Status Report as of 9 March 2017
Section 264 of the Communications Act 2003 (OFCOM reports on the fulfilment of the public service remit) is amended as follows.
For subsections (3) to (8) (OFCOM’s review and reporting obligations and the purposes of public service television broadcasting in the United Kingdom) substitute—
After subsection (10) insert—
For subsection (11) substitute—
For subsection (13) substitute—
Section 264A of the Communications Act 2003 (OFCOM reports: wider review and reporting obligations) is amended as follows.
In subsection (1), for “public service objectives” substitute “public service requirements”.
In subsection (2)(b) and (c), for “objectives” substitute “requirements”.
For subsections (3) and (4) substitute—
In subsection (5), in the definition of “media services”, after paragraph (b) (and before the “and” following it) insert—.
Section 265 of the Communications Act 2003 (licence conditions for a licensed public service channel to include fulfilling public service remits) is amended as follows.
For subsection (2) (public service remit for Channel 3 services and Channel 5) substitute—
For subsection (3) (public service remit for Channel 4) substitute—
After subsection (5) insert—
Section 266 of the Communications Act 2003 (statements of programme policy for Channel 3 services, Channel 4 and Channel 5) is amended as follows.
After subsection (2) insert—
In subsection (5), for “section 264(4) and (6)” substitute “section 264(4) to (6)”.
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Section 270 of the Communications Act 2003 (enforcement of public service remits) is amended as follows.
In subsection (1)—
in paragraph (a), after “failed” insert “, in any respect,”;
omit paragraph (b) and the “or” before it.
In subsection (3), after paragraph (c) insert—.
After subsection (4) insert—
In subsection (6)(b), omit the words from “or adequately” to “Kingdom”.
In subsection (7)(b), omit sub-paragraph (ii) and the “and” before it.
After subsection (7) insert—
In section 271 of the Communications Act 2003 (power to amend the public service remits), in subsection (1)—
for paragraph (b) substitute—;
omit paragraph (c).
Section 277 of the Communications Act 2003 (programming quotas for independent productions) is amended as follows.
For subsection (1) substitute—
In subsection (2), omit paragraph (a).
Omit subsection (3).
In subsection (5), for the words from “, in each year” to the end of the subsection substitute —
In subsection (8), in paragraph (b), for “the percentage” substitute “the number of hours or (as the case may be) the amount”.
Omit subsection (9).
Omit subsection (10).
After subsection (12) insert—
In subsection (13)—
after the definition of “acquisition” insert—;
omit the definition of “programming budget” and the word “and” before it.
After subsection (13) insert—
Section 278 of the Communications Act 2003 (programming quotas for original productions) is amended as follows.
For subsection (1) substitute—
Omit subsections (2) and (3).
After subsection (7) insert—
After subsection (11) insert—
After section 278 of the Communications Act 2003 insert—
After section 278A of the Communications Act 2003 (as inserted by section 10) insert—
After section 278B of the Communications Act 2003 (as inserted by section 11) insert—
Section 285 of the Communications Act 2003 (code relating to programme commissioning) is amended as follows.
In subsection (1), for the words from “he will apply” to the end of the subsection substitute that the provider will apply—
In subsection (3), after paragraph (g) insert—
After subsection (9) insert—
Section 286 of the Communications Act 2003 (regional programme-making for Channels 3 and 5) is amended in accordance with subsections (2) to (6).
In subsection (1)—
in the words before paragraph (a), after “securing” insert “in each year”;
for paragraph (a) substitute—;
in paragraph (b), for the words from “the Channel 3 programmes” to “the M25 area” substitute “those programmes”;
in paragraph (c), for “a suitable proportion” substitute “a suitable amount”.
In subsection (3)—
in the words before paragraph (a), after “securing” insert “in each year”;
for paragraph (a) substitute—;
in paragraph (b), for the words from “the programmes” to “the M25 area” substitute “those programmes”;
in paragraph (c), for “a suitable proportion” substitute “a suitable amount”;
in that paragraph, after “that Channel” insert “, or for viewing by means of any other qualifying audiovisual service provided by the provider of that Channel,”.
In subsection (6)—
for “A proportion” substitute “An amount of expenditure”;
for “a significant proportion of the programmes or expenditure” substitute “a significant amount of the expenditure”.
In subsection (7), in the definition of “Channel 3 programmes” after “on Channel 3” insert “, or for viewing by means of any other qualifying audiovisual service provided by a provider of a Channel 3 service,”.
After subsection (7) insert—
Section 288 of the Communications Act 2003 (regional programme-making for Channel 4) is amended in accordance with subsections (8) to (10).
