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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    290

 

Equal opportunities and training

 330   Promotion of equal opportunities and training

     (1)    The regulatory regime for every service to which this section applies includes

the conditions that OFCOM consider appropriate for requiring the licence

holder to make arrangements for promoting, in relation to employment with

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the licence holder, equality of opportunity—

           (a)           between men and women; and

           (b)           between persons of different racial groups.

     (2)    That regime includes conditions requiring the licence holder to make

arrangements for promoting, in relation to employment with the licence

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holder, the fair treatment of disabled persons.

     (3)    The regulatory regime for every service to which this section applies includes

the conditions that OFCOM consider appropriate for requiring the licence

holder to make arrangements for the training and retraining of persons whom

he employs, in or in connection with—

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           (a)           the provision of the licensed service; or

           (b)           the making of programmes to be included in that service.

     (4)    The conditions imposed by virtue of subsections (1) to (3) must contain

provision, in relation to the arrangements made in pursuance of those

conditions, requiring the person providing the service in question—

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           (a)           to take appropriate steps to make those affected by the arrangements

aware of them (including such publication of the arrangements as may

be required in accordance with the conditions);

           (b)           from time to time, to review the arrangements; and

           (c)           from time to time (and at least annually) to publish, in such manner as

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he considers appropriate, his observations on the current operation and

effectiveness of the arrangements.

     (5)    This section applies to a service if—

           (a)           it is a service the provision of which is authorised by a Broadcasting Act

licence; and

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           (b)           both of the conditions set out in subsection (6) are satisfied in the case

of that service.

     (6)    The conditions are—

           (a)           that the person licensed to provide the service employs, or is likely to

employ, more than the threshold number of persons in connection with

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the provision of the service; and

           (b)           that the licence authorising the provision of the service authorises its

provision on a number of days in any year which exceeds the threshold

number of days (whether or not the service is in fact provided on those

days).

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     (7)    In this section—

                    “disabled” has the same meaning as in the Disability Discrimination Act

1995 (c. 50);

                    “racial group” has the same meaning as in the Race Relations Act 1976

(c. 74) or, in Northern Ireland, the Race Relations (Northern Ireland)

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Order 1997 (S.I. 1997/869 (N.I. 6));

                    “the threshold number” means—

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    291

 

                  (a)                 in relation to persons, twenty; and

                  (b)                 in relation to days, thirty-one.

     (8)    The Secretary of State may, by order—

           (a)           amend subsection (1) by adding any other form of equality of

opportunity that he considers appropriate;

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           (b)           amend the definition of “the threshold number” in subsection (7).

     (9)    No order is to be made containing provision authorised by subsection (8)

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

resolution of each House.

Corresponding rules for the BBC and Welsh Authority

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 331   Corresponding rules for the BBC and the Welsh Authority

Schedule 12 (which provides for the imposition on the BBC and the Welsh

Authority of obligations corresponding to obligations included in the

regulatory regime for licensed providers) shall have effect.

Enforcement against the Welsh Authority

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 332   Review of fulfilment by Welsh Authority of public service remits

     (1)    The Secretary of State may carry out a review of the performance by the Welsh

Authority of their duty to secure that each of the following public service

remits—

           (a)           that for S4C;

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           (b)           that for S4C Digital; and

           (c)           that for each of the television programme services provided by them

with the approval of the Secretary of State under section 202,

            is fulfilled in relation the services to which it applies.

     (2)    The first review carried out under this section—

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           (a)           shall be a review relating to the period since the passing of this Act; and

           (b)           must not be carried out before the end of the period of five years

beginning with the day of the passing of this Act.

     (3)    A subsequent review—

           (a)           shall be a review relating to the period since the end of the period to

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which the previous review related; and

           (b)           must not be carried out less than five years after the day of the

publication of the report of the previous review.

     (4)    On a review under this section the Secretary of State—

           (a)           shall consult the National Assembly for Wales and the Welsh Authority

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on the matters under review; and

           (b)           shall have regard to their opinions when reaching his conclusions.

     (5)    The Secretary of State shall also consult such other persons as he considers are

likely to be affected by whether, and in what manner, the Welsh Authority

perform the duty mentioned in subsection (1).

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Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (6)    As soon as practicable after the conclusion of a review under this section the

Secretary of State must publish a report of his conclusions.

 333   Directions to Welsh Authority to take remedial action

     (1)    This section applies if the Secretary of State’s conclusions on a review under

section 332 include a finding—

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           (a)           that the Welsh Authority has failed in any respect to perform their duty

to secure that the public service remit for a service mentioned in that

section is fulfilled; and

           (b)           that there is no reasonable excuse for the failure.

     (2)    The Secretary of State may give the Welsh Authority general or specific

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directions requiring them to take the steps that he considers will ensure that the

Authority perform their duty properly in future.

     (3)    The Secretary of State is not to give a direction under this section unless a draft

of the proposed direction has been laid before Parliament and approved by a

resolution of each House.

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     (4)    Before laying a proposed direction before Parliament, the Secretary of State

must consult the Welsh Authority.

