|
| |
|
(b) | operates a computer program or server that forms part |
| |
of the system that enables the names included in the |
| |
register to be used to access internet portal addresses or |
| |
other information by means of the internet; |
| |
“prescribed” means prescribed by regulations made by the |
| 5 |
| |
“registrar”, in relation to an internet domain registry, means a |
| |
person authorised by the registry to act on behalf of end-users |
| |
in connection with the registration of internet domain names; |
| |
“relevant body” means a company formed and registered under |
| 10 |
the Companies Act 2006 or a limited liability partnership.” |
| |
19 | Appointment of manager of internet domain registry |
| |
(1) | After section 124N of the Communications Act 2003 insert— |
| |
“124O | Appointment of manager of internet domain registry |
| |
(1) | This section applies where— |
| 15 |
(a) | the Secretary of State has given a notification under section |
| |
124N to an internet domain registry specifying a failure, |
| |
(b) | the period allowed for making representations has expired, and |
| |
(c) | the Secretary of State is satisfied that the registry has not taken |
| |
the steps that the Secretary of State considers appropriate for |
| 20 |
remedying the failure and any consequences of the failure. |
| |
(2) | The Secretary of State may by order appoint a manager in respect of the |
| |
property and affairs of the internet domain registry for the purpose of |
| |
securing that the registry takes the steps described in subsection (1)(c). |
| |
(3) | The person appointed may be anyone whom the Secretary of State |
| 25 |
| |
(4) | The appointment of the manager does not affect— |
| |
(a) | a right of a person to appoint a receiver of the registry’s |
| |
| |
(b) | the rights of a receiver appointed by a person other than the |
| 30 |
| |
(5) | The Secretary of State must— |
| |
(a) | keep the order under review, and |
| |
(b) | if appropriate, discharge all or part of the order. |
| |
(6) | The Secretary of State must discharge the order on the appointment of |
| 35 |
a person to act as administrative receiver, administrator, provisional |
| |
liquidator or liquidator of the registry. |
| |
(7) | When discharging an order under this section, the Secretary of State |
| |
may make savings and transitional provision. |
| |
(8) | The Secretary of State must send a copy of an order made under this |
| 40 |
section to the registry as soon as practicable after it is made. |
| |
(9) | In subsection (4), “receiver” includes a manager (other than a manager |
| |
appointed by the registry) and a person who is appointed as both |
| |
| |
|
| |
|
| |
|
| |
“administrative receiver” means an administrative receiver within |
| |
the meaning of section 251 of the Insolvency Act 1986 or Article |
| |
5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ |
| |
| 5 |
“administrator” means a person appointed to manage the affairs, |
| |
business and property of the registry under Schedule B1 to that |
| |
Act or Schedule B1 to that Order. |
| |
124P | Functions of manager etc |
| |
(1) | An order under section 124O may make provision about the functions |
| 10 |
to be exercised by, and the powers of, the manager. |
| |
(2) | The order may, in particular— |
| |
(a) | provide for the manager to have such of the functions of the |
| |
registry’s directors as are specified in the order (including |
| |
functions exercisable only by a particular director or class of |
| 15 |
| |
(b) | provide for the registry’s directors to be prevented from |
| |
exercising any of those functions. |
| |
(3) | The order may make provision about the remuneration of the manager, |
| |
| 20 |
(a) | provision for the amount of the remuneration to be determined |
| |
by the Secretary of State, and |
| |
(b) | provision for the remuneration to be payable from the property |
| |
| |
(4) | In carrying out the functions conferred by the order, the manager acts |
| 25 |
| |
(5) | The Secretary of State may apply to the court for directions in relation |
| |
to any matter arising in connection with the functions or powers of the |
| |
manager (and the costs of the application are to be paid by the registry). |
| |
(6) | On an application under subsection (5) the court may give such |
| 30 |
directions or make such orders as it thinks fit. |
| |
(7) | In this section “the court” means— |
| |
(a) | in England and Wales, the High Court or a county court, |
| |
