http://www.legislation.gov.uk/ukpga/2003/21/section/341/2012-01-31Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2012-01-31 Part 3Television and Radio Services <Abbreviation Expansion="Et cetera" xml:lang="la"><Addition ChangeId="key-32fe39e22e2cc2334acc2a3ea3ae815f-1489665164301" CommentaryRef="key-32fe39e22e2cc2334acc2a3ea3ae815f">ETC</Addition></Abbreviation> Chapter 4Regulatory provisions<Emphasis>Enforcement against the Welsh Authority</Emphasis>Imposition of penalties on the Welsh Authority3411This section applies to the following requirements so far as they are imposed on the Welsh Authority in relation to services provided by them—athe requirements imposed by or under paragraphs 7 and 8 of Schedule 12 (programme quotas);bthe requirements imposed by paragraph 9(1) and (3) of that Schedule (news and current affairs);cthe requirements imposed by paragraph 10 of that Schedule (code relating to programme commissioning) or by a direction under sub-paragraph (3)(d) of that paragraph;dthe requirement imposed by virtue of paragraph 12 of that Schedule to comply with standards set under section 319, so far as that requirement relates to standards set otherwise than for the purpose of securing the objectives set out in subsection (2)(c) or (d) of that section;ethe requirements imposed by paragraphs 14 and 16 of that Schedule (advertising or sponsorship) to comply with a direction under those paragraphs;fthe requirement imposed by paragraph 17 of that Schedule (observance of the fairness code);gthe requirement imposed by paragraph 19 of that Schedule (publicising complaints procedure);hthe requirement imposed by paragraph 20 of that Schedule (monitoring of programmes);ithe requirement imposed by paragraph 21 of that Schedule (international obligations) to comply with a direction under that paragraph;jthe requirement under paragraph 22 of that Schedule (assistance for disabled people) to comply with the code for the time being in force under section 303;jathe requirement imposed by paragraph 23A of that Schedule (complaints procedures for on-demand programme services) to comply with a direction under that paragraph;jbthe requirements imposed by section 368D and section 368Q(3) (on-demand programme services), except the requirement imposed by section 368D(1) so far as it relates to advertising and the requirement imposed by section 368D(3)(za) .kthe requirement to comply with a direction under section 119(1) of the 1996 Act (directions in respect of fairness matters).2If OFCOM are satisfied that there has been a contravention of a requirement to which this section applies, they may serve on the Welsh Authority a notice requiring the Authority, within the specified period, to pay OFCOM a specified penalty.3The amount of the penalty must not exceed £250,000.4OFCOM are not to serve a notice on the Welsh Authority under this section unless they have given them a reasonable opportunity of making representations to OFCOM about the matters appearing to OFCOM to provide grounds for the service of the notice.5An exercise by OFCOM of their powers under this section does not preclude any exercise by them of their powers under paragraph 15 of Schedule 12 in respect of the same contravention.6The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (3).7No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.S. 341 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)S. 341(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. 5 (with art. 5)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)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)S. 341(1)(ja)(jb) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 5Words in s. 341(1)(jb) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 14(7)Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)