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(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; | 5 |
(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— | 10 |
(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. | 15 |
(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— | 20 |
(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). | 25 |
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. | 30 |
(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). | 35 |
(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 | 40 |
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. | |
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(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 | 20 |
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 | 35 |
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 | 45 |
period not exceeding ninety days. | |
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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 | 15 |
(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 | 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. | |
(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). | |
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(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— | 5 |
(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)”. | 45 |
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(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 | 10 |
(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.” | 20 |
(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. | |
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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. | 25 |
(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— | 35 |
“(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 | 40 |
(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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