In subsection (1)—
in the words before paragraph (a), after “securing” insert “in each year”;
for paragraph (a) substitute—;
in paragraph (b), for the words from “the programmes” to “the M25 area” substitute “those programmes”;
in paragraph (c), for “a suitable proportion” substitute “a suitable amount”;
in that paragraph, after “Channel 4” insert “, or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4,”.
In subsection (4)—
for “A proportion” substitute “An amount of expenditure”;
for “a significant proportion of the programmes or expenditure” substitute “a significant amount of the expenditure”.
After subsection (5) insert—
Section 290 of the Communications Act 2003 (proposals for arrangements) is amended in accordance with subsections (2) to (4).
In subsection (4)—
in paragraph (b), for “available for broadcasting in all regional Channel 3 services” substitute “, in relation to each holder of such a licence, available for inclusion in one or more qualifying audiovisual services provided by that holder or a person associated with that holder”;
in paragraph (c), for the words from “regional Channel 3 services” to the end of the paragraph substitute “holders of such licences and persons associated with any of those holders to provide qualifying audiovisual services that (taken as a whole) are able to compete effectively with other television programme services and on-demand programme services provided in the United Kingdom.”
After subsection (4) insert—
After subsection (5) (inserted by subsection (3)) insert—
In section 293 of that Act (review of approved networking arrangements etc), in subsection (3), for “one year” substitute “five years”.
Omit section 296 of the Communications Act 2003 (provision of schools programmes on Channel 4).
Schedule 1 contains amendments relating to—
quotas for independent productions in relation to the BBC and S4C, and
quotas for original productions in relation to S4C.
After section 338 of the Communications Act 2003 insert—
The Broadcasting Act 1990 is amended as set out in subsections (2) to (5).
In section 18 (failure to begin providing licensed Channel 3 service and financial penalties on revocation of Channel 3 licence), in subsection (3D), for “Section 19(2) to (6)” substitute “Section 18A”.
After section 18 insert—
In section 41 (power to impose financial penalty or shorten licence period of a Channel 3 service, Channel 4 and Channel 5), for subsection (1C) substitute—
This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).
Section 18A of the 1990 Act, with any necessary modifications, has effect in relation to C4C for the purposes of this paragraph as it has effect in relation to the holder of a Channel 3 licence for the purposes of Part 1 of the 1990 Act; and Part 1 of Schedule 7 to the 1990 Act has effect as if C4C’s qualifying revenue for an accounting period were being ascertained for the purposes of a provision of Part 1 of the 1990 Act.
Section 98 of the Broadcasting Act 1996 (categories of service) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3) (disregard of TV licence fee), after “subsection (2)(a)” insert “, (2A) or (2C)”.
At the end insert—
Section 99 of the Broadcasting Act 1996 (contract for exclusive right to televise listed event to be void) is amended as set out in subsections (2) and (3).
For subsection (1) substitute—
For subsection (3) substitute—
Section 100 of the Broadcasting Act 1996 (contract for televising listed event must specify category of service) is amended as set out in subsections (5) and (6).
For subsection (1) substitute—
In subsection (2)—
for “the television programme provider” substitute “the provider of the relevant service”;
in paragraph (a), for “television programme service” substitute “relevant service”;
in paragraph (b), for “television programme service” substitute “relevant service”.
For section 101 of the Broadcasting Act 1996 (restriction on televising of listed event) substitute—
Section 104ZA of the Broadcasting Act 1996 (regulations about coverage of listed events) is amended as follows.
In subsection (1)—
in paragraph (a)—
for “televising” substitute “coverage”;
after “live” insert “coverage”;
after paragraph (a) insert—;
in paragraph (b), after “coverage” insert “for the purposes of section 101(6)(c)”;
in paragraph (c), for “section 101(1C)(d)” substitute “section 101(6)(d)”.
In subsection (2), for ““live”” substitute ““live coverage””.
After subsection (2) insert—
Section 104A of the Broadcasting Act 1996 (provision of information) is amended as set out in subsections (2) to (4).
Renumber subsection (2) as subsection (12).
Before subsection (12) (as renumbered by subsection (2)) insert—
After subsection (12) (as renumbered by subsection (2)) insert—
After that section insert—
An amendment made by sections 20 to 23 or paragraphs 12 to 19 of Schedule 2 does not affect the validity of a contract entered into before sections 20 to 23 come into force or the exercise of rights acquired under such a contract.
On the date on which section 21 comes into force, the Secretary of State must revise the list maintained for the purposes of Part 4 of the Broadcasting Act 1996 in order to allocate each event which is a listed event on that date either to Group A or Group B.
