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Communications Bill


Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    408

 

          (2)      Those matters are—

              (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;

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              (c)             the number of such periods to be allowed in any programme or in

any hour or day; and

              (d)             the exclusion of advertisements from a specified part of S4C or S4C

Digital.

          (3)      Directions under this paragraph—

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              (a)             may be either general or specific;

              (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.

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          (4)      In giving a direction under this paragraph, OFCOM shall take account of

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

  17       It shall be the duty of the Welsh Authority to secure the observance—

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              (a)             in connection with the provision of their public television services,

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).

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Party political broadcasts

  18      (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.

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          (2)      The Welsh Authority must prepare, publish and from time to time review

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

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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.

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    409

 

          (4)      That policy 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).

          (5)      In preparing or revising their policy with respect to the inclusion of party

5

political broadcasts or referendum campaign broadcasts in their designated

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 323.

10

          (6)      The services that are designated public services for the purposes of this

paragraph are—

              (a)             S4C;

              (b)             S4C Digital; and

              (c)             any of the Welsh Authority’s other public television services which

15

is designated for the purposes of this paragraph by the order under

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

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section 108 of the Political Parties, Elections and Referendums Act

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.

25

  19      (1)      It shall be the duty of the Welsh Authority to make arrangements for

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

30

services provided by the Welsh Authority; and

              (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 309.

Monitoring of programmes

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  20      (1)      It shall be the duty of the Welsh Authority—

              (a)             in respect of every programme included in any of their public

television services, to retain a recording of the programme in the

form, and for the period, specified by OFCOM;

              (b)             to comply with any request to produce such recordings to OFCOM

40

for examination or reproduction; and

              (c)             to comply, to the extent that they are able to do so, with any request

to produce to OFCOM a script or transcript of a programme included

in any of their public television services.

          (2)      The period specified for the purposes of sub-paragraph (1)(a) must be a

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period not exceeding ninety days.

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    410

 

Compliance with international obligations

  21      (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

  22       It shall be the duty of the Welsh Authority to observe the code for the time

being in force under section 295 in the provision of—

              (a)             S4C Digital; and

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              (b)             so much of any of the Welsh Authority’s other public television

services as is provided in digital form.

Equality of opportunity

  23      (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

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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

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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.

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    411

 

          (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.

          (8)      No order is to be made containing provision authorised by sub-paragraph

10

(7) unless a draft of the order has been laid before Parliament and approved

by a resolution of each House.

Meaning of Welsh Authority’s public services

  24      (1)      In this Part of this Schedule, references to the Welsh Authority’s public

services are references to the following—

15

              (a)             S4C;

              (b)             S4C Digital; and

              (c)             the services the provision of which by the Authority is authorised by

or under section 200.

          (2)      References in this Schedule to a public television service of the Welsh

20

Authority are references to any public service of the Authority which is a

television programme service.

Schedule 13

Section 335

 

Financial penalties under the Broadcasting Acts

Part 1

25

Broadcasting Act 1990

Preliminary

  1        The 1990 Act shall be amended as follows.

Revocation of television services licence

  2       (1)      In subsection (3) of section 18 (penalty on revocation of television services

30

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

substituted—

              “(3A)                The maximum amount which a person may be required to pay by

35

way of a penalty under subsection (3) is the maximum penalty given

by subsections (3B) and (3C).

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    412

 

              (3B)                In a case where the licence is revoked under this section or the

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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                    (a)                   £500,000; and

                    (b)                   7 per cent. of the amount which OFCOM estimate would

have been the qualifying revenue for the first complete

accounting period of the licence holder falling within the

period for which the licence would have been in force.

10

              (3C)                In any other case, the maximum penalty is whichever is the greater

of—

                    (a)                   £500,000; and

                    (b)                   7 per cent. of the qualifying revenue for the last complete

accounting period of the licence holder falling within the

15

period for which the licence is in force.

              (3D)                Section 19(2) to (6) applies for estimating or determining qualifying

revenue for the purposes of subsection (3B) or (3C) above.”

          (3)      This paragraph applies only in a case of a revocation in relation to which—

              (a)             the notice required by section 18(2) of the 1990 Act, or

20

              (b)             the notice revoking the licence,

                   is served after the commencement of this paragraph.

Licences for Channel 3 services and for Channels 4 and 5

  3       (1)      For subsection (2) of section 41 (penalties for failure by holder of licence for

Channel 3 services, Channel 4 or Channel 5 to comply with licence

25

conditions or directions) there shall be substituted—

              “(1A)                The amount of a financial penalty imposed on a person in pursuance

of subsection (1)(a) shall not exceed 5 per cent. of the qualifying

revenue for the licence holder’s last complete accounting period

falling within the period for which his licence has been in force (‘the

30

relevant period’).

