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Broadcasting Act 1990

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  • specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

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Commencement Orders bringing legislation that affects this Act into force:

Chapter VIE+W+S+N.I. Television Broadcasting by Welsh Authority

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Modifications etc. (not altering text)

C1Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

56 Welsh Authority to continue in existence as Sianel Pedwar Cymru.E+W+S+N.I.

(1)The authority which at the commencement of this section is called the Welsh Fourth Channel Authority shall continue in existence as a body corporate but—

(a)shall be known as Sianel Pedwar Cymru (or S4C); and

(b)shall be constituted in accordance with F1... this Act;

and in this Act references to the Welsh Authority are references to that authority.

(2)The Welsh Authority shall consist of—

(a)a chairman appointed by the Secretary of State; and

(b)such number of other members appointed by the Secretary of State, not being less than four nor more than eight, as he may from time to time determine.

(3)Schedule 6 to this Act shall have effect with respect to the Welsh Authority.

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Amendments (Textual)

F1Words in s. 56(1)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F257 Function and duties of Welsh Authority.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2S. 57 repealed (29.12.2003) by Communications Act 2003 (c. 21), 206(8), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

58 Sources of programmes for S4C.E+W+S+N.I.

(1)For the purpose of enabling the Welsh Authority to [F3fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(a) and (b) of that paragraph] it shall be the duty of the BBC to provide the Authority (free of charge) with sufficient television programmes in Welsh to occupy not less than ten hours’ transmission time per week, and to do so in a way which meets the reasonable requirements of the Authority.

(2)It shall be the duty of the Channel Four Television Corporation—

(a)to provide the Welsh Authority with programme schedules for the programmes broadcast on Channel 4, including information as to the periods available for the broadcasting of advertisements, far enough in advance to enable the Welsh Authority to [F4fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(c) of that paragraph]; and

(b)to provide the Welsh Authority (free of charge) with any programmes which are required by the Authority for the purpose of complying with that provision.

(3)The programmes broadcast on S4C may, to the extent that they are not provided under subsection (1) or (2), be obtained by the Welsh Authority from such persons as they think fit.

(4)Where any programmes provided under subsection (2) each form part of a series of programmes, the Welsh Authority shall ensure that the intervals between those programmes when broadcast on S4C normally correspond to the intervals between them when broadcast on Channel 4.

(5)The Welsh Authority shall publish, in such manner as they consider appropriate, advance notice of the programme schedules for the programmes to be broadcast on S4C.

[F5(6)In this section “programme” does not include an advertisement.]

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Amendments (Textual)

F3Words in s. 58(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 28(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4Words in s. 58(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 28(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C2S. 58(5) applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

F659 Requirements to be complied with in relation to S4C programmes.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 59 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

60 Advertising on S4C.E+W+S+N.I.

F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Welsh Authority shall—

(a)from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be broadcast on S4C and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of S4C; and

(b)carry out any directions which he may give to them in respect of such matters.

(5)The Welsh Authority shall not act as an advertising agent.

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7S. 60(1)-(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8S. 60(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C3S. 60 applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

[F961 Funding of Welsh Authority.E+W+S+N.I.

(1)The Secretary of State shall, in the year 1998 and in each subsequent year, pay to the Welsh Authority the prescribed amount as increased by the appropriate percentage.

(2)In this section “the prescribed amount” means the 1997 amount or such amount as may from time to time be prescribed under subsection (4).

(3)In this section “the 1997 amount” means the amount paid by the Secretary of State to the Welsh Authority by way of interim payment for the year 1997 (under this section as originally enacted).

(4)The Secretary of State may, if he is satisfied that it is appropriate to do so having regard to the cost to the Welsh Authority of

[F10(a) providing services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003), and

(b)arranging for the broadcasting or distribution of those services,

by order] provide that the prescribed amount is to be an amount which is greater than the 1997 amount and is specified in the order.

(5)Before making an order under subsection (4) the Secretary of State shall consult the Welsh Authority.

(6)In this section “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between—

(a)the retail prices index for November 1996, and

(b)the retail prices index for the month of November in the year preceding the relevant year;

and for this purpose “the retail prices index” has the same meaning as in section 19(10).

(7)Any sums required by the Secretary of State under this section shall be paid out of money provided by Parliament.

(8)An order shall not be made under subsection (4) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.]

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Amendments (Textual)

F9S. 61 substituted (24.7.1996) by 1996 c. 55, ss. 80(1), 149(1)(c) (with s. 43(1)(6), 80(3))

F10Words in s. 61(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 207(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C4S. 61(3)(4) restricted (24.7.1996) by 1996 c. 55, ss. 80(4), 149(c)

[F1161A Welsh Authority public service fund.E+W+S+N.I.

F12(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)All amounts received by the Welsh Authority under section 61 F13... shall be kept by the Authority in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of [F14their functions in relation to the provision of the services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003).]

(3)No S4C company shall receive any direct or indirect subsidy from the public service fund.

(4)The Welsh Authority shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast [F15 on a television programme service that is one of their public services (within the meaning of section 207 of the Communications Act 2003)].

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(6)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F11S. 61A inserted (1.10.1996) by 1996 c. 55, s. 81(1); S.I. 1996/2120, art. 4 Sch. 1

F12S. 61A(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F13Words in s. 61A(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F14Words in s. 61A(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 207(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F15Words in s. 61A(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 207(8)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F16S. 61A(5)(6) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F1762 Information to be supplied to Commission by Welsh Authority.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17S. 62 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

63 Government control over S4C.E+W+S+N.I.

(1)If it appears to him to be necessary or expedient to do so in connection with his functions as such, the Secretary of State or any other Minister of the Crown may at any time by notice require the Welsh Authority to broadcast, at such times as may be specified in the notice, any announcement specified in the notice, with or without visual images of any picture, scene or object mentioned in the announcement; and it shall be the duty of the Authority to comply with the notice.

(2)Where the Welsh Authority broadcast any announcement in pursuance of a notice under subsection (1), they may announce that they are doing so in pursuance of such a notice.

(3)The Secretary of State may at any time by notice require the Welsh Authority to refrain from broadcasting any matter or classes of matter specified in the notice; and it shall be the duty of the Authority to comply with the notice.

(4)Where the Secretary of State has given the Welsh Authority a notice under subsection (3), the Authority may broadcast an announcement of the giving of the notice or, when it has been revoked or has expired, of its revocation or expiration.

(5)The powers conferred by this section are in addition to any power specifically conferred on the Secretary of State by any other provision of this Act.

64 Audience research by Welsh Authority.E+W+S+N.I.

(1)The Welsh Authority shall make arrangements for ascertaining—

(a)the state of public opinion concerning programmes broadcast on S4C;

(b)any effects of such programmes on the attitudes or behaviour of persons who watch them; and

(c)the types of programme that members of the public would like to be broadcast on S4C.

(2)Those arrangements shall—

(a)secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Welsh Authority; and

(b)include provision for full consideration by the Authority of the results of any such research.

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Modifications etc. (not altering text)

C5S. 64 applied (1.10.1996) by 1996 c. 55, s. 29(2) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

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