Where— section 97(2) of the Broadcasting Act 1996 is not to apply in relation to that revision of the list.
the events listed in the list in force immediately before the Secretary of State revises it under subsection (2) are treated, for any of the purposes of the code in force under section 104 of the Broadcasting Act 1996 at that time, as divided into two categories, and
the Secretary of State’s revision under subsection (2) makes the same division,
OFCOM must draw up a code under section 104 of the Broadcasting Act 1996 as soon as practicable after paragraph 18 of Schedule 2 to this Act (amendments of section 104) comes into force.
The code drawn up by OFCOM in accordance with subsection (4) is not to have effect in relation to any time before section 22 of this Act comes into force.
Regulations under section 55(5) (transitional, transitory or saving provision in connection with commencement) may provide for the old section 104 code to continue to have effect in relation to cases specified in the regulations after the coming into force of the code drawn up by OFCOM in accordance with subsection (4).
In this section—
“the public service remit for television in the United Kingdom” has the meaning given by section 264 of the Communications Act 2003;
The Communications Act 2003 is amended as follows.
In section 3 (general duties of OFCOM), in subsection (4)(a), for “the purposes of public service television broadcasting in the United Kingdom” substitute “the public service remit for television in the United Kingdom (as defined in section 264)”.
In section 64 (must carry obligations), omit subsection (3)(f).
In section 198A (C4C’s functions in relation to media content), in subsection (3)(b), for “objectives” substitute “requirements”.
In section 216 (renewal of Channel 3 and 5 licences), in subsection (6), for “complying” substitute “that, either on its own or together with other arrangements, complied”.
Omit the italic heading before section 218.
In section 224 (meaning of initial expiry date), omit subsection (1)(c).
In the italic heading before section 225, omit “and teletext”.
In section 226 (application for review of financial terms in consequence of new obligations), in subsection (1)—
after paragraph (a) insert “or”;
omit paragraph (c) and the “or” before it.
In section 227 (reviews under sections 225 and 226), in subsection (7), omit paragraph (b) and the “and” before it.
Section 229 (report in anticipation of new licensing round) is amended as follows. In subsection (2), for “the purposes of public service television broadcasting in the United Kingdom” substitute “the public service remit for television in the United Kingdom”. In subsection (6), in the definition of “relevant licence”—
In section 233 (services that are not television licensable content services), in subsection (2), omit paragraph (b) (but not the “or” following it).
In section 241 (television multiplex services), omit subsection (9)(f).
In section 243 (powers where frequencies reserved for qualifying services), omit subsection (7)(e).
Section 263 (application of regulatory regimes) is amended as follows. In subsection (2)— In subsection (3)(a), for “4, for Channel 5 or for the public teletext service” substitute “4 or for Channel 5”.
In section 264 (OFCOM reports on the fulfilment of the public service remit)—
in subsection (9)(a), omit “or service”;
in subsection (12)—
in paragraph (b), at the end insert “and”;
omit paragraph (d) and the “and” before it.
In section 265 (public service remits of licensed providers)—
in subsection (1)—
omit “, and for the public teletext service,”;
omit (in both places it occurs) “or service”;
omit subsections (4) and (5).
Omit section 268 (statement of service policy by the public teletext provider).
Omit section 269 (changes of public teletext service policy).
Section 270 (enforcement of public service remits) is amended as follows. In subsection (1)— In subsection (3)(b)— In subsection (4)(a), omit “, or statement of service policy,”. In subsection (6)— In subsection (7)— In subsection (8)(a)— Omit subsection (10).
In section 271 (power to amend public service remits), in subsection (1)(a), omit “or for the public teletext service”.
In section 272 (must-offer obligations in relation to networks), omit subsection (1)(b) (but not the “and” following it).
In section 273 (must-offer obligations in relation to satellite services), omit subsection (1)(b) (but not the “and” following it).
In section 274 (securing reception of must-provide services in certain areas), omit subsection (1)(b) (but not the “and” following it).
In section 275 (must-provide services for the purposes of section 274), omit subsection (1)(f).
Omit section 276 (cooperation with the public teletext provider).
Omit section 284 (news provision on the public teletext service).
Omit section 289 (regional matters in the public teletext service).
Omit section 298 (conditions prohibiting interference with other services) and the italic heading before it.
Omit section 300 (effects of categorisation of listed events into Group A and Group B).
In section 301 (the code under section 104 of the Broadcasting Act 1996), omit subsection (2).
Omit section 308 (assistance for the visually impaired with the public teletext service).
