Appendix 4: Communications Act 2003
Extracts from the Communications Act 2003 relating to Channel 4
199 Functions of C4C
(1) The activities that C4C are able to carry on include any activities which appear to them—
(a)to be activities that it is appropriate for them to carry on in association with the carrying out of their primary functions; and
(b)to be connected, otherwise than merely in financial terms, with activities undertaken by them for the carrying out of those functions.
(2) C4C’s primary functions are—
(a)securing the continued provision of Channel 4; and
(b)the fulfilment of the public service remit for that Channel under section 265.
(3) Section 24(5)(b) and (6) of the 1990 Act (power of C4C to establish, acquire an interest in or assist a qualifying company) shall cease to have effect.
(4) For sub-paragraphs (3) and (4) of paragraph 1 of Schedule 3 to the 1990 Act
(power of C4C to do things incidental or conducive to the carrying out of their functions) there shall be substituted—
“(3) The Corporation may do anything which appears to them to be incidental or conducive to the carrying out of their functions.
(4) The powers of the Corporation under sub-paragraph (3) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—
(a) to borrow money;
(b) to carry on activities (other than those comprised in their duty to carry out their primary functions) through Channel 4 companies; and
(c) to participate with others in the carrying on of any such activities.”
(5) Schedule 9 (which makes provision for the approval by OFCOM, and for the enforcement, of arrangements made by C4C about the carrying on of their activities) shall have effect.
265 Public service remits of licensed providers
(1) The regulatory regime for every licensed public service channel, and for the 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,
is the provision of a range of high quality and diverse programming.
(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;
(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.