(b) | in Scotland, the Court of Session or the sheriff, and |
| |
(c) | in Northern Ireland, the High Court. |
| 35 |
(8) | Where the registry is a limited liability partnership, this section applies |
| |
as if references to a director of the registry were references to a member |
| |
of the limited liability partnership.” |
| |
(2) | In section 192(1)(d) of that Act (appeals against decisions of the Secretary of |
| |
State), after sub-paragraph (ii) insert— |
| 40 |
“(iia) | an order under section 124O;”. |
| |
(3) | In section 402(1) of that Act (powers of the Secretary of State to make orders |
| |
and regulations), after “conferred by” insert “section 124O and”. |
| |
|
| |
|
| |
|
20 | Application to court to alter constitution of internet domain registry |
| |
After section 124P of the Communications Act 2003 insert— |
| |
“124Q | Application to court to alter constitution of internet domain registry |
| |
(1) | This section applies where— |
| |
(a) | the Secretary of State has given a notification under section |
| 5 |
124N to an internet domain registry specifying a failure, |
| |
(b) | the period allowed for making representations has expired, and |
| |
(c) | the Secretary of State is satisfied that the registry has not taken |
| |
the steps that the Secretary of State considers appropriate for |
| |
remedying the failure and any consequences of the failure. |
| 10 |
(2) | The Secretary of State may apply to the court (as defined in section |
| |
124P) for an order under this section. |
| |
(3) | The court may make an order— |
| |
(a) | making alterations of the registry’s constitution, and |
| |
(b) | requiring the registry not to make any alterations, or any |
| 15 |
specified alterations, of its constitution without the leave of the |
| |
| |
(4) | An order under this section may contain only such provision as the |
| |
court considers appropriate for securing that the registry remedies the |
| |
failure specified in the notification under section 124N and any |
| 20 |
consequences of the failure. |
| |
| |
“constitution” means, in the case of a company, the articles of |
| |
association and, in the case of a limited liability partnership, the |
| |
limited liability partnership agreement; |
| 25 |
“limited liability partnership agreement” means the agreement or |
| |
agreements, whether express or implied, between the members |
| |
of a limited liability partnership, and between the partnership |
| |
and the members of the partnership, determining— |
| |
(a) | the mutual rights and duties of the members, and |
| 30 |
(b) | their rights and duties in relation to the partnership.” |
| |
Channel Four Television Corporation |
| |
21 | Functions of C4C in relation to media content |
| |
(1) | Before section 199 of the Communications Act 2003 insert— |
| |
“198A | C4C’s functions in relation to media content |
| 35 |
(1) | C4C must participate in— |
| |
(a) | the making of a broad range of relevant media content of high |
| |
quality that, taken as a whole, appeals to the tastes and interests |
| |
of a culturally diverse society, |
| |
(b) | the making of high quality films intended to be shown to the |
| 40 |
general public at the cinema in the United Kingdom, and |
| |
(c) | the broadcasting and distribution of such content and films. |
| |
(2) | C4C must, in particular, participate in— |
| |
|
| |
|
| |
|
(a) | the making of relevant media content that consists of news and |
| |
| |
(b) | the making of relevant media content that appeals to the tastes |
| |
and interests of older children and young adults, |
| |
(c) | the broadcasting or distribution by means of electronic |
| 5 |
communications networks of feature films that reflect cultural |
| |
activity in the United Kingdom (including third party films), |
| |
| |
(d) | the broadcasting or distribution of relevant media content by |
| |
means of a range of different types of electronic |
| 10 |
| |
(3) | In performing their duties under subsections (1) and (2) C4C must— |
| |
(a) | promote measures intended to secure that people are well- |
| |
informed and motivated to participate in society in a variety of |
| |
| 15 |
(b) | contribute towards the fulfilment of the public service |
| |
objectives (as defined in section 264A). |
| |
(4) | In performing their duties under subsections (1) to (3) C4C must— |
| |
(a) | support the development of people with creative talent, in |
| |
| 20 |
(i) | people at the beginning of their careers in relevant |
| |
media content or films, and |
| |