In section 310 (code of practice for electronic programme guides), omit subsection (4)(f).
In section 322 (supplementary powers relating to advertising), in subsection (1)—
omit paragraph (b);
in paragraph (c), omit “other”.
In section 324 (setting and publication of standards), omit subsection (12)(a)(ii) (but not the “or” following it).
In section 335 (conditions securing compliance with international obligations), omit subsection (3)(d).
Section 351 (changes of control of Channel 3 services) is amended as follows. In subsection (4)— In subsection (5)— In subsection (6), in paragraph (c), for the words from “for the purposes of” to the end of the paragraph substitute “for the purposes of networking arrangements.”
Section 353 (changes of control of Channel 5) is amended as follows. In subsection (4)— In subsection (5)—
Section 362 (interpretation of Part 3) is amended as follows. In subsection (1), at the appropriate place insert—; ; ; . In subsection (1), omit the definitions of— In subsection (2), omit paragraph (b) (public teletext service).
In section 405 (general interpretation), in subsection (1)—
in the definition of “programme service”, omit paragraph (b) (the public teletext service);
omit the definition of “purposes of public service television broadcasting”;
at the appropriate place insert—.
In Schedule 9 (arrangements about carrying on of C4C’s activities), in paragraph 1 (notification of requirement to submit proposals), in sub-paragraph (1), after paragraph (aa) (and before the “and” following it) insert—.
Omit Schedule 10 (licensing the public teletext service).
In Schedule 12 (corresponding obligations of the BBC and Welsh Authority), omit paragraph 11 (co-operation with the public teletext provider) and the italic heading before it.
In Schedule 18 (transitional provisions), in paragraph 51 (listed events rules), omit sub-paragraphs (4) and (5).
“Channel 4” has the same meaning as in Part 1 of the Broadcasting Act 1990;
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities), in the entry for “The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990)”, for “The Welsh Authority (as defined” substitute “S4C (as named”.
In the Communications Act 2003, omit sections 218 to 223 (duty to secure the provision of a public teletext service etc).
Schedule 2 contains further amendments relating to this Part.
In the Communications Act 2003, after Part 3 insert—
Schedule 3 contains further amendments relating to prominence on television selection services.
The Broadcasting Act 1990 is amended as follows.
After section 23 insert—
The report must include a report on the discharge by the Corporation of their duty under section 23A (sustainability duty of Corporation).
The Communications Act 2003 is amended as follows.
After section 198A insert—
In section 198B (statement of media content policy)—
in the heading—
for “Statement” substitute “Statements”;
at the end insert “and commissioning policy”;
after subsection (1) insert—;
in subsection (2), after “policy” insert “or commissioning policy”;
after subsection (3) insert—;
in subsection (4), for “the statement” substitute “a statement of media content policy or commissioning policy”;
in subsection (5), after “policy” insert “or commissioning policy”.
In section 198C (OFCOM reports on C4C’s media content duties)—
in the heading, at the end insert “and commissioning duties”;
in subsection (1), in paragraph (a), for “section 198A” substitute “sections 198A and 198AA”.
In section 198D (directions in relation to C4C’s media content duties)—
in the heading, at the end insert “and commissioning duties”;
in subsection (1), in paragraph (a)—
after “198A” insert “, 198AA”;
for “198B(1), (3)” substitute “198B(1), (1A), (3), (3A)”;
in subsection (2)(a), after “policy” insert “or (as the case may be) commissioning policy”;
in subsection (3)(a), after “policy” insert “or (as the case may be) commissioning policy”.
In section 271A (remedying failure by C4C to perform media content duties)—
in subsection (1)(a), after “198A” insert “or 198AA”;
in subsection (2), after “198A” insert “or 198AA”.
In the Communications Act 2003, omit section 295 (which restricts C4C’s involvement in programme-making).
Subsections (3) and (4) apply if, after the coming into force of subsection (1), C4C or a body corporate controlled by C4C engage in the making of one or more programmes with a view to their being broadcast on Channel 4.
In carrying out a review under section 264 of the Communications Act 2003 in relation to the relevant report period, OFCOM must consider whether and to what extent the making of programmes by C4C or a body corporate controlled by C4C with a view to their being broadcast on Channel 4 has affected the fulfilment of the public service remit for television in the United Kingdom.
The report on that review must set out the findings of OFCOM on their consideration of the matter mentioned in subsection (3) and any conclusions that they have arrived at in relation to those findings.