     (5)    It shall be the duty of the Welsh Authority to comply with every direction

under this section.

 334   Imposition of penalties on the Welsh Authority

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     (1)    This section applies to the following requirements so far as they are imposed

on the Welsh Authority in relation to services provided by them—

           (a)           the requirements imposed by or under paragraphs 7 and 8 of Schedule

12 (programme quotas);

           (b)           the requirements imposed by paragraph 9(1) and (3) of that Schedule

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(news and current affairs);

           (c)                         the requirements imposed by paragraph 10 of that Schedule (code

relating to programme commissioning) or by a direction under sub-

paragraph (3)(d) of that paragraph;

           (d)           the requirement imposed by virtue of paragraph 12 of that Schedule to

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comply with standards set under section 312, so far as that requirement

relates to standards set otherwise than for the purpose of securing the

objectives set out in subsection (2)(c) or (d) of that section;

           (e)           the requirements imposed by paragraphs 14 and 16 of that Schedule

(advertising or sponsorship) to comply with a direction under those

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paragraphs;

           (f)           the requirement imposed by paragraph 17 of that Schedule (observance

of the fairness code);

           (g)           the requirement imposed by paragraph 19 of that Schedule (publicising

complaints procedure);

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           (h)           the requirement imposed by paragraph 20 of that Schedule (monitoring

of programmes);

           (i)           the requirement imposed by paragraph 21 of that Schedule

(international obligations) to comply with a direction under that

paragraph;

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Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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           (j)           the requirement under paragraph 22 of that Schedule (assistance for

disabled people) to comply with the code for the time being in force

under section 298;

           (k)           the requirement to comply with a direction under section 119(1) of the

1996 Act (directions in respect of fairness matters).

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     (2)    If OFCOM are satisfied that there has been a contravention of a requirement to

which this section applies, they may serve on the Welsh Authority a notice

requiring the Authority, within the specified period, to pay OFCOM a

specified penalty.

     (3)    The amount of the penalty must not exceed £250,000.

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     (4)    OFCOM are not to serve a notice on the Welsh Authority under this section

unless they have given them a reasonable opportunity of making

representations to OFCOM about the matters appearing to OFCOM to provide

grounds for the service of the notice.

     (5)    An exercise by OFCOM of their powers under this section does not preclude

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any exercise by them of their powers under paragraph 15 of Schedule 12 in

respect of the same contravention.

     (6)    The Secretary of State may by order substitute a different sum for the sum for

the time being specified in subsection (3).

     (7)    No order is to be made containing provision authorised by subsection (6)

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

resolution of each House.

 335   Contraventions recorded in Welsh Authority’s annual report

In paragraph 13 of Schedule 6 to the 1990 Act (annual report of the Welsh

Authority)—

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           (a)           in sub-paragraph (2), the words from “and shall include” onwards shall

be omitted; and

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

                                    “(3)                      The report shall also—

                           (a)                          set out every contravention notification given by

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OFCOM to the Authority during the year; and

                           (b)                          include such other information (including

information relating to the Authority’s financial

position) as the Secretary of State may from time to

time direct.

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                                    (4)                      In sub-paragraph (3), ‘contravention notification’ means a

notification of a determination by OFCOM of a contravention

by the Authority of any obligation imposed by or under this

Act, the 1996 Act or Part 3 of the Communications Act 2003.”

 336   Provision of information by Welsh Authority

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     (1)    It shall be the duty of the Welsh Authority to comply with every direction

given to them by OFCOM to provide OFCOM with information falling within

subsection (2).

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (2)    The information that the Welsh Authority may be directed to provide is any

information which OFCOM may reasonably require for the purposes of

carrying out their functions in relation to the Welsh Authority under this Act,

the 1990 Act or the 1996 Act.

     (3)    Information that is required to be provided by a direction under this section

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must be provided in such manner and at such times as may be required by the

direction.

Enforcement of licence conditions

 337   Transmission of statement of findings

     (1)    Sections 40 and 109 of the 1990 Act (power to direct licensee to broadcast

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correction or apology) shall be amended as follows.

     (2)    For “apology”, wherever occurring, there shall be substituted “a statement of

findings”.

     (3)    After subsection (5), there shall be inserted—

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

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case in which OFCOM are satisfied that the holder of a licence has

contravened the conditions of his licence, is a statement of OFCOM’s

findings in relation to that contravention.”

 338   Financial penalties imposable on licence holders

Schedule 13 (which modifies the maximum penalties that may be imposed on

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the holders of Broadcasting Act licences) shall have effect.

 339   Broadcasting Act licence fees and penalties

     (1)    This section applies to the following amounts—

           (a)           any amount payable to OFCOM under a Broadcasting Act licence;

           (b)           the amount of a penalty imposed by OFCOM under Part 1 or 3 of the

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1990 Act, Part 1 or 2 of the 1996 Act or this Part of this Act.

     (2)    Every amount to which this section applies shall be recoverable by OFCOM as

a debt due to them from the person obliged to pay it.

