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Communications Bill


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

    421

 

Party political broadcasts

  18      (1)      It shall be the duty of the Welsh Authority to include—

              (a)             party political broadcasts, and

              (b)             referendum campaign broadcasts,

                   in every designated public service of theirs.

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          (2)      The Welsh Authority must prepare, publish and from time to time review

and revise their policy with respect to—

              (a)             party political broadcasts and referendum campaign broadcasts; and

              (b)             the manner in which they propose to perform their duty under sub-

paragraph (1).

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          (3)      The Welsh Authority’s policy may, in particular, include provision for

determining—

              (a)             the political parties on whose behalf party political broadcasts may

be made;

              (b)             in relation to each political party on whose behalf such broadcasts

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may be made, the length and frequency of the broadcasts; and

              (c)             in relation to each designated organisation on whose behalf

referendum campaign broadcasts are required to be broadcast, the

length and frequency of such broadcasts.

          (4)      That policy is to have effect subject to sections 37 and 127 of the Political

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Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties

and designated organisations to be entitled to party political broadcasts or

referendum campaign broadcasts).

          (5)      In preparing or revising their policy with respect to the inclusion of party

political broadcasts or referendum campaign broadcasts in their designated

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public services, the Welsh Authority must have regard to—

              (a)             any views expressed for the purposes of this paragraph by the

Electoral Commission; and

              (b)             any rules made by OFCOM under section 329.

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

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paragraph are—

              (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

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section 203 approving its provision.

          (7)      In this paragraph—

               “designated organisation”, in relation to a referendum, means a

person or body designated by the Electoral Commission under

section 108 of the Political Parties, Elections and Referendums Act

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2000 in respect of that referendum; and

               “referendum campaign broadcast” has the meaning given by section

127 of that Act.

 

 

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

    422

 

Duty to publicise complaints procedures etc.

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

5

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

services provided by the Welsh Authority; and

              (b)             any procedures established by OFCOM or the Authority for the

handling and resolution of complaints about the observance by the

Authority of standards set under section 315.

10

Monitoring of programmes

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

              (a)             in respect of every programme included in any of their public

television services, to retain a recording of the programme in the

form, and for the period, specified by OFCOM;

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              (b)             to comply with any request to produce such recordings to OFCOM

for examination or reproduction; and

              (c)             to comply, to the extent that they are able to do so, with any request

to produce to OFCOM a script or transcript of a programme included

in any of their public television services.

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          (2)      The period specified for the purposes of sub-paragraph (1)(a) must be a

period not exceeding ninety days.

Compliance with international obligations

  21      (1)      OFCOM may give the Welsh Authority such directions as OFCOM consider

appropriate for securing that all relevant international obligations are

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complied with.

          (2)      It shall be the duty of the Authority to comply with a direction under this

paragraph.

          (3)      Before giving a direction under this paragraph, OFCOM must consult the

Authority.

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          (4)      In this paragraph “relevant international obligations” means the

international obligations of the United Kingdom which have been notified

to OFCOM by the Secretary of State for the purposes of this paragraph.

Services for the deaf and visually impaired

  22       It shall be the duty of the Welsh Authority to observe the code for the time

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being in force under section 300 in the provision of—

              (a)             S4C Digital; and

              (b)             so much of any of the Welsh Authority’s other public television

services as is provided in digital form.

 

 

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

    423

 

Equality of opportunity

  23      (1)      It shall be the duty of the Welsh Authority to make such arrangements as

they consider appropriate for promoting, in relation to employment with the

Authority, equality of opportunity—

              (a)             between men and women; and

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              (b)             between persons of different racial groups.

          (2)      It shall be the duty of the Welsh Authority to make arrangements for

promoting, in relation to employment with the Authority, the fair treatment

of disabled persons.

          (3)      The Welsh Authority shall also make such arrangements as they consider

10

appropriate for the training and retraining of persons whom they employ in

or in connection with—

              (a)             the provision of one or more of their public services; or

              (b)             the making of programmes to be included in one or more of those

services.

15

          (4)      The Welsh Authority—

              (a)             shall take all such steps as they consider appropriate for making

persons affected by any arrangements made in pursuance of sub-

paragraphs (1) to (3) aware of the arrangements (including the

publication of the arrangements in such manner as they think fit);

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

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

manner as they consider appropriate, their observations on the

current operation and effectiveness of the arrangements.

          (5)      Before making any arrangements in pursuance of any of sub-paragraphs (1)

25

to (3) or determining the manner in which they will comply with sub-

paragraph (4), the Welsh Authority must consult OFCOM.

