(b) the research to be carried out or the arrangements made for carrying
it out; or
(c) the making or terms of any grant.
15 A decision under section 152.
16 A decision under section 155.
17 A decision given effect to by regulations under section 156.
18 A decision given effect to by regulations under section 159.
19 A decision given effect to by an order under section 161.
20 A decision given effect to by regulations under section 165.
21 A decision given effect to by regulations under section 167 and any decision
under any such regulations.
22 A decision to impose a penalty under section 172(1).
23 A decision relating to the making or revision of a statement under section
24 A decision given effect to by regulations under paragraph 1 of Schedule 5.
25 A decision under any provision of Schedule 6.
26 A decision under any provision of Schedule 7.
Wireless Telegraphy Act 1949
27 A decision given effect to by regulations under the proviso to section 1(1) of
the Wireless Telegraphy Act 1949 (c. 54).
28 A decision given effect to by regulations under section 1D(3) of that Act.
29 A decision given effect to by regulations under section 3 of that Act.
30 A decision given effect to by regulations under section 10 of that Act.
31 A decision relating to the making or revision of a statement under section
13B of that Act.
32 A decision for the purposes of section 15 of that Act.
Wireless Telegraphy Act 1998
33 A decision given effect to by regulations under section 1 of the Wireless
Telegraphy Act 1998 (c. 6).
34 A decision given effect to by regulations under section 3 of that Act.
35 A decision given effect to by regulations under section 3A of that Act.
36 A decision relating to the recovery of a sum payable to OFCOM under
section 4A of that Act.
Arrangements about carrying on of C4C’s activities
Notification of requirement to submit proposals
1 (1) It shall be the duty of OFCOM to give a notification under this paragraph to
(a) as soon as practicable after the commencement of this Schedule, and
(b) as soon as practicable in the last twelve months preceding each date
on which the replacement licence granted in accordance with section
228 would expire if not renewed.
(2) A notification under this paragraph is one requiring C4C to submit
proposals to OFCOM in accordance with this Schedule for the relevant
(3) A notification under this paragraph must specify the period within which
C4C must submit their proposals.
(4) The period specified under sub-paragraph (3) must be a period ending not
less than three months after the day of the giving of the notification.
Submission of proposed arrangements
2 (1) This paragraph applies where C4C have received a notification under
(2) C4C must, within the period set out in the notification, submit proposals to
OFCOM for the arrangements under which they are proposing to secure, so
far as reasonably practicable, that all significant risks that their other
activities will have an adverse effect on the carrying out, during the relevant
licence period, of their primary functions are—
(b) evaluated; and
(c) properly managed.
(3) The proposals must include proposals for the arrangements that C4C
consider appropriate for securing the transparency objectives during the
relevant licence period.
(4) For the purposes of this Schedule the transparency objectives are—
(a) an appropriate financial and organisational separation between the
activities of C4C that relate to the carrying out of their primary
functions and their other activities; and
(b) an appropriate degree of transparency in financial and other
reporting where resources are shared between separated activities or
where there is some other financial or practical connection between
otherwise separated activities.
(5) The matters to which the proposals submitted under this section may relate
include, in particular, the procedures and other practices to be followed by
C4C in the case of—
(a) the initiation and management of new ventures;
(b) the exercise of particular powers;
(c) the assessment of risks;
(d) the imposition of charges; and
(e) the keeping of records.
(6) The determination of what is appropriate for the purposes of sub-
paragraphs (3) and (4) is not to be confined to a determination of what is
appropriate for securing the matters mentioned in sub-paragraph (2).
(7) The arrangements proposed by C4C must contain provision for compliance
with the arrangements to be checked regularly by a person appointed in
accordance with that provision.
(8) That person must be a person other than the person for the time being
holding an appointment for the purposes of paragraph 12(2) of Schedule 3
to the 1990 Act (C4C’s auditor).
Consideration and approval of proposals
3 (1) OFCOM must consider every proposal or revised proposal submitted to
them by C4C under paragraph 2 or this paragraph and may do one of the
(a) approve the proposed arrangements;
(b) approve them with such modifications as they may notify to C4C;
(c) require C4C to submit revised proposals in accordance with
directions given by OFCOM.
