12U.K.It shall be the duty of the Welsh Authority in relation to their public television services to observe the standards set under section 319.
Commencement Information
I1Sch. 12 para. 12 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
13U.K.It shall be the duty of the Welsh Authority to comply with a direction given to them by OFCOM with respect to the establishment of procedures for the handling and resolution of complaints about the observance by the Authority of standards set under section 319.
Commencement Information
I2Sch. 12 para. 13 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
14(1)It shall be the duty of the Welsh Authority to comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2).U.K.
(2)Those matters are—
(a)the exclusion from any of the Authority’s public television services of a particular advertisement, or its exclusion in particular circumstances;
(b)the descriptions of advertisements and methods of advertising to be excluded from the services so provided (whether generally or in particular circumstances); F1...
(c)the methods of sponsorship to be excluded from those services (whether generally or in particular circumstances) [F2; and
(d)the forms and methods of product placement to be excluded from those services (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).]
Textual Amendments
F1Word in Sch. 12 para. 14(2)(b) omitted (16.4.2010) by virtue of The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 10(3)(a)
F2Sch. 12 para. 14(2)(d) and word inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 10(3)(b)
Modifications etc. (not altering text)
C1Sch. 12 para. 14(1) 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. 1(d) (with art. 5)
Commencement Information
I3Sch. 12 para. 14 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
15(1)This paragraph applies if OFCOM are satisfied—U.K.
[F3(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 [F4or 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 [F5or 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 [F6or 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 [F7mentioned in sub-paragraph (1)(a)] , is a statement of OFCOM’s findings in relation to that failure.
Textual Amendments
F3Sch. 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7Words 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)
C2Sch. 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
I4Sch. 12 para. 15 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)