Search Legislation

The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 3

SCHEDULEOFCOM FUNCTIONS RELATING TO ADVERTISING WHICH MAY BE CONTRACTED OUT

PART 1

1.  Functions conferred by or under the following provisions of the 2003 Act relating to programme standards for television and radio:

(a)section 319(1) (setting, reviewing and revising content standards);

(b)section 325(2) (handling and resolution of complaints about the observance of standards set under section 319);

(c)section 325(4) in so far as it provides for a direction to be given to a licence holder with respect to any of the matters mentioned in paragraphs (a) and (b) of section 325(5);

(d)paragraph 14(1) of Part 2 of Schedule 12 in so far as it provides for a direction to be given to the Welsh Authority with respect to any of the matters mentioned in subparagraphs (a) and (b) of paragraph 14(2) of that Schedule.

PART 2

2.  Functions conferred by or under the following provisions relating to directions to broadcast a correction or statement of findings:

(a)section 40(1) of the 1990 Act(1) (power to direct licensee to broadcast correction or statement of findings);

(b)section 109(3) of the 1990 Act(2) (power to require broadcasting of correction or statement of findings);

(c)section 236(2) of the 2003 Act (direction to the holder of a licence to provide a television licensable content service to take remedial action);

(d)paragraph 15(2) of Part 2 of Schedule 12 to the 2003 Act (inclusion of a correction or statement of findings in a public television service of the Welsh Authority).

PART 3

3.—(1) In the 1990 Act, functions conferred by or under—

(a)section 41(1) (power to impose financial penalty or shorten licence period)(3);

(b)section 42(1) (power to revoke a licence)(4);

(c)section 55(1) (power to impose penalty on holder of additional services licence)(5);

(d)section 110(1) (power to impose financial penalty or shorten licence period)(6);

(e)section 111(1) (power to revoke licence)(7);

(f)section 120(1) (enforcement of additional services licences)(8).

4.—(1) In the 1996 Act, functions conferred by or under—

(a)section 17(1) (power to impose financial penalty on the holder of a multiplex licence)(9);

(b)section 23(1) (power to impose financial penalty on the holder of a digital programme licence)(10);

(c)section 27(1) (power to impose financial penalty on the holder of a digital additional services licence)(11);

(d)section 59(1) (power to impose financial penalty on the holder of a radio multiplex licence)(12);

(e)section 62(1) (power to impose financial penalty on the holder of a digital sound programme licence)(13);

(f)section 66(1) (power to impose financial penalty on the holder of a digital additional services licence)(14);

5.  In the 2003 Act, functions conferred by section 341(2).

(1)

In addition to Channels 3 and 5, section 40(1) (as amended by section 344 of the 2003 Act and paragraph 18 of Part 1 of Schedule 15 to that Act) applies to Channel 4 by virtue of section 40(5) of the 1990 Act; to a restricted service by virtue of section 42B(2) of the 1990 Act (as amended by paragraph 4(1) of Schedule 13 to the 2003 Act read with paragraph 4(4) of that Schedule); to a digital programme licence by virtue of section 23(8) of the 1996 Act (as amended by paragraph 92(6) of Part 2 of Schedule 15 to the 2003 Act); to a digital additional services licence by virtue of section 27(8) of the 1996 Act; and to the public teletext service by virtue of paragraph 8 of Part 2 of Schedule 10 to the 2003 Act, with the modifications specified in that paragraph of that Schedule.

(2)

Section 109(3) (as amended by section 344 of the 2003 Act and paragraph 50 of Part 1 of Schedule 15 to that Act) applies to a national, local or restricted service (within the meaning given in section 245(4) of the 2003 Act); to a digital sound programme licence by virtue of section 62(10) of the 1996 Act (as amended by paragraph 121(6) of Part 2 of Schedule 15 to the 2003 Act); to a digital additional services licence by virtue of section 66(10) of the 1996 Act (as amended by paragraph 124(7) of Part 2 of Schedule 15 to the 2003 Act); and to a radio licensable content service by virtue of section 250(3) of the 2003 Act.

(3)

Section 41 (as amended by paragraph 18 of Part 1 of Schedule 15 to the 2003 Act and paragraph 3 of Part 1 of Schedule 13 to that Act) applies to a restricted service by virtue of section 42B(2) of the 1990 Act, with the modifications specified in subsections (3) and (4) of section 42B.

(4)

Section 42 (as amended by paragraph 18 of Part 1 of Schedule 15 to the 2003 Act) applies to a restricted service by virtue of section 42B(2) of the 1990 Act; to an additional service by virtue of section 55(4) of that Act, with the modifications specified in that section; to a multiplex licence by virtue of section 17(6) of the 1996 Act, with the modifications specified in that section; to a digital programme licence by virtue of section 23(8) of the 1996 Act, with the modifications set out in section 23(9) of that Act; to a digital additional services licence by virtue of section 27(8) of the 1996 Act, with the modifications set out in section 27(9) of that Act.

(5)

Section 55(1) was amended by paragraph 27 of Part 1 of Schedule 15 to the 2003 Act.

(6)

Section 110(1) was amended by paragraph 50 of Part 1 of Schedule 15 to the 2003 Act.

(7)

Section 111 (as amended by paragraph 50 of Part 1 of Schedule 15 to the 2003 Act) applies to a radio multiplex licence by virtue of section 59(8) of the 1996 Act, with the modifications specified in section 59(9) of that Act; to a digital sound programme licence by virtue of section 62(10) of the 1996 Act, with the modifications specified in section 62(12) of that Act; and to a digital additional services licence by virtue of section 66(10) of the 1996 Act, with the modifications specified in section 66(12) of that Act.

(8)

Section 120(1) was amended by paragraph 58 of Part 1 of Schedule 15 to the 2003 Act.

(9)

Section 17(1) was amended by paragraph 89 of Part 2 of Schedule 15 to the 2003 Act.

(10)

Section 23(1) was amended by paragraph 92 of Part 2 of Schedule 15 to the 2003 Act.

(11)

Section 27(1) was amended by paragraph 96 of Part 2 of Schedule 15 to the 2003 Act.

(12)

Section 59(1) was amended by paragraph 118 of Part 2 of Schedule 15 to the 2003 Act.

(13)

Section 62(1) was amended by paragraph 121 of Part 2 of Schedule 15 to the 2003 Act.

(14)

Section 66(1) was amended by paragraph 124 of Part 2 of Schedule 15 to the 2003 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources