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House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill


Communications Bill
Schedule 11 — Approval, imposition and modification of networking arrangements

    407

 

          (9)      A person is guilty of an offence if—

              (a)             he supplies information to another person knowing that the

information is to be used for complying with a notice under

paragraph 12;

              (b)             the information is false or misleading in a material respect; and

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              (c)             he knows that it is false or misleading in a material respect or is

reckless as to whether it is false or misleading in a material respect.

          (10)     A person guilty of an offence under this paragraph shall be liable—

              (a)             on summary conviction, to a fine not exceeding the statutory

maximum;

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              (b)             on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine, or to both.

          (11)     In this paragraph “the court” means—

              (a)             in relation to England and Wales, the High Court;

              (b)             in relation to Scotland, the Court of Session; and

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              (c)             in relation to Northern Ireland, the High Court or a judge of the High

Court.

Confidentiality and defamation

  14      (1)      When publishing a report prepared under paragraph 4 or 5, OFCOM must

have regard to the need to exclude from the publication, so far as practicable,

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the matters which are confidential in accordance with sub-paragraphs (2)

and (3).

          (2)      A matter is confidential under this sub-paragraph if—

              (a)             it relates specifically to the affairs of a particular body; and

              (b)             publication of that matter would or might, in OFCOM’s opinion,

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seriously and prejudicially affect the interests of that body.

          (3)      A matter is confidential under this sub-paragraph if—

              (a)             it relates to the private affairs of an individual; and

              (b)             publication of that matter would or might, in OFCOM’s opinion,

seriously and prejudicially affect the interests of that individual.

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          (4)      For the purposes of the law of defamation absolute privilege attaches to

every report prepared under paragraph 4 or 5.

Interpretation of Schedule

  15       In this Schedule—

                    “competition test” is to be construed in accordance with paragraph 6;

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                    “the Tribunal” means the Competition Appeal Tribunal; and

                    “Tribunal rules” means rules made under section 15 of the Enterprise

Act 2002 (c. 40).

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 1 — The BBC

    408

 

Schedule 12

Section 334

 

Corresponding obligations of the BBC and Welsh Authority

Part 1

The BBC

Quotas for independent productions

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  1       (1)      It shall be the duty of the BBC to secure that, in each year, not less than 25

per cent. of the total amount of time allocated to the broadcasting of

qualifying programmes included in the television broadcasting services

provided by the BBC is allocated to the broadcasting of a range and diversity

of independent productions.

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          (2)      In this paragraph—

              (a)             a reference to qualifying programmes is a reference to programmes

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

describing the programmes that are to be qualifying programmes for

the purposes of this paragraph;

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              (b)             a reference to independent productions is a reference to programmes

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

describing the programmes that are to be independent productions

for the purposes of this paragraph; and

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

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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

specified in that sub-paragraph.

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          (4)      The Secretary of State may also by order provide for the BBC 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

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

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television broadcasting services provided by the BBC 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 BBC are again to be subject to a duty to which they have

previously ceased to be subject by virtue of such an order, in addition to or

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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 BBC to be or to cease to

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

              (a)             OFCOM have made a recommendation to him that the BBC should

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

              (b)             the order gives effect to that recommendation.

          (8)      Where television broadcasting services are designated by or under the BBC

Charter and Agreement—

 

 

Communications Bill
Schedule 12 — Corresponding obligations of the BBC and Welsh Authority
Part 1 — The BBC

    409

 

              (a)             as services that must be treated separately for the purposes of the

duty imposed by sub-paragraph (1) or a duty imposed under sub-

paragraph (4), or

              (b)             as services that must be included in a group of services that must be

taken together for the purposes of such a duty,

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                   that duty is to have effect in accordance with sub-paragraph (9).

          (9)      A duty having effect in accordance with this sub-paragraph is to have effect

as if (instead of applying to all the television broadcasting services provided

by the BBC, taken together) it applied separately—

              (a)             in relation to each service that is required to be treated separately;

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and

              (b)             in relation to each group of services that are required to be taken

together.

          (10)              The BBC must comply with directions given to them by OFCOM for the

purpose of—

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              (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

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

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those duties to the subsequent year or years.

          (11)     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

for any purpose,

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                   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.

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

consult OFCOM and the BBC.

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          (13)     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.

          (14)     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; and

               “programming budget” means the budget for the production and

acquisition of qualifying programmes.

Duty to publicise complaints procedures etc.