          (6)      In this paragraph—

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

Act 1995 (c. 50);

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

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

Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

          (7)      The Secretary of State may by order amend sub-paragraph (1) by adding any

other form of equality of opportunity that he considers appropriate to that

35

sub-paragraph.

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

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

by a resolution of each House.

Meaning of Welsh Authority’s public services

40

  24      (1)      In this Part of this Schedule, references to the Welsh Authority’s public

services are references to the following—

              (a)             S4C;

              (b)             S4C Digital; and

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

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or under section 203.

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    424

 

          (2)      References in this Schedule to a public television service of the Welsh

Authority are references to any public service of the Authority which is a

television programme service.

Schedule 13

Section 341

 

Financial penalties under the Broadcasting Acts

5

Part 1

Broadcasting Act 1990

Preliminary

  1        The 1990 Act shall be amended as follows.

Revocation of television services licence

10

  2       (1)      In subsection (3) of section 18 (penalty on revocation of television services

licence), for “a financial penalty of the prescribed amount” there shall be

substituted “a specified financial penalty”.

          (2)      For subsection (4) of that section (amount of penalty) there shall be

substituted—

15

              “(3A)                The maximum amount which a person may be required to pay by

way of a penalty under subsection (3) is the maximum penalty given

by subsections (3B) and (3C).

              (3B)                In a case where the licence is revoked under this section or the

penalty is imposed before the end of the first complete accounting

20

period of the licence holder to fall within the period for which the

licence is in force, the maximum penalty is whichever is the greater

of—

                    (a)                   £500,000; and

                    (b)                   7 per cent. of the amount which OFCOM estimate would

25

have been the qualifying revenue for the first complete

accounting period of the licence holder falling within the

period for which the licence would have been in force.

              (3C)                In any other case, the maximum penalty is whichever is the greater

of—

30

                    (a)                   £500,000; and

                    (b)                   7 per cent. of the qualifying revenue for the last complete

accounting period of the licence holder falling within the

period for which the licence is in force.

              (3D)                Section 19(2) to (6) applies for estimating or determining qualifying

35

revenue for the purposes of subsection (3B) or (3C) above.”

          (3)      This paragraph applies only in a case of a revocation in relation to which—

              (a)             the notice required by section 18(2) of the 1990 Act, or

              (b)             the notice revoking the licence,

                   is served after the commencement of this paragraph.

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Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    425

 

Licences for Channel 3 services and for Channels 4 and 5

  3       (1)      For subsection (2) of section 41 (penalties for failure by holder of licence for

Channel 3 services, Channel 4 or Channel 5 to comply with licence

conditions or directions) there shall be substituted—

              “(1A)                The amount of a financial penalty imposed on a person in pursuance

5

of subsection (1)(a) shall not exceed 5 per cent. of the qualifying

revenue for the licence holder’s last complete accounting period

falling within the period for which his licence has been in force (‘the

relevant period’).

              (1B)                In relation to a person whose first complete accounting period falling

10

within the relevant period has not ended when the penalty is

imposed, subsection (1A) is to be construed as referring to 5 per cent.

of the amount which OFCOM estimate to be the qualifying revenue

for that accounting period.

              (1C)                Section 19(2) to (6) applies for determining or estimating qualifying

15

revenue for the purposes of subsection (1A) or (1B) above.”

          (2)      This paragraph applies in relation to a failure to comply with a condition or

direction only if it is one occurring after the commencement of this

paragraph.

Restricted services licences

20

  4       (1)      In subsection (2) of section 42B (application of sections 40 to 42 to licensing

of restricted services), for “subsections (3) and (4)” there shall be substituted

“subsections (3) to (3C)”.

          (2)      In subsection (3) of that section—

              (a)             for “subsection (2)” there shall be substituted “subsections (1A) to

25

(1C)”; and

              (b)             for the words from “shall not exceed whichever is the greater”

onwards there shall be substituted “is the maximum penalty given

by subsection (3A).”

          (3)      For subsection (4) of that section (penalties for failure to comply with

30

conditions or directions) there shall be substituted—

              “(3A)                The maximum penalty is whichever is the greater of—

                    (a)                   £250,000; and

                    (b)                   5 per cent. of the qualifying revenue for the licence holder’s

last complete accounting period falling within the period for

35

which his licence has been in force (‘the relevant period’).

              (3B)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

imposed, subsection (3A)(b) is to be construed as referring to 5 per

cent. of the amount which OFCOM estimate to be the qualifying

40

revenue for that accounting period.

              (3C)                Section 19(2) to (6) applies for determining or estimating qualifying

revenue for the purposes of subsection (3A) or (3B) above.”

