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Communications Bill


Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    408

 

              (c)             a reference to a range of independent productions is a reference to a

range of such productions in terms of cost of acquisition as well as in

terms of the types of programme involved.

          (3)      The Secretary of State may by order amend sub-paragraph (1) by

substituting a different percentage for the percentage for the time being

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specified in that sub-paragraph.

          (4)               The Secretary of State may also by order provide for the Welsh Authority to

have the duty set out in sub-paragraph (5), either instead of or as well as the

one set out in sub-paragraph (1).

          (5)               That duty is a duty to secure that, in each year, not less than the percentage

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specified in the order of the programming budget for that year for the

designated public services (taken together) is applied in the acquisition of

independent productions.

          (6)               The power to make an order under sub-paragraph (4) includes power to

provide that the Welsh Authority are again to be subject to a duty to which

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they have previously ceased to be subject by virtue of such an order, in

addition to or instead of the duty to which they are subject (apart from the

exercise of that power) by virtue of this paragraph.

          (7)               The Secretary of State is not to make an order for the Welsh Authority to be

or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5)

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unless—

              (a)             OFCOM have made a recommendation to him that the Authority

should be subject to that duty, or should cease to be subject to it; and

              (b)             the order gives effect to that recommendation.

          (8)      The Welsh Authority must comply with directions given to them by

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OFCOM for the purpose of—

              (a)             carrying forward to one or more subsequent years determined in

accordance with the direction any shortfall for any year in their

compliance with the duties imposed by virtue of sub-paragraph (1)

or (4); and

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              (b)             thereby increasing the percentage applicable for the purposes of

those duties to the subsequent year or years.

          (9)      For the purposes of this paragraph—

              (a)             the amount of the programming budget for a year, and

              (b)             the means of determining the amount of that budget that is applied

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for any purpose,

                   are to be computed in accordance with such provision as may be set out in

an order made by the Secretary of State, or as may be determined by

OFCOM in accordance with such an order.

          (10)     Before making an order under this paragraph the Secretary of State must

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consult OFCOM, the BBC and the Welsh Authority.

          (11)     No order is to be made containing provision authorised by this paragraph

unless a draft of the order has been laid before Parliament and approved by

a resolution of each House.

          (12)     The services that are designated public services for the purposes of this

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paragraph are—

              (a)             S4C;

              (b)             S4C Digital; and

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    409

 

              (c)             any of the Welsh Authority’s other public television services which

is designated for the purposes of this paragraph by the order under

section 202 approving its provision.

          (13)     In this paragraph—

               “acquisition”, in relation to a programme, includes commissioning

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and acquiring a right to include it in a service or to have it

broadcast;

               “programme” does not include an advertisement; and

               “programming budget” means the budget for the production and

acquisition of qualifying programmes.

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Programme quotas for original productions

  8       (1)      It shall be the duty of the Welsh Authority, in relation to their designated

public services (taken together) to secure—

              (a)             that the time allocated, in each year, to the broadcasting of original

productions included in those services is no less than the proportion

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fixed under sub-paragraph (2) of the total amount of time allocated

to the broadcasting of all the programmes included in those services;

and

              (b)             that the time allocated to the broadcasting of original productions is

split in the manner so fixed between peak viewing times and other

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times.

          (2)      The fixing for the purposes of sub-paragraph (1) of a proportion or manner

of splitting allocated time is to be—

              (a)             by agreement between the Welsh Authority and OFCOM; or

              (b)             in default of agreement, by a direction given by OFCOM to the

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Authority fixing the proportion or manner according to whatever

OFCOM consider appropriate for ensuring that the service is

consistently of a high quality.

          (3)      The agreement or direction may, for the purposes of sub-paragraph (1)(b),

fix a proportion for the purposes of sub-paragraph (1)(a) in terms of the

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cumulative effect of two different minimum proportions, one applying to

peak viewing times and the other to other times.

