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define
public service content for the purposes of public service broadcasting. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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(1) |
For the purposes of the
Communications Act 2003 (c. 21)
“public service |
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television broadcasting”
shall be construed as broadcasting material with |
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public service content,
as defined in subsection (2). |
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(2) |
“Public service
content” is content which is primarily produced in the
United |
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Kingdom and which satisfies
one or more of the following criteria— |
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(a) |
it comprises local, national,
international news or current affairs which |
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is impartial, factual and
objective; |
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(b) |
its primary purpose is to
inform, educate or entertain children; |
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(c) |
its primary content is charitable
or religious; |
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(d) |
the content would not otherwise
be likely to be provided by the market |
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responding to consumer demand. |
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(3) |
Where the only criterion
of public service content is that contained in |
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subsection (2)(d), the
judgement relating to the likelihood of market failure |
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shall be made by the National
Audit Office, which must publish an opinion on |
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any matter referred to
it by the Secretary of State pursuant to this section. |
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(4) |
No content shall be public
service content if it fails to satisfy prevailing |
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standards of good taste
and decency. |
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(5) |
Section 264 of the Communications
Act 2003 is repealed. |
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(1) |
No licence fee revenue
shall be paid to the BBC by the Secretary of State for |
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services which do not satisfy
the criteria of public service content in section 1. |
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(2) |
It shall be the duty of
the National Audit Office to keep under review the total |
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cost of public service
television broadcasting. |
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(3) |
In
pursuance of its duty under subsection (2) the National Audit
Office must |
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conduct, in each calendar
year after the year in which this Act is passed, a value |
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for money audit of the
expenditure incurred on the broadcasting of public |
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service content that is
funded by the licence fee payer. |
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(4) |
The results of all audits
conducted under this section shall be published in |
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reports which must be laid
before both Houses of Parliament. |
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3 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Broadcasting (Public Service Content) Act 2009. |
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(2) |
This Act shall come into
force on a day to be appointed by the Secretary of State |
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provided that such date
shall be no later than 1 January 2011. |
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(3) |
This Act extends to England
and Wales, Scotland and Northern Ireland. |
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