(ii) | people involved in the making of innovative content |
| |
| |
(b) | support and stimulate well-informed debate on a wide range of |
| 25 |
issues, in particular by challenging established views, |
| |
(c) | promote alternative views and new perspectives, and |
| |
(d) | provide access to material that is intended to inspire people to |
| |
make changes in their lives. |
| |
(5) | In performing those duties C4C must have regard to the desirability |
| 30 |
| |
(a) | working with cultural organisations, |
| |
(b) | encouraging innovation in the means by which relevant media |
| |
content is broadcast or distributed, and |
| |
(c) | promoting access to and awareness of services provided in |
| 35 |
| |
| |
“participate in” includes invest in or otherwise procure; |
| |
“relevant media content” means material, other than |
| |
advertisements, which is included in any of the following |
| 40 |
services that are available to members of the public in all or part |
| |
| |
(a) | television programme services, additional television |
| |
services or digital additional television services, |
| |
(b) | on-demand programme services, or |
| 45 |
(c) | other services provided by means of the internet where |
| |
there is a person who exercises editorial control over the |
| |
material included in the service; |
| |
| and a film is a “third party film” if C4C did not participate in making it. |
| |
|
| |
|
| |
|
(7) | The services that are to be taken for the purposes of this section to be |
| |
available to members of the public include any service which— |
| |
(a) | is available for reception by members of the public (within the |
| |
meaning of section 361); or |
| |
(b) | is available for use by members of the public (within the |
| 5 |
meaning of section 368R(4)).” |
| |
(2) | In section 199(2) of that Act (functions of C4C), for “C4C’s primary functions |
| |
are” substitute “In subsection (1) “primary functions” means— |
| |
(za) | the performance of C4C’s duties under section 198A;” |
| |
| and in the heading for that section, at the beginning insert “Other”. |
| 10 |
(3) | In Schedule 9 to that Act (arrangements about carrying on C4C’s activities)— |
| |
(a) | in paragraph 1(1), after paragraph (a) (but before “and”) insert— |
| |
“(aa) | as soon as practicable after the day on which section |
| |
| |
(b) | in paragraph 10, in the definition of “relevant licence period”, after |
| 15 |
paragraph (a) (but before “and”) insert— |
| |
“(aa) | in relation to the notification under paragraph |
| |
1(1)(aa), the period beginning on the day on |
| |
which section 198A comes into force and ending |
| |
on the last day of the first licence period to expire |
| 20 |
| |
(c) | in that definition, in paragraph (b), for “any other such notification” |
| |
substitute “any other notification under paragraph 1”. |
| |
(4) | Accordingly, in the heading for Part 3 of that Act (television and radio |
| |
services), at the end insert “ETC”. |
| 25 |
(5) | In section 24(1) of the Broadcasting Act 1990 (Channel 4 to be provided by |
| |
C4C), for “The function of the Corporation shall be to” substitute “The |
| |
| |
(6) | In paragraph 1 of Schedule 3 to that Act (status and capacity of C4C)— |
| |
(a) | in sub-paragraph (4)(b), for “primary functions” substitute “Channel 4 |
| 30 |
| |
(b) | after that sub-paragraph insert— |
| |
“(5) | In sub-paragraph (4) “Channel 4 functions” means— |
| |
(a) | securing the continued provision of Channel 4, and |
| |
(b) | the fulfilment of the public service remit for that |
| 35 |
Channel under section 265 of the Communications |
| |
| |
22 | Monitoring and enforcing C4C’s media content duties |
| |
(1) | After section 198A of the Communications Act 2003 insert— |
| |
“198B | Statement of media content policy |
| 40 |
(1) | C4C must prepare a statement of media content policy— |
| |
(a) | at the same time as they prepare the first statement of |
| |
programme policy that is prepared under section 266 after this |
| |
section comes into force, and |
| |
(b) | subsequently at annual intervals. |
| 45 |
|
| |
|
| |
|
(2) | C4C must monitor their performance in carrying out the proposals |
| |
contained in their statements of media content policy. |
| |
(3) | A statement of media content policy must— |
| |
(a) | set out C4C’s proposals for securing that, during the following |
| |
year, they will discharge their duties under section 198A, and |
| 5 |
(b) | include a report on their performance in carrying out the |
| |