          (4)      The agreement or direction may provide that specified descriptions of

programmes are to be excluded in determining the programmes a

proportion of which is to constitute original productions.

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          (5)      It may also provide that, in determining whether a programme is of a

description of programmes excluded by an agreement or direction by virtue

of sub-paragraph (4), regard is to be had to any guidance prepared and

published, and from to time revised, by OFCOM.

          (6)      References in this paragraph, in relation to the designated public services of

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the Welsh Authority, to original productions are references to programmes

of such description as the Secretary of State may by order specify as

describing the programmes that are to be original productions for the

purposes of this paragraph.

          (7)      The power to specify descriptions of programmes by order under sub-

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paragraph (6) includes power to confer such discretions on OFCOM as the

Secretary of State thinks fit.

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    410

 

          (8)      Before making an order under this paragraph the Secretary of State must

consult OFCOM, the BBC and the Welsh Authority.

          (9)      No order is to be made containing provision authorised by this paragraph

unless a draft of the order has been laid before Parliament and approved by

a resolution of each House.

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          (10)     The services that are designated public services for the purposes of this

paragraph are—

              (a)             S4C;

              (b)             S4C Digital; and

              (c)             any of the Welsh Authority’s other public television services which

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is designated for the purposes of this paragraph by the order under

section 202 approving its provision.

          (11)     In this section—

               “peak viewing time”, in relation to the designated public services of

the Welsh Authority, means a time that is determined in accordance

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with sub-paragraph (12) to be a peak viewing time for one or more

of those services; and

               “programme” does not include an advertisement.

          (12)     The determination for the purposes of this paragraph of peak viewing times

is to be—

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              (a)             by agreement between the Welsh Authority and OFCOM; or

              (b)             in default of agreement, by a direction given by OFCOM to the

Authority determining those times.

News and current affairs programmes

  9       (1)      It shall be the duty of the Welsh Authority, in relation to their designated

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public services, to secure—

              (a)             that the programmes included in each service include news

programmes and current affairs programmes;

              (b)             that the news programmes and current affairs programmes included

in each service deal with both national and international matters; and

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              (c)             that the news programmes so included are broadcast for viewing at

intervals throughout the period for which the service is provided.

          (2)      It shall be the duty of the Welsh Authority, in relation to each of their

designated public services, to ensure that the news programmes and current

affairs programmes included in each service are of high quality.

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          (3)      It shall also be the duty of the Welsh Authority, in relation to each of their

designated public services, to secure that in each year—

              (a)             the time allocated to the broadcasting of news programmes included

in the service, and

              (b)             the time allocated to the broadcasting of current affairs programmes

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so included,

                   each constitutes no less than the proportion fixed under sub-paragraph (5)

of the time allocated to the broadcasting of all the programmes included in

the service.

          (4)      It is the further duty of the Welsh Authority, in relation to each of their

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designated public services, to secure that the time allocated—

              (a)             to the broadcasting of news programmes included in the service, and

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    411

 

              (b)             to the broadcasting of current affairs programmes so included,

                   is, in each case, split, in the manner fixed under sub-paragraph (5), between

peak viewing times and other times.

          (5)      The fixing for the purposes of sub-paragraph (3) or (4) of a proportion or

manner of splitting allocated time is to be—

5

              (a)             by agreement between the Welsh Authority and OFCOM; or

              (b)             in default of agreement, by a direction given by OFCOM to the

Authority fixing the proportion or manner according to whatever

OFCOM consider appropriate.

          (6)      The agreement or direction may, for the purposes of sub-paragraph (4), fix a

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proportion for the purposes of sub-paragraph (3) in terms of the cumulative

effect of two different minimum proportions, one applying to peak viewing

times and the other to other times.

          (7)      The services that are designated public services for the purposes of this

paragraph are—

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              (a)             S4C;

              (b)             S4C Digital; and

              (c)             any of the Welsh Authority’s other public television services which

is designated for the purposes of this paragraph by the order under

section 202 approving its provision.

