SCHEDULE 12Corresponding obligations of the BBC and S4C
Part 2S4C
Programming quotas for independent productions
7
F1(1)
It shall be the duty of S4C to secure that, in each year—
(a)
it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and
(b)
the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.
(2)
In this paragraph—
F2(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
a reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and
(c)
a reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.
F3(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
The Secretary of State may also by order provide for F4S4C to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1).
(5)
That duty is a duty to secure that F5—
(a)
in each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and
(b)
the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.
(6)
The power to make an order under sub-paragraph (4) includes power to provide that F6S4C are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph.
(7)
The Secretary of State is not to make an order for F7S4C to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless—
(a)
OFCOM have made a recommendation to him that F8S4C should be subject to that duty, or should cease to be subject to it; and
(b)
the order gives effect to that recommendation.
(8)
F9S4C must comply with directions given to them by OFCOM for the purpose of—
(a)
carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); and
(b)
thereby increasing F10the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years.
F11(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)
Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and F12S4C.
(11)
No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
F13(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)
In this paragraph—
“acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast;
“programme” does not include an advertisement; F14...
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(14)
See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).