     (3)    The following liabilities—

           (a)           a person’s liability to have a penalty imposed on him under Part 1 or 3

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of the 1990 Act, Part 1 or 2 of the 1996 Act or this Part in respect of acts

or omissions of his occurring while he was the holder of a Broadcasting

Act licence, and

           (b)           a liability of a person as the holder of such a licence to pay an amount

to which this section applies,

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            are not affected by that person’s Broadcasting Act licence having ceased (for

any reason) to be in force before the imposition of the penalty or the payment

of that amount.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 5 — Media ownership and control

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Chapter 5

Media ownership and control

Restrictions on licence holders

 340   Modification of disqualification provisions

     (1)    In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences),

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the following shall cease to have effect—

           (a)           paragraphs (a) and (b) of paragraph 1(1) (individuals and bodies from

outside the member States); and

           (b)           paragraph 6 (disqualification for advertising agencies).

     (2)    In paragraph 2 of that Part (disqualification of religious bodies)—

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           (a)           for “Subject to sub-paragraph (2)” there shall be substituted “Subject to

paragraph 2A”; and

           (b)           sub-paragraphs (2) and (3) shall cease to have effect.

     (3)    After paragraph 2 of that Part there shall be inserted—

        “2A               (1)                Paragraph 2 does not apply to a person in relation to a licence if—

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                    (a)                   OFCOM have made a determination under this paragraph in

the case of that person;

                    (b)                   that determination is one made as respects licences of a

description applicable to that licence; and

                    (c)                   the determination remains in force.

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                       (2)                OFCOM are to make a determination under this paragraph in a

person’s case and as respects a particular description of licence if,

and only if, they are satisfied that it is appropriate (notwithstanding

paragraph 2) for that person to hold a licence of that description.

                       (3)                OFCOM are not to make a determination under this paragraph

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except on an application made to them for the purpose.

                       (4)                A determination under this paragraph may be made as respects only

one or more of the following descriptions of licence—

                    (a)                   a licence to provide a restricted service (within the meaning

of Part 1 of this Act);

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                    (b)                   a digital programme licence (within the meaning given by

section 18 of the 1996 Act for the purposes of Part 1 of that

Act);

                    (c)                   a digital additional services licence (within the meaning

given by section 25 of the 1996 Act for the purposes of Part 1

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of that Act);

                    (d)                                         a licence to provide a television licensable content service

(within the meaning of Part 3 of the Communications Act

2003);

                    (e)                   a licence under Part 3 of this Act which is not a national

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licence;

                    (f)                   a national digital sound programme licence (within the

meaning given by section 60 of the 1996 Act for the purposes

of Part 2 of that Act);

 

 

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Part 3 — Television and Radio Services
Chapter 5 — Media ownership and control

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                    (g)                                         a local digital sound programme licence (within the meaning

given by that section for those purposes);

                    (h)                                         a digital additional services licence (within the meaning

given by section 64 of the 1996 Act for the purposes of Part 2

of that Act).

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                       (5)                OFCOM must publish guidance for persons making applications to

them under this paragraph as to the principles that they will apply

when determining for the purposes of sub-paragraph (2) what is

appropriate.

                       (6)                OFCOM must have regard to guidance for the time being in force

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under sub-paragraph (5) when making determinations under this

paragraph.

                       (7)                OFCOM may revise any guidance under sub-paragraph (5) by

publishing their revisions of it.

                       (8)                 The publication of guidance under sub-paragraph (5), or of any

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revisions of it, is to be in whatever manner OFCOM consider

appropriate.”

     (4)    In paragraph 4(2)(b) of that Part (bodies that are relevant bodies for the

purposes of general disqualification on grounds of undue influence) for “as

mentioned in paragraph (a)(i) or (ii) above” there shall be substituted—

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                           “(i)                             by a person falling within paragraph 1(1)(c) to (g)

above;

                           (ii)                             by a person falling within paragraph 3 above; or

                           (iii)                             by two or more persons taken together each of whom

falls within sub-paragraph (i) or (ii) (whether or not

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they all fall within the same sub-paragraph).”

     (5)    The Secretary of State may by order make provision—

           (a)           for repealing paragraph 2 or 2A of Part 2 of Schedule 2 to the 1990 Act,

or both of them; or

           (b)           for making such other modifications of either or both of those

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paragraphs as he thinks fit.

     (6)    Before making an order under subsection (5) (other than one that is confined to

giving effect to recommendations made by OFCOM in a report of a review

under section 384), the Secretary of State must consult OFCOM.

     (7)    No order is to be made containing provision authorised by subsection (5)

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

resolution of each House.

 341   Licence holding by local authorities

     (1)    In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences),

in paragraph 1 (which includes a disqualification for local authorities)—

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

“sub-paragraph (1A)”; and

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

                                    “(1A)                      Where a service is provided exclusively for the purposes of

the carrying out of the functions of a local authority under

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section 142 of the Local Government Act 1972 (provision by

local authorities of information relating to their activities), a

 

 

 
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