For the purposes of this section—
the relevant report period is the first report period to end on or after the relevant day, and
the relevant day is the third anniversary of the first day on which, following the coming into force of subsection (1), C4C or a body corporate controlled by C4C engages in the making of a programme with a view to its being broadcast on Channel 4.
In this section—
“broadcast” has the same meaning as in the Communications Act 2003;
“C4C” means the Channel Four Television Corporation;
“Channel 4” has the same meaning as in Part 1 of the Broadcasting Act 1990;
“controlled” has the same meaning as in Part 1 of the Broadcasting Act 1990;
“controlled” has the same meaning as in Part 1 of the Broadcasting Act 1990;
“programme” means a television programme (within the meaning of the Communications Act 2003) other than an advertisement;
The Broadcasting Act 1996 is amended as follows.
In section 2 (meaning of “qualifying service”), in subsection (2)(e)—
for “the Welsh Authority” substitute “S4C”;
for “205” substitute “204B”.
Section 24 (digital additional services) is amended as follows. In subsection (1)(c), for “the Welsh Authority” substitute “S4C”. In subsection (3A), in the definition of “public television service of the Welsh Authority”— In subsection (3A), in paragraph (e) of the definition of “relevant public service broadcaster”, for “the Welsh Authority” substitute “S4C”.
Omit section 29(2) (application of the Broadcasting Act 1990 to S4C Digital).
In section 33(1)(a)(ii) and (3)(d) (review of digital television broadcasting), for “the Welsh Authority” substitute “S4C”.
In section 39 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—
omit ““S4C” and”; and
omit “each”.
In section 97 (listed events)—
in subsection (2) (before its substitution by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”;
in subsection (2) (as substituted by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”.
In sections 99(2) (televising listed events), 103(3) (report to Secretary of State) and 104(4)(b) (code of guidance), for “the Welsh Authority” substitute “S4C”.
In section 105 (interpretation of Part 4 and supplementary provisions), in subsection (1), omit the definition of “S4C”.
In section 107 (code relating to avoidance of unjust or unfair treatment or interference with privacy), in subsection (5)(b), for “the Welsh Authority”, in both places it occurs, substitute “S4C”.
In section 130(1) (interpretation of Part 5)—
in the definition of “broadcasting body”, for “the Welsh Authority” substitute “S4C”;
in the definition of “licensed service”, in paragraph (e), for “the Welsh Authority” substitute “S4C”.
The Communications Act 2003 is amended in accordance with subsections (2) and (3).
For sections 204 to 206 (S4C’s functions and main powers), substitute—
In section 207 (S4C: charging and borrowing etc), omit subsections (1) and (2).
In carrying out its functions S4C may carry on activities in any way whatever, including—
The Broadcasting Act 1990 is amended in accordance with subsections (2) to (4).
In section 56 (Welsh Authority to continue in existence as S4C), for subsection (2) substitute—
After section 56 insert—
After Schedule 6 insert—
Any person who is the chair, or one of the other members, of S4C immediately before this section comes into force—
becomes the chair, or one of the other non-executive members, of the S4C Board on the coming into force of this section, and
holds that office—
for the remainder of the term of the person’s appointment as chair or other member of S4C (subject to paragraph 3(4) of Schedule 6A to the Broadcasting Act 1990, as inserted by subsection (4) of this section), and
on and subject to the terms of that appointment.
Schedule 6 to the Broadcasting Act 1990 (S4C: supplementary provisions) is amended as follows.
S4C must send a copy of its statement of accounts to the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each such report and certified statement. As soon as possible after the Secretary of State lays copies of the report and statement of accounts before Parliament, S4C must arrange for the report and certified statement to be laid before Senedd Cymru. S4C must ensure that each S4C subsidiary undertaking appoints the Comptroller and Auditor General as auditor, unless the S4C subsidiary undertaking requests the Comptroller and Auditor General’s permission to appoint another person and the Comptroller and Auditor General permits the appointment of that person as auditor. The Comptroller and Auditor General may inspect the accounts of any S4C subsidiary undertaking (regardless of who is appointed as auditor).
S4C must ensure that an S4C subsidiary undertaking, if told to do so by the Secretary of State or any person authorised by the Secretary of State, grants the Secretary of State or authorised person access to— In this paragraph “S4C subsidiary undertaking” means an undertaking which, for the purposes of the Companies Act 2006, is a subsidiary undertaking of S4C (see section 1162 of that Act).
Omit paragraph 13(2) (accounts and audit report to be attached to annual report).
Section 58 of the Broadcasting Act 1990 (sources of programmes for S4C) is amended as follows.
For subsections (1) and (1A) substitute—
Omit subsections (2) to (4) (which relate to S4C’s switched-off analogue service).
