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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 1 — The BBC, C4C the Welsh Authority and the Gaelic media service

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 204   Welsh Authority finances

     (1)    The Welsh Authority must not, whether directly or indirectly, impose charges

on persons—

           (a)           in respect of their reception or use in Wales of any of the Authority’s

public services;

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           (b)           in respect of their reception in Wales of any service consisting in the

provision of assistance for disabled people in relation to programmes

included in any one or more of those services; or

           (c)           in respect of their reception in Wales of any service (other than one

mentioned in paragraph (b)) which is an ancillary service in relation to

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any of the Authority’s public services provided in digital form.

     (2)    It shall be unlawful to impose a charge in contravention of subsection (1).

     (3)    The power of the Welsh Authority to do anything that appears to them to be

conducive or incidental to the carrying out of their functions includes power,

subject to subsection (4), to borrow money.

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     (4)    The Welsh Authority are not to borrow money except with the approval of the

Secretary of State.

     (5)    The consent of the Treasury is to be required for the giving of an approval for

the purposes of subsection (4).

     (6)    The Welsh Authority are to be liable to pay OFCOM such sums in respect of

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the carrying out by OFCOM of their functions in relation to the Authority as

may be—

           (a)           agreed from time to time between the Authority and OFCOM; or

           (b)           (in default of agreement) fixed by the Secretary of State.

     (7)    In section 61(4) of the 1990 Act (power of Secretary of State to increase amount

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of grant to the Welsh Authority), for “transmitting S4C and the service referred

to in section 57(1A)(a), by order” there shall be substituted—

                  “(a)                    providing services that are public services of the Authority

(within the meaning of section 204 of the Communications Act

2003), and

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                  (b)                    arranging for the broadcasting or distribution of those services,

                         by order”.

     (8)    In section 61A of the 1990 Act (the public service fund)—

           (a)           in subsection (2) (application of fund), for “their functions under

section 57(1) or (1A)(a)” there shall be substituted “their functions in

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relation to the provision of the services that are public services of the

Authority (within the meaning of section 204 of the Communications

Act 2003).”; and

           (b)           in subsection (4) (programmes to be broadcast first on S4C or S4C

Digital), for the words from “on S4C” onwards there shall be

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substituted “on a television programme service that is one of their

public services (within the meaning of section 204 of the

Communications Act 2003)”.

     (9)    In this section references to the Welsh Authority’s public services are

references to the following—

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           (a)           S4C;

           (b)           S4C Digital; and

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 1 — The BBC, C4C the Welsh Authority and the Gaelic media service

    182

 

           (c)           the services the provision of which by the Authority is authorised by or

under section 202.

The Gaelic Media Service

 205   The Gaelic Media Service

     (1)    The body established for the purposes of section 183 of the 1990 Act (financing

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of programmes in Gaelic out of the Gaelic Television Fund) is hereby renamed

Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service).

     (2)    References in any instrument or other document to Comataidh Craolaidh

Gaidhlig or to the Gaelic Broadcasting Committee are to be construed

accordingly.

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     (3)    For subsection (4) of that section there shall be substituted—

           “(3B)              The functions of the Service shall be to secure that a wide and diverse

range of high quality programmes in Gaelic are broadcast or otherwise

transmitted so as to be available to persons in Scotland.

           (4)              The Service may—

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                  (a)                 make grants out of the Fund, or

                  (b)                 otherwise apply it,

                         for any of the purposes of carrying out their functions or for any

purpose connected with the carrying out of those functions.

           (4A)              In carrying out their functions, the Service may finance, or engage in,

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any of the following—

                  (a)                 the making of programmes in Gaelic with a view to those

programmes being broadcast or otherwise transmitted so as to

be available to persons in Scotland;

                  (b)                 the provision of training for persons employed, or to be

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employed, in connection with the making of programmes in

Gaelic to be so broadcast or otherwise transmitted;

                  (c)                 research into the types of programmes in Gaelic that members

of the Gaelic-speaking community would like to be broadcast or

otherwise transmitted.

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           (4B)              But the Service are not to be entitled, for the purpose of carrying out

their functions, to provide—

                  (a)                 a Channel 3 service;

                  (b)                 Channel 4;

                  (c)                 Channel 5;

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                  (d)                 a national sound broadcasting service;

                  (e)                 a national digital sound programme service; or

                  (f)                 a television multiplex service or a radio multiplex service.”

     (4)    For subsection (9) of that section there shall be substituted—

           “(9)              In this section, section 183A and Schedule 19—

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                                  ‘Channel 3 service’, ‘Channel 4’ and ‘Channel 5’ each has the same

meaning as in Part 1;

                                  ‘national digital sound programme service’ has the same meaning

as in Part 2 of the Broadcasting Act 1996;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 1 — The BBC, C4C the Welsh Authority and the Gaelic media service

    183

 

                                  ‘national sound broadcasting service’ means a sound

broadcasting service within the meaning of Part 3 which, under

subsection (4)(a) of section 242 of the Communications Act 2003,

is a national service for the purposes of that section;

                                  ‘Gaelic’ means the Gaelic language as spoken in Scotland;

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                                  ‘programme’ includes any item included in a programme service;

                                  ‘radio multiplex service’ has the same meaning as in Part 2 of the

Broadcasting Act 1996;

                                  ‘the Service’ means the body established under subsection (3) and

known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic

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Media Service);

                                  ‘television multiplex service’ has the meaning given by section

238(1) of the Communications Act 2003 to a multiplex service

within the meaning of Part 1 of the Broadcasting Act 1996;

                         and a reference to being available to persons in Scotland includes a

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reference to being available both to persons in Scotland and to others.”