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          (8)      In this paragraph “peak viewing time”, in relation to a service, means a time

that is determined in accordance with sub-paragraph (9) to be a peak

viewing time for that service.

          (9)      The determination for the purposes of this paragraph of a peak viewing time

is to be—

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              (a)             by agreement between the Welsh Authority and OFCOM; or

              (b)             in default of agreement, by a direction given by OFCOM to the

Authority determining that time.

Code relating to programme commissioning

  10      (1)      It shall be the duty of the Welsh Authority to draw up and from time to time

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revise a code of practice setting out the principles that are to be applied when

they or an S4C company are for a relevant purpose agreeing terms for the

commissioning of independent productions.

          (2)      A relevant purpose is a purpose connected with the provision by the Welsh

Authority or an S4C company of a programme service.

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          (3)      It shall also be the duty of the Welsh Authority—

              (a)             at all times to comply with the code of practice which is for the time

being in force under this paragraph;

              (b)             to take all reasonable steps for securing that the code is complied

with by S4C companies;

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              (c)             to exercise their power to revise that code to take account of revisions

from time to time of the guidance issued by OFCOM for the purposes

of this paragraph; and

              (d)             to comply with such directions as may be given to the Authority by

OFCOM for securing that they properly perform their duties under

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paragraphs (a) and (b).

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

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          (4)      The code for the time being in force under this paragraph must be such as to

secure, in the manner described in guidance issued by OFCOM—

              (a)             that a reasonable timetable is applied to negotiations for the

commissioning of an independent production and for the conclusion

of a binding agreement;

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              (b)             that there is sufficient clarity when an independent production is

commissioned about the different categories of rights to broadcast or

otherwise to make use of or exploit the commissioned production

that are being disposed of;

              (c)             that there is sufficient transparency about the amounts to be paid in

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respect of each category of rights;

              (d)             that satisfactory arrangements are made about the duration and

exclusivity of those rights;

              (e)             that procedures exist for reviewing the arrangements adopted in

accordance with the code and for demonstrating compliance with it;

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              (f)             that those procedures include requirements for the monitoring of the

application of the code and for the making of reports to OFCOM;

              (g)             that provision is made for resolving disputes arising in respect of the

provisions of the code (by independent arbitration or otherwise) in a

manner that appears to OFCOM to be appropriate.

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          (5)      The Welsh Authority must also ensure that the drawing up or revision of a

code by virtue of this paragraph is in accordance with guidance issued by

OFCOM as to—

              (a)             the times when the code is to be drawn up or reviewed with a view

to revision;

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              (b)             the consultation to be undertaken before a code is drawn up or

revised;

              (c)             the publication of every code or revised code.

          (6)      The Welsh Authority must submit to OFCOM for approval a draft of—

              (a)             every code that is required to be drawn up under this paragraph; and

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              (b)             every revision made by that Authority of such a code.

          (7)      A code drawn up by the Welsh Authority or a revision of such a code —

              (a)             is to have effect for the purposes of this paragraph only if approved

by OFCOM; and

              (b)             if approved by OFCOM subject to modifications, is to have effect

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with those modifications.

          (8)      OFCOM—

              (a)             must issue and may from time to time revise guidance for the

purposes of this paragraph;

              (b)             must ensure that there is always guidance for those purposes in

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force;

              (c)             must, before issuing their guidance or revised guidance, consult the

providers of licensed public service channels, persons who make

independent productions (or persons appearing to OFCOM to

represent them), the BBC and the Welsh Authority; and

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              (d)             must publish their guidance or revised guidance in such manner as

they think appropriate.

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    413

 

          (9)      Guidance issued by OFCOM for the purposes of this paragraph must be

general guidance and is not to specify particular terms to be included in

agreements to which the guidance relates.