In subsection (5)—
for “The Welsh Authority” substitute “S4C”;
for “on S4C” substitute “on S4C Digital”.
Schedule 4 contains minor and consequential amendments relating to this Chapter.
Part 4A of the Communications Act 2003 (on-demand programme services) is amended as follows.
After the heading of Part 4A insert—Chapter 1.
After section 368A insert—
In section 368B (the appropriate regulatory authority)—
after subsection (A1) insert—;
in subsection (1), after “subsections (A1)” insert “, (A2)”;
in subsection (5), in paragraph (a), after “on-demand programme services” insert “, or non-UK on-demand programme services that are Tier 1 services,”;
in subsection (9), in paragraph (d), after “on-demand programme services” insert “or non-UK on-demand programme services”.
After section 368B insert—Chapter 2.
After section 368H, insert (as Chapter 3 of Part 4A) the Chapter set out in Schedule 5 (regulation of Tier 1 services).
Schedule 6 contains further amendments of Part 4A in connection with Tier 1 services (within the meaning of that Part).
Schedule 7 contains amendments of other legislation in connection with Tier 1 services (within the meaning of Part 4A of the Communications Act 2003).
In Part 4A of the Communications Act 2003, after section 368OA insert—
In section 393 of that Act (general restrictions on disclosure of information), in subsection (6), after paragraph (aa) insert—.
The Communications Act 2003 is amended as follows.
Omit section 368Q (which makes provision about the application of Part 4A in relation to the Welsh Authority).
In section 341 (imposition of penalties on the Welsh Authority), omit subsection (1)(ja) and (jb).
In Schedule 12, in Part 2 (the Welsh Authority)—
in paragraph 15—
omit sub-paragraph (1)(a)(ii) to (vi) (but not the “and” following sub-paragraph (1)(a)(vi));
in sub-paragraph (1)(b), omit “or on-demand programme services”;
in sub-paragraph (2), omit “or on-demand programme services”;
in sub-paragraph (5), omit “or on-demand programme services”;
omit paragraph 23A.
Schedule 8 contains other minor amendments of Part 4A of the Communications Act 2003.
In consequence of amendments made by Schedule 8, omit section 93 of the Digital Economy Act 2017.
The Broadcasting Act 1990 is amended as follows.
In section 85 (licensing of independent radio)—
in subsection (1), omit “Subject to subsection (2),”;
omit subsections (2) and (5) to (7).
In section 97B (variation of licence periods related to digital switchover), after subsection (4) insert—
In section 98 (applications for national licences)—
in subsection (1)(b)—
at the end of sub-paragraph (ii), insert “and”;
omit sub-paragraphs (iii) and (iv);
omit subsection (3)(a);
in subsection (4), omit “(a),”;
in subsection (6)(b), for “(3)(a) and (aa)” substitute “(3)(aa)”.
In section 99 (procedure in connection with applications for national licences)—
omit subsection (1)(a);
in subsection (1)(b), for “that service” substitute “the proposed service”;
in subsection (2), for “(1)(a) and (b)” substitute “(1)”.
In section 100 (award of national licences to cash bidders)—
omit subsection (9)(b);
omit subsection (10)(a).
In section 103 (restrictions relating to changes of control)—
omit subsection (3);
for subsection (4) substitute—
In section 103A (renewal of national licences), in subsection (9)—
after paragraph (b) insert “and”;
omit paragraph (d) and the “and” before it.
In section 111 (power to revoke licences)—
omit subsection (4) (procedure where national service ceases to be provided);
in subsection (6), omit “, (4)”.
In section 117 (procedure in connection with applications), in subsection (4)(b), for the words from “with the substitution” to the end substitute “as if the matters specified in that subsection included the name of every other applicant in whose case it appeared to OFCOM that the requirement specified in subsection (1)(a) above was satisfied.”
The Broadcasting Act 1990 is amended as follows.
For section 104 (applications for other licences) substitute—
In section 104AA (further renewal of local licences)—
in subsection (3), for “subsections (4), (4A) and (5)” substitute “subsections (4) to (5)”;
after subsection (4) insert—
Omit sections 104B (special application procedure for local licences) and 105 (special requirements relating to grant of local licences).
The Broadcasting Act 1990 is amended in accordance with subsections (2) and (3).
In section 106 (requirements as to character and coverage of national and local services)—
in subsection (1), omit “or local”;
in subsection (1A), omit paragraphs (b) to (e);
omit subsection (1B);
omit subsection (7).
Omit section 106ZA (consultation about change of character of local services).