40

  2       (1)      It shall be the duty of the BBC to make arrangements for securing that the

matters mentioned in sub-paragraph (2) are brought to the attention of the

public (whether by means of broadcasts or otherwise).

          (2)      Those matters are—

              (a)             OFCOM’s functions under Part 5 of the 1996 Act in relation to

45

services provided by the BBC; and

 

 

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

    410

 

              (b)             any procedures established by OFCOM or the BBC for the handling

and resolution of complaints about the observance by the BBC of

standards set under section 315.

Part 2

The Welsh Authority

5

Public service remits of the Welsh Authority services

  3       (1)      It shall be the duty of the Welsh Authority to secure that the public service

remits for each of their public television services is fulfilled.

          (2)      The public service remit for S4C is the provision of a broad range of high

quality and diverse programming in a service in which—

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              (a)             a substantial proportion of the programmes consists of programmes

in Welsh;

              (b)             the programmes broadcast for viewing between 6:30 PM and 10:00

PM on every day of the week consist mainly of programmes in

Welsh; and

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              (c)             the programmes that are not in Welsh are normally programmes

which are being, have been or are to be broadcast on Channel 4.

          (3)      The public service remit for S4C Digital is the provision of a broad range of

high quality and diverse programming in a service in which a substantial

proportion of the programmes consists of programmes in Welsh.

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          (4)      The public service remit for a television programme service provided by the

Welsh Authority with the approval of the Secretary of State under section

203 is the remit set out in the order approving the provision of the service.

          (5)      The Secretary of State may by order modify sub-paragraphs (2) and (3).

          (6)      Before making an order specifying or modifying the public service remit for

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any of the Welsh Authority’s public television services, the Secretary of State

must consult—

              (a)             the Authority; and

              (b)             where the order relates to the inclusion in any service of programmes

that are not in Welsh, C4C.

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          (7)      An order modifying the public service remit for S4C or S4C Digital must not

contain provision inconsistent with a requirement that each service must—

              (a)             represent a public service for the dissemination of information,

education and entertainment; and

              (b)             include programmes a substantial proportion of which consists of

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programmes in Welsh.

          (8)      No order is to be made containing provision authorised by sub-paragraph

(5) unless a draft of the order has been laid before Parliament and approved

by a resolution of each House.

Statements of programme policy

40

  4       (1)      It shall be the duty of the Welsh Authority—

              (a)             as soon as practicable after the coming into force of this paragraph,

and subsequently at annual intervals, to prepare a statement of

programme policy; and

 

 

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

    411

 

              (b)             to monitor their own performance in the carrying out of the

proposals contained in statements made under this paragraph.

          (2)      Every statement of programme policy prepared under this paragraph must

set out the Welsh Authority’s proposals for securing that, during the

following year—

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              (a)             the public service remit for each of their public television services to

be provided during that year will be fulfilled; and

              (b)             the Welsh Authority’s duties under the provisions of this Schedule

will be performed.

          (3)      Every such statement must contain a report on the performance of the Welsh

10

Authority in the carrying out during the period since the previous statement

of the proposals contained in that previous statement.

          (4)      When preparing such a statement, the Welsh Authority must consider—

              (a)             any guidance by OFCOM that is in force for the purposes of section

264; and

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              (b)             any reports previously published by OFCOM under section 262 or

355.

          (5)      Every such statement must be published by the Welsh Authority as soon as

practicable after its preparation is complete.

          (6)      OFCOM may direct that any statement of policy which—

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              (a)             was made by the Welsh Authority before the coming into force of

this paragraph, and

              (b)             is specified in the direction,

                   is to be treated for the purposes of this Act as if it were a statement made in

relation to such period as may be so specified in pursuance of this

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paragraph.

          (7)      A direction under sub-paragraph (6) cannot contain provision the effect of

which is to postpone the time at which the Welsh Authority would

otherwise be required to make its first statement of programme policy.

Must-offer obligations in relation to networks and satellite services

30

  5       (1)      It shall be the duty of the Welsh Authority to ensure that each of their public

digital services is at all times offered as available (subject to the need to agree

terms)—

              (a)             to be broadcast or distributed by means of every appropriate

network; and

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              (b)             to be broadcast by means of every satellite television service that is

available for reception by members of the public in Wales.

          (2)      It shall be the duty of the Welsh Authority to do their best to secure that

arrangements are entered into, and kept in force, that ensure—

              (a)             that each of their public digital services is broadcast or distributed on

40

appropriate networks; and

              (b)             that the broadcasting and distribution of each of their public digital

services, in accordance with those arrangements, result in the service

being available for reception, by means of appropriate networks, by

as many members of its intended audience as practicable.

