are satisfied— | 5 |
(a) that the provider of a public service channel or the public teletext | |
provider has failed to comply with a direction under this section, | |
(b) that that provider is still failing to fulfil the public service remit for that | |
channel or service or adequately to contribute to the fulfilment of the | |
purposes of public service television broadcasting in the United | 10 |
Kingdom, and | |
(c) that it would be both reasonable and proportionate to the seriousness | |
of that failure to vary the provider’s licence in accordance with this | |
subsection, | |
OFCOM may, by notice to the provider, vary that licence so as to replace self- | 15 |
regulation with detailed regulation. | |
(7) For the purposes of subsection (6) a variation replacing self-regulation with | |
detailed regulation is a variation which— | |
(a) omits the conditions imposed by virtue of sections 258 to 262; and | |
(b) replaces those conditions with such specific conditions as OFCOM | 20 |
consider appropriate for securing that the provider— | |
(i) fulfils the public service remit for his service; and | |
(ii) makes an adequate contribution towards the fulfilment of the | |
purposes of public service television broadcasting in the United | |
Kingdom. | 25 |
(8) If, at any time following a variation in accordance with subsection (6) of a | |
provider’s licence, OFCOM consider that detailed regulation is no longer | |
necessary, they may again vary the licence so as, with effect from such time as | |
they may determine— | |
(a) to provide for the conditions required by virtue of sections 258 to 262 | 30 |
again to be included in the regulatory regime for the service provided | |
by that provider; and | |
(b) to remove or modify some or all of the specific conditions inserted | |
under that subsection. | |
(9) Before giving a direction under this section to a provider or exercising their | 35 |
power under this section to vary a provider’s licence, OFCOM must consult | |
that provider. | |
(10) In accordance with section 258(5), the reference in subsection (1) to a failure to | |
fulfil the public service remit for the public teletext service includes a failure to | |
fulfil that remit as respects only one of the services comprised in that service. | 40 |
(11) References in this section to the purposes of public service television | |
broadcasting in the United Kingdom are to be construed in accordance with | |
subsection (4) of section 257; and subsection (5) of that section shall have effect | |
for the purposes of the taking of action under this section as it applies for the | |
purposes of a review or report under that section. | 45 |
264 Power to amend public service remits | |
(1) The Secretary of State may by order modify any one or more of the following— | |
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