(a) making modifications of proposed arrangements for the purpose of
approving them, or
(b) requiring the submission of revised proposals,
OFCOM must consult C4C.
Duration of approval and modification of arrangements
4 (1) Arrangements approved under this Schedule are to remain in force (subject
to the following provisions of this paragraph) throughout the licence period
to which they relate.
(2) The arrangements for the time being approved under this Schedule for any
licence period may be modified, by agreement between OFCOM and C4C,
at any time during the licence period for which they apply.
(3) OFCOM may carry out a review of the arrangements for the time being
approved under this Schedule.
(4) The reviews that may be carried out under this paragraph in any one licence
period are confined to either—
(a) one review relating to all the arrangements; or
(b) two reviews carried out at separate times as follows—
(i) one (whether the first or second) relating to the arrangements
for securing the transparency objectives; and
(ii) the other relating to other matters.
(5) On a review under this paragraph, OFCOM may require C4C to submit
proposals for modifying the arrangements for the time being approved
under this Schedule so far as they relate to the matters under review.
(6) Paragraph 3 applies where proposals are submitted to OFCOM under sub-
paragraph (5) as it applies where they are submitted under paragraph 2.
Publication of approved arrangements
5 (1) OFCOM must publish all arrangements approved by them under this
(2) The publication of anything under this paragraph must be in such manner
as OFCOM consider appropriate for bringing it to the attention of members
of the public.
Duty of C4C to act in accordance with the approved arrangements
6 It shall be the duty of C4C to act in accordance with the arrangements for the
time being in force under this Schedule.
Enforcement of duties
7 (1) This paragraph applies to—
(a) every duty of C4C under this Schedule to submit proposals to
(b) the duty imposed on C4C by paragraph 6.
(2) Each of those duties shall be enforceable in civil proceedings by OFCOM—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.
Penalty for contravention of the arrangements
8 (1) OFCOM may impose a penalty on C4C if C4C have contravened—
(a) a requirement of this Schedule to submit proposals to OFCOM;
(b) a requirement of arrangements for the time being approved under
(2) The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying
revenue for their last complete accounting period before the contravention.
(3) Before imposing a penalty on C4C under this paragraph OFCOM must give
C4C a reasonable opportunity of making representations to OFCOM about
their proposal to impose the penalty.
(4) Where OFCOM impose a penalty on C4C under this paragraph, they shall—
(a) notify C4C; and
(b) in that notification, fix a reasonable period after it is given as the
period within which the penalty is to be paid.
(5) In the case of a continuing contravention—
(a) separate penalties may be imposed in respect of different periods
during which the contravention continues;
(b) the notification of the penalty must specify the period in respect of
which the penalty is imposed; and
(c) the reference in sub-paragraph (2) to the last complete accounting
period before the contravention is a reference to the last complete
accounting period before the end of the period in respect of which
the penalty is imposed.
(6) A penalty imposed under this paragraph must be paid to OFCOM within
the period fixed by them.
(7) Section 19(2) to (6) of the 1990 Act and Part 1 of Schedule 7 to that Act
(calculation of qualifying revenue), with any necessary modifications, have
effect in relation to C4C for the purposes of this paragraph as they have
effect in relation to the holder of a Channel 3 licence for the purposes of Part
1 of that Act.
OFCOM’s duty to take account of need to support C4C’s primary functions
9 In exercising their powers under this Schedule OFCOM must have regard,
in particular, to the need to secure, so far as practicable, that all significant
risks that C4C’s other activities will have an adverse effect on the carrying
out of their primary functions are—
(b) evaluated; and
(c) properly managed
Interpretation of Schedule
10 In this Schedule—
“arrangements” means arrangements about the procedures and other
practices to be followed by C4C and about other matters connected
with the carrying on by them of any of their activities;
“licence period” means—
(a) the period for which the replacement licence is granted to
C4C in accordance with section 228; or
(b) any subsequent period for which it is renewed;
“primary functions” is to be construed in accordance with section
“relevant licence period”—
(a) in relation to the first notification to be given under
paragraph 1, the licence period mentioned in paragraph (a) of
the definition of that period; and
(b) in relation to any other such notification, the first licence
period to begin after the giving of the notification;
“transparency objectives” is to be construed in accordance with