proposals contained in the previous statement. |
| |
(4) | In preparing the statement, C4C must— |
| |
(a) | have regard to guidance given by OFCOM, and |
| |
| 10 |
(5) | C4C must publish each statement of media content policy— |
| |
(a) | as soon as practicable after its preparation is complete, and |
| |
(b) | in such manner as they consider appropriate, having regard to |
| |
any guidance given by OFCOM. |
| |
| 15 |
(a) | from time to time review the guidance for the time being in |
| |
force for the purposes of this section, and |
| |
(b) | revise that guidance as they think fit. |
| |
198C | OFCOM reports on C4C’s media content duties |
| |
(1) | For each relevant period, OFCOM must— |
| 20 |
(a) | carry out a review of the extent to which C4C have discharged |
| |
their duties under section 198A, and |
| |
(b) | prepare a report on the matters found on the review. |
| |
(2) | OFCOM must publish each report under this section— |
| |
(a) | as soon as practicable after its preparation is complete, and |
| 25 |
(b) | in such manner as they consider appropriate. |
| |
(3) | “Relevant period” means each period selected by OFCOM for the |
| |
purposes of section 264(1)(b) that ends after this section comes into |
| |
| |
198D | Directions in relation to C4C’s media content duties |
| 30 |
(1) | This section applies if OFCOM— |
| |
(a) | are of the opinion that C4C have failed to perform one or more |
| |
of their duties under section 198A or section 198B(1), (3) or (5), |
| |
(b) | are of the opinion that the failure is serious and is not excused |
| |
by economic or market conditions, and |
| 35 |
(c) | determine that the situation requires the exercise of their |
| |
functions under this section. |
| |
(2) | In making a determination under subsection (1)(c), OFCOM must have |
| |
regard, in particular, to— |
| |
(a) | C4C’s statements of media content policy, |
| 40 |
(b) | C4C’s effectiveness and efficiency in monitoring their own |
| |
| |
(c) | general economic and market conditions affecting the provision |
| |
of relevant media content (as defined in section 198A). |
| |
|
| |
|
| |
|
(3) | OFCOM may give directions to C4C to do one or both of the |
| |
| |
(a) | to revise the latest statement of media content policy in |
| |
accordance with the direction; |
| |
(b) | to take such steps for remedying the failure as OFCOM specify |
| 5 |
| |
(4) | A direction given under this section must set out— |
| |
(a) | a reasonable timetable for complying with it, and |
| |
(b) | the factors that OFCOM will take into account in determining |
| |
whether or not a failure has been remedied. |
| 10 |
(5) | OFCOM must consult C4C before giving a direction under this |
| |
| |
(2) | After section 271 of that Act insert— |
| |
“271A | Remedying failure by C4C to perform media content duties |
| |
(1) | This section applies if OFCOM are satisfied— |
| 15 |
(a) | that C4C have failed to comply with a direction under section |
| |
198D in respect of a failure to perform one or more of their |
| |
duties under section 198A, |
| |
(b) | that C4C are still failing to perform that duty or those duties, |
| |
| 20 |
(c) | that it would be both reasonable and proportionate to the |
| |
seriousness of the failure to vary the licence under which |
| |
Channel 4 is licensed (“the Channel 4 licence”) in accordance |
| |
| |
(2) | OFCOM may, by notice to C4C, vary the Channel 4 licence by adding |
| 25 |
such conditions, or making such modifications of conditions, as |
| |
OFCOM consider appropriate for remedying (entirely or partly) C4C’s |
| |
failure to perform the duty or duties under section 198A. |
| |
(3) | If, at any time following such a variation, OFCOM consider that any of |
| |
the additional conditions or modifications is no longer necessary, they |
| 30 |
may again vary the licence with effect from such time as they may |
| |
| |
(4) | OFCOM must consult C4C before exercising their power under this |
| |
section to vary the Channel 4 licence.” |
| |
Independent television services |
| 35 |
23 | Determination of Channel 3 licence areas |
| |
(1) | In section 14 of the Broadcasting Act 1990 (establishment of Channel 3)— |
| |
(a) | omit subsection (7) (restriction on providing a single Channel 3 service |
| |
for the whole of England or the whole of Scotland), and |
| |
(b) | after that subsection insert— |
| 40 |
“(7A) | The areas mentioned in subsection (2) must at all times include |
| |
at least one area that comprises, or falls entirely within, |
| |
| |
|
| |
|