Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Enforcement against S4C

Directions to S4C to take remedial action
340
1
This section applies if the Secretary of State’s conclusions on a review under section 339 include a finding—
a
that S4C has failed in any respect to perform their duty to secure that the public service remit for a service mentioned in that section is fulfilled; and
b
that there is no reasonable excuse for the failure.
2
The Secretary of State may give S4C general or specific directions requiring them to take the steps that he considers will ensure that S4C perform their duty properly in future.
3
The Secretary of State is not to give a direction under this section unless a draft of the proposed direction has been laid before Parliament and approved by a resolution of each House.
4
Before laying a proposed direction before Parliament, the Secretary of State must consult S4C.
5
It shall be the duty of S4C to comply with every direction under this section.
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Word in s. 340(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(2); S.I. 2024/858, reg. 2(1)(x)
Word in s. 340(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(4); S.I. 2024/858, reg. 2(1)(x)
Word in s. 340(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(2); S.I. 2024/858, reg. 2(1)(x)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Word in s. 340(5) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(2); S.I. 2024/858, reg. 2(1)(x)
Word in s. 340(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(2); S.I. 2024/858, reg. 2(1)(x)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Word in s. 339 cross-heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 40; S.I. 2024/858, reg. 2(1)(x)
S. 340 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Word in s. 340 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 41(5); S.I. 2024/858, reg. 2(1)(x)
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)