In the Communications Act 2003, omit sections 355 and 356 (variation of local licence following change of control).
The Communications Act 2003 is amended in accordance with this section.
Section 314 (local content and character of local sound broadcasting services) is amended in accordance with subsections (3) to (8).
For the heading substitute “Local news and information in local sound broadcasting services”.
For subsection (1) substitute—
For subsection (1A) substitute—
In subsection (2)—
in paragraph (a), for “the requirements of subsection (1)(a) and (b) should be satisfied” substitute “the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1)”;
in paragraph (b), for “in relation to local sound broadcasting services” substitute “under subsection (1)”.
In subsection (7)—
omit the definition of “approved area”;
in the definition of “local material”—
for ““local material”” substitute ““local news and information””;
for “means material” substitute “means news and information”;
for the definition of “locally-made” substitute—;
omit the definition of “material”.
Omit subsections (9) to (11).
After section 315 insert—
In section 402 (orders and regulations made by the Secretary of State), in subsection (2A), before paragraph (za) (and after paragraph (zza) inserted by section 46) insert—.
After section 359 of the Communications Act 2003 insert—
Section 245 of the Communications Act 2003 (regulation of independent radio services) is amended in accordance with subsections (2) and (3).
In subsection (1), after paragraph (b) insert—
After subsection (3) insert—
In section 402 of the Communications Act 2003 (power of Secretary of State to make orders and regulations), in subsection (2A) (affirmative resolution procedure), before paragraph (za) insert—.
The Broadcasting Act 1996 is amended as follows.
In section 46 (national radio multiplex licences)—
in subsection (3)(a), omit “and (f)”;
in subsection (4), omit paragraphs (c) to (f);
omit subsection (5);
in subsection (8)(a)—
at the end of sub-paragraph (i) insert “and”;
omit sub-paragraph (ii).
In section 47 (award of national radio multiplex licences)—
in subsection (2)—
in paragraph (b), for “timetables” substitute “timetable”;
also in paragraph (b), omit “and (d)”;
at the end of paragraph (c) insert “and”;
omit paragraphs (d) and (e);
omit subsection (3).
In section 50 (local radio multiplex licences)—
in subsection (4), omit paragraphs (c) to (e);
in subsection (7)(a)—
at the end of sub-paragraph (i) insert “and”;
omit sub-paragraph (ii).
In section 51(2) (award of local radio multiplex licences)—
in paragraph (b)—
for “timetables” substitute “timetable”;
omit “and (d)”;
omit paragraphs (d) and (e);
in paragraph (f), for “living in that area or locality,” substitute “providing or proposing to provide community or local digital sound programme services in the area or locality for which the proposed service is to be provided,”.
In section 54 (conditions of radio multiplex licences)—
in subsection (1)—
omit paragraph (b);
omit the “and” at the end of paragraph (g);
after paragraph (h) insert—;
in subsection (5)—
omit “or (b)”;
for “section 42(3)(b)” substitute “section 42(3)”;
omit subsections (6) to (6B).
In section 54A(6) (variation of radio multiplex licences), for the words from “doing so” to the end substitute “the coverage area of the licensed service would not (as a result of the variation) be unacceptably reduced.”
In section 58 (duration and renewal of radio multiplex licences)—
omit subsection (4)(a)(ii);
in subsection (11), omit “and supplementary proposals”.
In consequence of the amendment made by subsection (6)(c), omit section 315 of the Communications Act 2003.
After section 362AZ12 of the Communications Act 2003 (inserted by section 28) insert—
Schedule 9 contains further amendments relating to regulation of radio selection services.
The Communications Act 2003 is amended as follows.
After section 392 insert—
After Schedule 16 insert (as Schedule 16A) the Schedule set out in Schedule 10 (penalties imposed by OFCOM under Parts 3A and 3B).
After section 392A (inserted by subsection (2)) insert—
After Schedule 16A (as inserted by subsection (3)) insert (as Schedule 16B) the Schedule set out in Schedule 11 (Parts 3A and 3B: liability of parent entities etc).
The Crime and Courts Act 2013 is amended as follows.
Section 40 (awards of costs) is omitted.
In section 41 (meaning of “relevant publisher”), in subsection (1), for “40” substitute “39”.
Schedule 12 contains amendments of the Broadcasting Act 1990, the Broadcasting Act 1996 and the Communications Act 2003 to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.
The Secretary of State may by regulations make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
before this Act, or
in the same session of Parliament as this Act.
Regulations under this section may—
make different provision for different purposes;
make transitional, transitory or saving provision.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal any provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
There is to be paid out of money provided by Parliament any increase attributable to the Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).