              (1B)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

imposed, subsection (1A) is to be construed as referring to 5 per cent.

of the amount which OFCOM estimate to be the qualifying revenue

35

for that accounting period.

              (1C)                Section 19(2) to (6) applies for determining or estimating qualifying

revenue for the purposes of subsection (1A) or (1B) above.”

          (2)      This paragraph applies in relation to a failure to comply with a condition or

direction only if it is one occurring after the commencement of this

40

paragraph.

Restricted services licences

  4       (1)      In subsection (2) of section 42B (application of sections 40 to 42 to licensing

of restricted services), for “subsections (3) and (4)” there shall be substituted

“subsections (3) to (3C)”.

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Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    413

 

          (2)      In subsection (3) of that section—

              (a)             for “subsection (2)” there shall be substituted “subsections (1A) to

(1C)”; and

              (b)             for the words from “shall not exceed whichever is the greater”

onwards there shall be substituted “is the maximum penalty given

5

by subsection (3A).”

          (3)      For subsection (4) of that section (penalties for failure to comply with

conditions or directions) there shall be substituted—

              “(3A)                The maximum penalty is whichever is the greater of—

                    (a)                   £250,000; and

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                    (b)                   5 per cent. of the qualifying revenue for the licence holder’s

last complete accounting period falling within the period for

which his licence has been in force (‘the relevant period’).

              (3B)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

15

imposed, subsection (3A)(b) is to be construed as referring to 5 per

cent. of the amount which OFCOM estimate to be the qualifying

revenue for that accounting period.

              (3C)                Section 19(2) to (6) applies for determining or estimating qualifying

revenue for the purposes of subsection (3A) or (3B) above.”

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          (4)      This paragraph applies in relation to a failure to comply with a condition or

direction only if it is one occurring after the commencement of this

paragraph.

Additional television services licences

  5       (1)      For subsection (2) of section 55 (penalties for failure by holder of licence for

25

additional television service to comply with licence conditions or directions)

there shall be substituted—

              “(1A)                The amount of a financial penalty imposed on a person in pursuance

of subsection (1) shall not exceed 5 per cent. of the qualifying revenue

for the licence holder’s last complete accounting period falling

30

within the period for which his licence has been in force (‘the

relevant period’).

              (1B)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

imposed, subsection (1A) is to be construed as referring to 5 per cent.

35

of the amount which OFCOM estimate to be the qualifying revenue

for that accounting period.

              (1C)                Section 52(2) applies for determining or estimating qualifying

revenue for the purposes of subsection (1A) or (1B) above.”

          (2)      This paragraph applies in relation to a failure to comply with a condition or

40

direction only if it is one occurring after the commencement of this

paragraph.

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    414

 

Revocation of national sound broadcasting licence

  6       (1)      In subsection (3) of section 101 (penalty on revocation of national sound

broadcasting 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

5

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

10

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—

                    (a)                   £250,000; and

15

                    (b)                   7 per cent. of the amount which OFCOM estimate would

have been the qualifying revenue for the first complete

accounting period of the licence holder falling within the

period for which the licence would have been in force.

              (3C)                In any other case, the maximum penalty is whichever is the greater

20

of—

                    (a)                   £250,000; and

                    (b)                   7 per cent. of the qualifying revenue for the last complete

accounting period of the licence holder falling within the

period for which the licence is in force.

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              (3D)                Section 102(2) to (6) applies for estimating or determining qualifying

revenue for the purposes of subsection (3B) or (3C) above.”

          (3)      This paragraph applies only in a case of a revocation in relation to which—

              (a)             the notice required by section 101(2) of the 1990 Act, or

              (b)             the notice revoking the licence,

30

                   is served after the commencement of this paragraph.

Licences for analogue sound services

  7       (1)      For subsection (2) of section 110 (penalties for failure by holder of national

sound broadcasting licence to comply with licence conditions or directions)

there shall be substituted—

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              “(1A)                The maximum amount which the holder of a national licence may be

required to pay by way of a financial penalty imposed in pursuance

of subsection (1)(a) is the maximum penalty given by subsection (1B).

              (1B)                The maximum penalty is whichever is the greater of—

                    (a)                   £250,000; and

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                    (b)                   5 per cent. of the qualifying revenue for his last complete

accounting period falling within the period for which his

licence has been in force (‘the relevant period’).

 

 

 
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