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    426

 

          (4)      This paragraph applies in relation to a failure to comply with a condition or

direction only if it is one occurring after the commencement of this

paragraph.

Additional television services licences

  5       (1)      For subsection (2) of section 55 (penalties for failure by holder of licence for

5

additional television service to comply with licence conditions or directions)

there shall be substituted—

              “(1A)                The amount of a financial penalty imposed on a person in pursuance

of subsection (1) shall not exceed 5 per cent. of the qualifying revenue

for the licence holder’s last complete accounting period falling

10

within the period for which his licence has been in force (‘the

relevant period’).

              (1B)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

imposed, subsection (1A) is to be construed as referring to 5 per cent.

15

of the amount which OFCOM estimate to be the qualifying revenue

for that accounting period.

              (1C)                Section 52(2) applies for determining or estimating qualifying

revenue for the purposes of subsection (1A) or (1B) above.”

          (2)      This paragraph applies in relation to a failure to comply with a condition or

20

direction only if it is one occurring after the commencement of this

paragraph.

Revocation of national sound broadcasting licence

  6       (1)      In subsection (3) of section 101 (penalty on revocation of national sound

broadcasting licence), for “a financial penalty of the prescribed amount”

25

there shall be substituted “a specified financial penalty”.

          (2)      For subsection (4) of that section (amount of penalty) there shall be

substituted—

              “(3A)                The maximum amount which a person may be required to pay by

way of a penalty under subsection (3) is the maximum penalty given

30

by subsections (3B) and (3C).

              (3B)                In a case where the licence is revoked under this section or the

penalty is imposed before the end of the first complete accounting

period of the licence holder to fall within the period for which the

licence is in force, the maximum penalty is whichever is the greater

35

of—

                    (a)                   £250,000; and

                    (b)                   7 per cent. of the amount which OFCOM estimate would

have been the qualifying revenue for the first complete

accounting period of the licence holder falling within the

40

period for which the licence would have been in force.

              (3C)                In any other case, the maximum penalty is whichever is the greater

of—

                    (a)                   £250,000; and

 

 

Communications Bill
Schedule 13 — Financial penalties under the Broadcasting Acts
Part 1 — Broadcasting Act 1990

    427

 

                    (b)                   7 per cent. of the qualifying revenue for the last complete

accounting period of the licence holder falling within the

period for which the licence is in force.

              (3D)                Section 102(2) to (6) applies for estimating or determining qualifying

revenue for the purposes of subsection (3B) or (3C) above.”

5

          (3)      This paragraph applies only in a case of a revocation in relation to which—

              (a)             the notice required by section 101(2) of the 1990 Act, or

              (b)             the notice revoking the licence,

                   is served after the commencement of this paragraph.

Licences for analogue sound services

10

  7       (1)      For subsection (2) of section 110 (penalties for failure by holder of national

sound broadcasting licence to comply with licence conditions or directions)

there shall be substituted—

              “(1A)                The maximum amount which the holder of a national licence may be

required to pay by way of a financial penalty imposed in pursuance

15

of subsection (1)(a) is the maximum penalty given by subsection (1B).

              (1B)                The maximum penalty is whichever is the greater of—

                    (a)                   £250,000; and

                    (b)                   5 per cent. of the qualifying revenue for his last complete

accounting period falling within the period for which his

20

licence has been in force (‘the relevant period’).

              (1C)                In relation to a person whose first complete accounting period falling

within the relevant period has not ended when the penalty is

imposed, subsection (1B)(b) is to be construed as referring to 5 per

cent. of the amount which OFCOM estimate to be the qualifying

25

revenue for that accounting period.

              (1D)                Section 102(2) to (6) applies for determining or estimating qualifying

revenue for the purposes of subsection (1B) or (1C) above.”

          (2)      In subsection (3) of that section (maximum penalty for failure by holder of a

sound broadcasting licence that is not a national licence to comply with

30

licence conditions or directions), for “£50,000” there shall be substituted

“£250,000”.

          (3)      This paragraph applies in relation to a failure to comply with a condition or

direction only if it is one occurring after the commencement of this

paragraph.

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Additional radio services licences

  8       (1)      For subsection (2) of section 120 (penalties for failure by holder of additional

radio services licence to comply with licence conditions or directions) there

shall be substituted—

              “(1A)                The amount of a financial penalty imposed on a person in pursuance

40

of subsection (1) shall not exceed 5 per cent. of the qualifying revenue

for the licence holder’s last complete accounting period falling

within the period for which his licence has been in force (‘the

relevant period’).

 

 

 
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