S4C, and

OFCOM.

as soon as practicable after the coming into force of this paragraph, and subsequently at annual intervals, to prepare a statement of programme policy; and

to monitor their own performance in the carrying out of the proposals contained in statements made under this paragraph.

S4C’s public service remit is fulfilled; and

F7S4C’s duties under the provisions of this Schedule will be performed.

state whether relevant audiovisual services other than S4C Digital will be used, during the following year, to fulfil S4C’s public service remit, and

if so, set out S4C’s proposals as to the contributions that S4C Digital and other relevant audiovisual services will make.

any guidance by OFCOM that is in force for the purposes of section 266; and

any reports previously published by OFCOM under section 264 or 358.

was made by F10S4C before the coming into force of this paragraph, and

is specified in the direction,

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

the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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.

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

the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.

OFCOM have made a recommendation to him that F18S4C should be subject to that duty, or should cease to be subject to it; and

the order gives effect to that recommendation.

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

thereby increasing F20the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years.

it makes available qualifying audiovisual content that includes a range of original productions,

the duration (in total) of those original productions is at least the number of hours determined in accordance with sub-paragraph (1B), and

if OFCOM so provide in a direction given to S4C, the additional peak viewing time objective described in sub-paragraph (1A) is met.

by agreement between S4C and OFCOM, or

in default of agreement, by a direction given by OFCOM to S4C specifying the number of hours.

authorise OFCOM to give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting S4C’s duty under sub- paragraph (1);

require OFCOM to consult S4C before giving such a direction;

require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (a);

require S4C to have regard to that guidance.

by agreement between F34S4C and OFCOM; or

in default of agreement, by a direction given by OFCOM to F35S4C determining those times.

that the programmes included in each service include news programmes and current affairs programmes;

that the news programmes and current affairs programmes included in each service deal with both national and international matters; and

that the news programmes so included are broadcast for viewing at intervals throughout the period for which the service is provided.

the time allocated to the broadcasting of news programmes included in the service, and

the time allocated to the broadcasting of current affairs programmes so included,

to the broadcasting of news programmes included in the service, and

to the broadcasting of current affairs programmes so included,

by agreement between F41S4C and OFCOM; or

in default of agreement, by a direction given by OFCOM to F42S4C fixing the proportion or manner according to whatever OFCOM consider appropriate.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S4C Digital; and

any of F44S4C’s other public television services which is designated F45in writing by the Secretary of State for the purposes of this paragraph F46....

by agreement between F47S4C and OFCOM; or

in default of agreement, by a direction given by OFCOM to F48S4C determining that time.

when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions F51, or

at all times to comply with the code of practice which is for the time being in force under this paragraph;

to take all reasonable steps for securing that the code is complied with by S4C companies;

to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and

to comply with such directions as may be given to F55S4C by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b).

that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;

that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;

that there is sufficient transparency about the amounts to be paid in respect of each category of rights;

that satisfactory arrangements are made about the duration and exclusivity of those rights;

that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;

that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;

that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.

that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.

the times when the code is to be drawn up or reviewed with a view to revision;

the consultation to be undertaken before a code is drawn up or revised;

the publication of every code or revised code.

every code that is required to be drawn up under this paragraph; and

every revision made by F59S4C of such a code.

is to have effect for the purposes of this paragraph only if approved by OFCOM; and

if approved by OFCOM subject to modifications, is to have effect with those modifications.

must issue and may from time to time revise guidance for the purposes of this paragraph;

must ensure that there is always guidance for those purposes in force;

must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and F61S4C; and

must publish their guidance or revised guidance in such manner as they think appropriate.

the exclusion from any of F69S4C’s public television services of a particular advertisement, or its exclusion in particular circumstances;

the descriptions of advertisements and methods of advertising to be excluded from the services so provided (whether generally or in particular circumstances); F70...

the methods of sponsorship to be excluded from those services (whether generally or in particular circumstances) F71; and

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).

that the failure can be appropriately remedied by the inclusion in any or all of F75S4C’s public television services F76... of a correction or a statement of findings.

the maximum amount of time to be given to advertisements in any hour or other period;

the minimum interval which must elapse between any two periods given over to advertisements;

the number of such periods to be allowed in any programme or in any hour or day; and

the exclusion of advertisements from a specified part of F86... S4C Digital.

may be either general or specific;

may be qualified or unqualified; and

may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.

party political broadcasts, and

referendum campaign broadcasts,

party political broadcasts and referendum campaign broadcasts; and

the manner in which they propose to perform their duty under sub-paragraph (1).

the political parties on whose behalf party political broadcasts may be made;

in relation to each political party on whose behalf such broadcasts may be made, the length and frequency of the broadcasts; and

in relation to each designated organisation on whose behalf referendum campaign broadcasts are required to be broadcast, the length and frequency of such broadcasts.

any views expressed for the purposes of this paragraph by the Electoral Commission; and

any rules made by OFCOM under section 333.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S4C Digital; and

any of F93S4C’s other public television services which is designated F94in writing by the Secretary of State for the purposes of this paragraph F95....

OFCOM’s functions under Part 5 of the 1996 Act in relation to services provided by F97S4C; and

any procedures established by OFCOM or F98S4C for the handling and resolution of complaints about the observance by F98S4C of standards set under section 319 F99or about compliance by F98S4C with the requirements imposed by section 368D F100and section 368E(4), except the F101requirements mentioned in sub-paragraph (3).

the requirements imposed by sections 368D(1) and 368E(4) so far as they relate to advertising, and

the requirement imposed by section 368D(3)(za).

in respect of every programme included in any of their public television services, to retain a recording of the programme in the form, and for the period, specified by OFCOM;

to comply with any request to produce such recordings to OFCOM for examination or reproduction; and

to comply, to the extent that they are able to do so, with any request to produce to OFCOM a script or transcript of a programme included in any of their public television services.

between men and women; and

between persons of different racial groups.

the provision of one or more of their public services; or

the making of programmes to be included in one or more of those services.

shall take all such steps as they consider appropriate for making persons affected by any arrangements made in pursuance of sub-paragraphs (1) to (3) aware of the arrangements (including the publication of the arrangements in such manner as they think fit);

shall review the arrangements from time to time; and

shall, from time to time (and at least annually), publish, in such manner as they consider appropriate, their observations on the current operation and effectiveness of the arrangements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S4C Digital; and

any other relevant audiovisual service provided by S4C in fulfilling its public service remit.