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          (3)      It shall be the duty of the Welsh Authority to do their best to secure that

arrangements are entered into, and kept in force, that ensure—

 

 

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

    412

 

              (a)             that each of their public digital services is broadcast by means of

satellite television services that are broadcast so as to be available for

reception by members of the public in Wales; and

              (b)             that the broadcasting, in accordance with those arrangements, of

each of the Authority’s public digital services by means of satellite

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television services results in its being available for reception in an

intelligible form and by means of those services by as many members

of its intended audience as practicable.

          (4)      The Welsh Authority must secure that the arrangements entered into and

kept in force for the purposes of sub-paragraphs (2) and (3) prohibit the

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imposition, for or in connection with the provision of an appropriate

network or a satellite television service, of any charge that is attributable

(whether directly or indirectly) to the conferring of an entitlement to receive

each of the Authority’s public digital services in an intelligible form by

means of that network or service.

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          (5)      OFCOM may, by a direction to the Welsh Authority, require arrangements

made or kept in force for the purposes of sub-paragraphs (2) or (3) to apply

in the case of every service which is an ancillary service by reference to one

of their public digital services as they apply to the service itself.

          (6)      For the purposes of this paragraph a public digital service of the Welsh

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Authority is to be treated, in relation to particular appropriate networks and

satellite television services, as constituting such services comprised in or

provided with that public digital service—

              (a)             as may be determined by agreement between the Welsh Authority

and OFCOM; or

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              (b)             in default of agreement, as may be directed by OFCOM.

          (7)      This paragraph—

              (a)             so far as it relates to the broadcasting or distribution of any of the

Welsh Authority’s public digital services by means of appropriate

networks, applies only in relation to times when that service is

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included in the list of must-carry services in section 62; and

              (b)             so far as it relates to the broadcasting of such a public digital service

by means of a satellite television service, applies only in relation to

times when that service is included in the list of must-provide

services in section 273.

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          (8)      In this paragraph—

               “appropriate network” means an electronic communications network

by means of which public electronic communications services are

provided that are used by a significant number of end-users in

Wales as their principal means of receiving television programmes;

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               “intended audience”, in relation to a public digital service of the Welsh

Authority, means—

                     (a)                    if the service is one provided only for a particular area or

locality of Wales, members of the public in that area or

locality;

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                     (b)                    if the service is one provided for members of a particular

community, members of that community; and

                     (c)                    in any other case, members of the public in Wales;

 

 

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

    413

 

               “public digital service”, in relation to the Welsh Authority, means any

of their public television services so far as it is provided in digital

form; and

               “satellite television service” means a service which—

                     (a)                    consists in or involves the broadcasting of television

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programme services from a satellite; and

                     (b)                    is used by a significant number of the persons by whom the

broadcasts are received in an intelligible form as their

principal means of receiving television programmes.

          (9)      For the purposes of this section an electronic communications network is not

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an appropriate network in relation to so much of a channel or other service

as is provided only for a particular area or locality of Wales unless it is a

network by means of which electronic communications services are

provided to persons in that area or locality

          (10)     In sub-paragraph (8) “public electronic communications service” and “end-

15

user” each has the same meaning as in Chapter 1 of Part 2.

          (11)     An order under section 407 must not appoint a day for provisions of this

paragraph to come into force that falls less than six months after the day on

which the order is made.

Supply of services by satellite in certain areas

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  6        It shall be the duty of the Welsh Authority—

              (a)             to join with the providers of other must-provide services in entering

into and maintaining arrangements satisfying the requirements of

section 272; and

              (b)             to comply with the requirements of any arrangements imposed by

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OFCOM for the purposes of conditions under subsection (2) of that

section.

Programming quotas for independent productions

  7       (1)      It shall be the duty of the Welsh Authority to secure that, in each year, not

less than 25 per cent. of the total amount of time allocated to the

30

broadcasting of qualifying programmes included in their designated public

services (taken together) is allocated to the broadcasting of a range and

diversity of independent productions.

          (2)      In this paragraph—

              (a)             a reference to qualifying programmes is a reference to programmes

35

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

describing the programmes that are to be qualifying programmes for

the purposes of this paragraph;

              (b)             a reference to independent productions is a reference to programmes

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

40

describing the programmes that are to be independent productions

for the purposes of this paragraph; and

              (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.

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