Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Enforcement against the Welsh Authority

Imposition of penalties on the Welsh Authority
341
1
This section applies to the following requirements so far as they are imposed on the Welsh Authority in relation to services provided by them—
a
the requirements imposed by or under paragraphs 7 and 8 of Schedule 12 (programme quotas);
b
the requirements imposed by paragraph 9(1) and (3) of that Schedule (news and current affairs);
c
the 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;
d
the 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;
e
the requirements imposed by paragraphs 14 and 16 of that Schedule (advertising or sponsorship) to comply with a direction under those paragraphs;
f
the requirement imposed by paragraph 17 of that Schedule (observance of the fairness code);
g
the requirement imposed by paragraph 19 of that Schedule (publicising complaints procedure);
h
the requirement imposed by paragraph 20 of that Schedule (monitoring of programmes);
i
the requirement imposed by paragraph 21 of that Schedule (international obligations) to comply with a direction under that paragraph;
j
the 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;
ja
the requirement imposed by paragraph 23A of that Schedule (complaints procedures for on-demand programme services) to comply with a direction under that paragraph;
jb
the requirements imposed by section 368CB, section 368D and section 368E(4) (on-demand programme services), except—
i
the requirements imposed by section 368D(1) and section 368E(4) so far as they relate to advertising, and
ii
the requirement imposed by section 368D(3)(za);
k
the requirement to comply with a direction under section 119(1) of the 1996 Act (directions in respect of fairness matters).
2
If
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.
3
The amount of the penalty must not exceed £250,000.
4
OFCOM
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.
5
An 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.
6
The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (3).
7
No 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.
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)
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 2003/3197 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)
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
S. 341 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
S. 341(1)(ja)(jb) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 5
S. 341(1)(jb) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 21 (with Pt. 7)
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