Previous Section Back to Table of Contents Lords Hansard Home Page



110

Page 59, line 19, leave out from 'of' to 'as' in line 20 and insert 'those matters'.


111

Page 59, line 21, leave out from 'that' to end of line 24 and insert ', having regard to the effect, or likely effect, of the relevant change of control on-'.


112

Page 59, line 32, leave out 'or'.


113

Page 59, line 39, at end insert 'or


(d) the extent to which managerial or editorial decisions

18 Jul 1996 : Column 1062

relating to programmes to be included in the service are taken by persons so employed within that area,
the relevant change of control is or would be prejudicial to the regional character of the service,'.
114

Page 59, line 43, leave out 'and (c)' and insert ',(c) and (d)'.


115

Page 59, line 46, leave out 'the' and insert 'any'.


116

Page 60, line 5, leave out from 'holder' to end of line 6 and insert--


'(a) during the three months immediately before the relevant date, or
(b) if the Commission consider that the performance of the licence holder during that period is not typical of its performance during the twelve months before the relevant date, during such other period of three months during those twelve months as they may notify in writing to the licence holder;
and for the purposes of this subsection "the relevant date" is the date of the relevant change of control or, if earlier, the date on which the Commission exercise their powers under subsection (3) or (4).'.
117

Page 60, leave out lines 11 to 14 and insert--


'(8) Where, in a case falling within subsection (2)(a), a notice under subsection (3) or (4) varying a licence is served before the change to which it relates takes place, the variation shall not take effect until the change takes place.'.
118

Page 60, leave out lines 15 and 16.


119

Page 60, line 21, after 'interest' insert '(a)'.


120

Page 60, line 22, at end insert--


'(b) to persons living within any part of that area, or
(c) to particular communities living within that area;'.
121

Page 60, line 33, leave out 'condition' and insert 'conditions'.


122

Page 60, line 34, leave out '21A(1)' and insert '21A(1)(a) and (b)'.


123

After Clause 67, insert the following new clause--

Powers of Commission in relation to modification or replacement of networking arrangements

'.--(1) Section 39 of the 1990 Act (networking arrangements between holders of regional Channel 3 licences) is amended as follows.
(2) After subsection (9) there is inserted--
"(9A) The matters to which the Commission shall have regard in deciding whether to approve any arrangements or modification under subsection (4) or (8) include the likely effect of the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, on the ability of the holders of regional Channel 3 licences to maintain the quality and range--
(a) of the regional programmes (as defined in section 21A(9)) included in each regional Channel 3 service, and
(b) of the other programmes included in each service which contribute to the regional character of the service."
(3) For subsection (10) there is substituted--
"(10) Without prejudice to the generality of their power to refuse to approve any arrangements or modification under subsection (4) or (8), the Commission shall refuse to do so if--
(a) they are not satisfied that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be appropriate for the purpose mentioned in subsection (1), or

18 Jul 1996 : Column 1063


(b) it appears to them that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be likely to prejudice the ability of the holder of any regional Channel 3 licence to comply with--
(i) any condition imposed in pursuance of section 33(1), for the purpose of securing the implementation of proposals relating to the matters specified in section 16(2)(c), or
(ii) any condition imposed in pursuance of subsection (3) of section 21A in relation to the matters specified in paragraph (a) of that subsection."'.
124

Clause 68, page 61, line 4, leave out '57(1A)' and insert '57(1A)(a)'.


125

After Clause 68, insert the following new clause--

Public service fund of Sianel Pedwar Cymru

'.--(1) After section 61 of the 1990 Act there is inserted--
"Welsh Authority public service fund

61A.--(1) The Welsh Authority shall not exercise their powers under section 57(1A)(b) before such date (in this section referred to as "the notified date") as they may notify to the Secretary of State for the purposes of this section.
(2) All amounts received by the Welsh Authority under section 61 on or after the notified date shall be kept by the Authority in a separate fund (in this section referred to as "the public service fund") which may be applied only for the purposes of their functions under section 57(1) or (1A)(a).
(3) No S4C company shall receive any direct or indirect subsidy from the public service fund.
(4) The Welsh Authority shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast on S4C or in the service referred to in section 57(1A)(a).
(5) On the notified date--
(a) all the assets then held by the Welsh Authority other than cash, together with the appropriate proportion of any cash then held by them, shall be taken to be comprised in the public service fund, and
(b) the remainder of any cash then held by the Authority shall be taken to be comprised in a general fund.
(6) In subsection (5)(a) "the appropriate proportion" means the proportion which, in the last financial year in respect of which a statement of accounts has been prepared under paragraph 12(1) of Schedule 6 before the notified date, the total amount received by the Welsh Authority under section 61 bears to the total amount of its income from all sources."
(2) In paragraph 12 of Schedule 6 of the 1990 Act (accounts and audit) after sub-paragraph (1) there is inserted--
"(1A) The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with the general fund referred to in subsection (5)(b) of that section.".'.
126

Clause 71, page 62, line 32, after 'power' insert--


'(a)''.
127

Page 62, line 34, after 'form' insert 'in any part of the United Kingdom'.


128

Page 62, line 35, at end insert 'and


(b) to establish qualifying companies, to purchase or otherwise acquire shares, stocks or other securities of qualifying companies and to assist any qualifying company.

18 Jul 1996 : Column 1064


(6) In subsection (5)(b) "qualifying company" means any company (whether incorporated under the law of the United Kingdom or of any other country) which is or will be wholly or mainly engaged in one or more of the following activities--
(a) the provision of one or more services which are licensed by the Commission or by the Radio Authority or which, if provided in the United Kingdom, would be required to be so licensed,
(b) activities incidental to such provision, and
(c) the holding of shares in any other company which is wholly or mainly engaged in such provision or in activities incidental to such provision."
(1A) In paragraph 1 of Schedule 3 to the 1990 Act (status and capacity of Channel Four Television Corporation) after sub-paragraph (3) there is inserted--
"(4) Section 24(5)(b) of this Act shall not be taken to limit the Corporation's power by virtue of sub-paragraph (3) to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 24(1) or (5)(a)." '.
129

Page 62, line 38, after 'power' insert--


'(a)''.
130

Page 62, line 41, at end insert 'and


(b) to establish qualifying companies, to purchase or otherwise acquire shares, stocks or other securities of qualifying companies and to assist any qualifying company.
(1B) In subsection (1A)(b) "qualifying company" means any company (whether incorporated under the law of the United Kingdom or of any other country) which is or will be wholly or mainly engaged in one or more of the following activities--
(a) the provision of one or more services which are licensed by the Commission or by the Radio Authority or which, if provided in the United Kingdom, would be required to be so licensed,
(b) activities incidental to such provision, and
(c) the holding of shares in any other company which is wholly or mainly engaged in such provision or in activities incidental to such provision.
(3) In paragraph 1 of Schedule 6 to the 1990 Act (status and capacity of Welsh Authority) after sub-paragraph (2) there is inserted--
"(3) Section 57(1A)(b) of this Act shall not be taken to limit the Authority's power by virtue of sub-paragraph (2) to do such things and enter into such transactions as are incidental or conducive to the discharge of their functions under section 57(1) or (1A)(a)."'.
131

After Clause 72, insert the following new clause--


Next Section Back to Table of Contents Lords Hansard Home Page