Broadcasting Act 1990

Chapter VIU.K. Television Broadcasting by Welsh Authority

Modifications etc. (not altering text)

C1Pt. 1: 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.U.K.

(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;

F2...

[F3(2)The members of the S4C Board (see section 56A and Schedule 6A) are to be the members of S4C, but membership of S4C does not enable any person to act otherwise than through the S4C Board.]

(3)Schedule 6 to this Act shall have effect with respect to [F4S4C].

Textual Amendments

F1Words in s. 56(1)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2Words in s. 56(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 3(2); S.I. 2024/858, reg. 2(1)(x)

F3S. 56(2) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 33(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(k)

F4Word in s. 56(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 3(3); S.I. 2024/858, reg. 2(1)(x)

[F556AThe S4C BoardU.K.

(1)A Board of S4C is established.

(2)That Board—

(a)is to be known as the S4C Board or (in Welsh) Bwrdd S4C, and

(b)is to be constituted in accordance with this Act.

(3)Except where otherwise provided by or under any enactment, the duties and powers of S4C are to be discharged and exercised by the S4C Board on behalf of S4C.

(4)Schedule 6A makes further provision about the S4C Board.]

Textual Amendments

F657 Function and duties of Welsh Authority.U.K.

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Textual Amendments

F6S. 57 repealed (29.12.2003) by Communications Act 2003 (c. 21), 206(8), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)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.U.K.

[F7(1)The BBC must provide to S4C (free of charge) sufficient television programmes in Welsh to occupy not less than ten hours’ transmission time per week, in a way that meets the reasonable requirements of S4C.

(1A)The duty in subsection (1) does not apply during any period for which the BBC and S4C agree in writing to put in place alternative arrangements that contribute to S4C fulfilling its public service remit.

(1B)If the BBC and S4C make an agreement under subsection (1A) the BBC must, as soon as reasonably practicable, publish the terms of the agreement.

(1C)The BBC must exclude from publication any information which it or S4C considers—

(a)constitutes a trade secret, or

(b)would be likely, if published, to prejudice the commercial interests of any person,

unless the BBC and S4C consider that there is an overriding public interest in publishing the information.]

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F9S4C] shall publish, in such manner as they consider appropriate, advance notice of the programme schedules for the programmes to be broadcast [F10on S4C Digital].

[F11(6)In this section “programme” does not include an advertisement.]

Textual Amendments

F7S. 58(1)-(1C) substituted for s. 58(1)(1A) (23.8.2024) by Media Act 2024 (c. 15), ss. 35(2), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F8S. 58(2)-(4) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), ss. 35(3), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F9Word in s. 58(5) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 35(4)(a), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

F10Words in s. 58(5) substituted (23.8.2024) by Media Act 2024 (c. 15), ss. 35(4)(b), 55(3)(b); S.I. 2024/858, reg. 2(1)(m)

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

F1259 Requirements to be complied with in relation to S4C programmes.U.K.

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Textual Amendments

F12S. 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.U.K.

F13(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F14S4C] 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 [F15Digital] and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of S4C [F16Digital];

[F17(aa)from time to time consult the Secretary of State as to the forms and methods of product placement that should not be employed in the provision of S4C [F18Digital] (including the descriptions of products, services or trade marks for which product placement should not be employed);] and

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

(5)[F19S4C] shall not act as an advertising agent.

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13S. 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)

F20S. 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

[F2161 Funding of [F22S4C].U.K.

(1)The Secretary of State shall secure that in 2012 and each subsequent year [F23S4C] are paid an amount which he considers sufficient to cover the cost to [F24S4C] during that year of—

(a)providing the Authority's public services (within the meaning of section 207 of the Communications Act 2003), and

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

(2)The Secretary of State may discharge the duty in subsection (1) by making payments himself or entering into an agreement with another person for that person to do so (or both).

(3)If under this section [F25S4C] are paid an amount for any year which exceeds the cost referred to in subsection (1), [F26S4C] may pay the difference from the public service fund referred to in section 61A to the person (or pro rata to the persons) from whom payments were received.

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

Textual Amendments

[F2761A [F28S4C] public service fund.U.K.

F29(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)All amounts received by [F30S4C] under section 61 F31... shall be kept by [F32S4C] in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of [F33their 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)[F34S4C] 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 [F35 on a television programme service that is one of their public services (within the meaning of section 207 of the Communications Act 2003)].

F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F27S. 61A inserted (1.10.1996) by 1996 c. 55, s. 81(1); S.I. 1996/2120, art. 4 Sch. 1

F28Word in s. 61A heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 6(5); S.I. 2024/858, reg. 2(1)(x)

F29S. 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)

F31Words 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)

F33Words 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)

F35Words 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)

F36S. 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)

F3762 Information to be supplied to Commission by Welsh Authority.U.K.

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Textual Amendments

F37S. 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.U.K.

(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 [F38S4C] 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 [F39S4C] to comply with the notice.

(2)Where [F40S4C] 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 [F41S4C] to refrain from broadcasting any matter or classes of matter specified in the notice; and it shall be the duty of [F42S4C] to comply with the notice.

(4)Where the Secretary of State has given [F43S4C] a notice under subsection (3), [F44S4C] 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.

Textual Amendments

64 Audience research by [F45S4C].U.K.

(1)[F46S4C] shall make arrangements for ascertaining—

(a)the state of public opinion concerning programmes broadcast on S4C [F47Digital];

(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 [F48Digital].

(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 [F49S4C]; and

(b)include provision for full consideration by [F50S4C] of the results of any such research.

Textual Amendments

Modifications etc. (not altering text)

C4S. 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