15(1)This paragraph applies if OFCOM are satisfied—U.K.
[F1(a)that the Welsh Authority have failed in any respect to perform any of their duties under—
(i)paragraphs 12 to 14,
(ii)paragraph 23A,
(iii)section 368D(1) except so far as it relates to advertising,
(iv)section 368D(2),
(v)section 368D(3)(zza), (zb), (a) or (b), or
(vi)section 368E(4) except so far as it relates to advertising; and]
(b)that the failure can be appropriately remedied by the inclusion in any or all of the Authority’s public television services [F2or on-demand programme services] of a correction or a statement of findings.
(2)OFCOM may direct the Welsh Authority to include a correction or a statement of findings (or both) in any one or more of their public television services [F3or on-demand programme services] .
(3)A direction may require the correction or statement of findings to be in such form, and to be included in programmes at such time or times, as OFCOM may determine.
(4)OFCOM are not to give a direction under this paragraph unless they have given the Welsh Authority a reasonable opportunity of making representations to them about the matters appearing to OFCOM to provide grounds for the giving of the direction.
(5)Where the Welsh Authority include a correction or a statement of findings in any of their public television services [F4or on-demand programme services] in pursuance of a direction under this paragraph, the Authority may announce that they are doing so in pursuance of such a direction.
(6)For the purposes of this paragraph a statement of findings, in relation to a case in which OFCOM are satisfied that the Welsh Authority have failed to perform a duty [F5mentioned in sub-paragraph (1)(a)] , is a statement of OFCOM’s findings in relation to that failure.
Textual Amendments
F1Sch. 12 para. 15(1)(a) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 45(b) (with Pt. 7)
F2Words in Sch. 12 para. 15(1)(b) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 4(2)(b)
F3Words in Sch. 12 para. 15(2) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 4(2)(b)
F4Words in Sch. 12 para. 15(5) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 4(2)(b)
F5Words in Sch. 12 para. 15(6) substituted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 14(3)
Modifications etc. (not altering text)
C1Sch. 12 para. 15(2) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 2(d) (with art. 5)
Commencement Information
I1Sch. 12 para. 15 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)