 206   Membership of the Service

After section 183 of the 1990 Act there shall be inserted—

       “183A Membership of the Gaelic Media Service

           (1)           The Service shall consist of not more than twelve members.

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           (2)           The members of the Service are to be appointed by               OFCOM

           (3)                         OFCOM must appoint one of the members to be the chairman of the

Service.

           (4)           The approval of the Secretary of State is required for the appointment

of a person as a member of the Service, and for the appointment of a

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member as their chairman.

           (5)                         The members of the Service must include—

                  (a)                 a member nominated by the BBC;

                  (b)                 a member nominated by Highlands and Islands Enterprise; and

                  (c)                 a member nominated by Bòrd Gàidhlig na h-Alba (the Gaelic

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Development Agency).

           (6)                         When appointing members of the Service, OFCOM must have regard

to—

                  (a)                 the desirability of having members of the Service who are

proficient in written and spoken Gaelic; and

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                  (b)                 any guidance issued by the Secretary of State for the purposes

of this section.

           (7)                         OFCOM must secure, so far as practicable, that the membership of the

Service is such that the interests of each of the following are adequately

represented—

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                  (a)                 the holders of licences to provide regional Channel 3 services

for areas wholly in Scotland;

                  (b)                 the holders of licences to provide regional Channel 3 services in

respect of which determinations under section 184(4)(b) are for

the time being in force;

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Communications Bill
Part 3 — Television and Radio Services
Chapter 1 — The BBC, C4C the Welsh Authority and the Gaelic media service

    184

 

                  (c)                 the independent television and radio production industries in

Scotland;

                  (d)                 other persons and bodies concerned with the promotion and

use of the Gaelic language, including those concerned with

education in Gaelic and in Gaelic culture.

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           (8)           Schedule 19 to this Act shall have effect with respect to the Service.

           (9)           In this section—

                                  ‘Bòrd Gàidhlig na h-Alba’ means the body of that name formed

under section 5 of the National Heritage (Scotland) Act 1985;

                                  ‘regional Channel 3 service’ has the same meaning as in Part 1.

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           (10)          The Secretary of State may by order amend the reference in subsection

(5) to Bòrd Gàidhlig na h-Alba (the Gaelic Development Agency)—

                  (a)                 by substituting a reference to another body formed under

section 5 of the National Heritage (Scotland) Act 1985 with

functions relating to the promotion of Gaelic; or

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                  (b)                 for the purpose of giving effect to a change to the name of the

body referred to in that subsection.

           (11)          An order under this section shall be subject to annulment in pursuance

of a resolution of either House of Parliament.”

 207   Supplementary provisions about the Service

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     (1)    Schedule 19 to the 1990 Act (supplementary provisions about the Gaelic

Broadcasting Committee) shall be amended as follows.

     (2)    In paragraph 2 (tenure of office and remuneration)—

           (a)           in sub-paragraph (1), for “sub-paragraph (2)” there shall be substituted

“sub-paragraphs (1A) and (2)”;

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           (b)           after sub-paragraph (1) there shall be inserted—

               “(1A)                                           A person is not to be appointed as a member of the Service for

a term of more than four years (but a person so appointed

shall be eligible for re-appointment at the end of his term of

office).”

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     (3)    In paragraph 7 (employees of the Committee), after sub-paragraph (3) there

shall be inserted—

        “(4)                               A person who is an employee of the Service is not to be eligible to be

appointed as a member of the Service.”

     (4)    After paragraph 8 (financial provision) there shall be inserted—

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        “8A (1) The Service must pay all their receipts to OFCOM.

                       (2)                                OFCOM must hold amounts received by them under this paragraph

to the credit of the Gaelic Broadcasting Fund (and, accordingly, those

amounts are not to be regarded as forming part of OFCOM’s

revenues).”

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     (5)    In paragraph 12 (annual reports), after sub-paragraph (1) there shall be

inserted—

        “(1A)                               The report must include a statement of how the Service are

proposing to carry out their functions during the next financial year.”

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    185

 

Chapter 2

Regulatory Structure for Independent Television Services

Preliminary

 208   Regulation of independent television services

     (1)    It shall be a function of OFCOM to regulate the following services in

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accordance with this Act, the 1990 Act and the 1996 Act—

           (a)           services falling within subsection (2) that are provided otherwise than

by the BBC or the Welsh Authority; and

           (b)           services falling within subsection (3) that are provided otherwise than

by the BBC.

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     (2)    The services referred to in subsection (1)(a) are—

           (a)           television broadcasting services that are provided from places in the

United Kingdom with a view to their being broadcast otherwise than

only from a satellite;

           (b)           television licensable content services that are provided by persons

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under the jurisdiction of the United Kingdom for the purposes of the

Television without Frontiers Directive;

           (c)           digital television programme services that are provided by persons

under the jurisdiction of the United Kingdom for the purposes of that

Directive;

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           (d)           restricted television services that are provided from places in the

United Kingdom; and

           (e)           additional television services that are provided from places in the

United Kingdom.

     (3)    The services referred to in subsection (1)(b) are—

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           (a)           television multiplex services that are provided from places in the

United Kingdom; and

           (b)           digital additional television services that are provided by persons

under the jurisdiction of the United Kingdom for the purposes of the

Television without Frontiers Directive.

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 209   Abolition of function of assigning television frequencies

The Secretary of State shall cease to have any function under the 1990 Act or

the 1996 Act of assigning frequencies for the purposes of any of the following—

           (a)           services falling to be licensed under Part 1 of the 1990 Act;

           (b)           S4C; or

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           (c)           television multiplex services falling to be licensed under Part 1 of the

1996 Act.

 210   Abolition of licensing for local cable systems

On and after the television transfer date no licence shall be required under Part

2 of the 1990 Act for the provision of a local delivery service.

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