          (10)     OFCOM may by a direction to the Welsh Authority specify that a code

which—

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              (a)             was drawn up by the Authority before the commencement of this

paragraph, and

              (b)             is identified in the direction,

                   is to be treated as drawn up in pursuance of this paragraph and approved

by OFCOM.

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          (11)     In this paragraph “independent production” has the same meaning as in

paragraph 7.

Co-operation with the public teletext provider

  11      (1)      The Welsh Authority must grant access to the public teletext provider to the

facilities that are reasonably required by him for the purposes of, or in

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connection with, the provision of the public teletext service.

          (2)      The Welsh Authority may require the public teletext provider to pay a

reasonable charge in respect of facilities access to which is granted under this

paragraph.

          (3)      In the event of a dispute, the amount of the charge is to be determined by

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OFCOM.

Programme standards

  12       It shall be the duty of the Welsh Authority in relation to their public

television services to observe the standards set under section 312.

  13       It shall be the duty of the Welsh Authority to comply with a direction given

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to them by OFCOM with respect to the establishment of procedures for the

handling and resolution of complaints about the observance by the

Authority of standards set under section 312.

  14      (1)      It shall be the duty of the Welsh Authority to comply with directions given

to them by OFCOM with respect to any of the matters mentioned in sub-

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paragraph (2).

          (2)      Those matters are—

              (a)             the exclusion from any of the Authority’s public television services

of a particular advertisement, or its exclusion in particular

circumstances;

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              (b)             the descriptions of advertisements and methods of advertising to be

excluded from the services so provided (whether generally or in

particular circumstances); and

              (c)             the methods of sponsorship to be excluded from those services

(whether generally or in particular circumstances).

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  15      (1)       This paragraph applies if OFCOM are satisfied—

              (a)             that the Welsh Authority have failed in any respect to perform any

of their duties under paragraphs 12 to 14; and

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 2 — The Welsh Authority

    414

 

              (b)             that the failure can be appropriately remedied by the inclusion in any

or all of the Authority’s public television services of a correction or a

statement of findings.

          (2)               OFCOM may direct the Welsh Authority to include a correction or a

statement of findings (or both) in any one or more of their public television

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services.

          (3)      A direction may require the correction or statement of findings to be in such

form, and to be included in programmes at such time or times, as OFCOM

may determine.

          (4)      OFCOM are not to give a direction under this paragraph unless they have

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given the Welsh Authority a reasonable opportunity of making

representations to them about the matters appearing to OFCOM to provide

grounds for the giving of the direction.

          (5)      Where the Welsh Authority include a correction or a statement of findings

in any of their public television services in pursuance of a direction under

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this paragraph, the Authority may announce that they are doing so in

pursuance of such a direction.

          (6)      For the purposes of this section a statement of findings, in relation to a case

in which OFCOM are satisfied that the Welsh Authority have failed to

perform a duty imposed on them under paragraphs 12 to 14, is a statement

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of OFCOM’s findings in relation to that failure.

Directions with respect to advertising

  16      (1)      The Welsh Authority must comply with directions given to them by

OFCOM with respect to any of the matters mentioned in sub-paragraph (2).

          (2)      Those matters are—

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              (a)             the maximum amount of time to be given to advertisements in any

hour or other period;

              (b)             the minimum interval which must elapse between any two periods

given over to advertisements;

              (c)             the number of such periods to be allowed in any programme or in

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any hour or day; and

              (d)             the exclusion of advertisements from a specified part of S4C or S4C

Digital.

          (3)      Directions under this paragraph—

              (a)             may be either general or specific;

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              (b)             may be qualified or unqualified; and

              (c)             may make different provision for different parts of the day, different

days of the week, different types of programmes or for other

differing circumstances.

          (4)      In giving a direction under this paragraph, OFCOM shall take account of

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such of the international obligations of the United Kingdom as the Secretary

of State may notify to them for the purposes of this paragraph.

Fairness standards

  17       It shall be the duty of the Welsh Authority to secure the observance—

 

 

 
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