An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
The power under— may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 (with or without modifications).
section 204(6) of the Broadcasting Act 1990,
section 150(4) of the Broadcasting Act 1996, or
section 411(6) of the Communications Act 2003,
His Majesty may by Order in Council provide for any of the other provisions of this Act to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.
The following come into force on the day on which this Act is passed—
Part 2, so far as it confers powers to make regulations;
sections 52 to 54, this section and section 56.
Section 50 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The following come into force on such day as the Secretary of State may by regulations appoint—
Part 1;
the remaining provisions of Part 2;
Part 3;
Part 4;
Part 5;
Part 6;
section 49 and Schedules 10 and 11;
section 51 and Schedule 12.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (5) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Media Act 2024.
Section 17
Paragraph 1 of Schedule 12 to the Communications Act 2003 (the BBC: quotas for independent productions) is amended as follows. It shall be the duty of the BBC to secure that, in each year— In sub-paragraph (2), omit paragraph (a). Omit sub-paragraph (3). In sub-paragraph (5), for the words from “, in each year” to the end of the sub-paragraph substitute — Omit sub-paragraphs (8) and (9). In sub-paragraph (10), in paragraph (b), for “the percentage” substitute “the number of hours or (as the case may be) the amount”. Omit sub-paragraph (11). In sub-paragraph (14), omit the definition of “programming budget” and the word “and” before it. See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).
Paragraph 7 of Schedule 12 to the Communications Act 2003 (S4C: quotas for independent productions) is amended as follows. It shall be the duty of S4C to secure that, in each year— In sub-paragraph (2), omit paragraph (a). Omit sub-paragraph (3). In sub-paragraph (5), for the words from “, in each year” to the end of the sub-paragraph substitute — In sub-paragraph (8), in paragraph (b), for “the percentage” substitute “the number of hours or (as the case may be) the amount”. Omit sub-paragraph (9). Omit sub-paragraph (12). In sub-paragraph (13), omit the definition of “programming budget” and the word “and” before it. See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).
Paragraph 8 of Schedule 12 to that Act (programme quotas for original productions) is amended as follows. It shall be the duty of S4C to secure that, in each year— The additional peak viewing time objective is that (out of the number of hours determined for the purposes of sub-paragraph (1)(b)) at least the number of hours determined in accordance with sub-paragraph (1B) is allocated to the broadcasting of original productions included in S4C Digital at peak viewing times. A determination for the purposes of sub-paragraph (1)(b) or (1A) is to be— Before giving a direction under sub-paragraph (1)(c), OFCOM must consult S4C. Omit sub-paragraphs (2) to (5). In sub-paragraph (6), omit the words from “, in relation to” to “the Welsh Authority,”. An order under sub-paragraph (6) may— Omit sub-paragraph (10). In sub-paragraph (11), in the definition of “peak viewing time”— See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).
In paragraph 10 of Schedule 12 to that Act (code relating to programme commissioning)—
in sub-paragraph (1), after “to be applied” insert —;
at the end of that sub-paragraph insert , or;
in sub-paragraph (4), after paragraph (g) insert—;
See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).
Section 27
The Broadcasting Act 1990 is amended as follows.
In section 24 (Channel 4 to be provided by Corporation as licensed service), in subsection (3), for “England, Scotland and Northern Ireland” substitute “the United Kingdom”.
In section 49 (licensing of additional services), omit subsection (1A).
In section 66 (requirements relating to transmission and distribution of services), in subsection (6)(b), for “England, Scotland and Northern Ireland” substitute “the United Kingdom”.
In Schedule 2 (restrictions on the holding of licences), in Part 2 (disqualification for holding licences), in paragraph 2 (disqualification of religious bodies)—
omit sub-paragraph (1A)(d);
in sub-paragraph (1B), omit the definition of “public teletext licence”.
“OFCOM” means the Office of Communications;
The Broadcasting Act 1996 is amended as follows.
In section 2 (meaning of “qualifying service”), in subsection (2), omit paragraph (f) (meaning of “the digital public teletext provider”).
In section 12 (conditions attached to multiplex licence), omit subsection (4)(a).
Section 24 (digital additional service) is amended as follows. In subsection (1)(c), omit “the digital public teletext service,”. In subsection (3A), in the definition of “relevant public service broadcaster”, omit paragraph (f).
In section 33 (review of digital television broadcasting), in subsection (1)(a)(ii), omit “the digital public teletext service,”.
In section 39 (interpretation of Part 1), in subsection (1), omit the definitions of—
“digital public teletext service”;
“public teletext provider”.
Section 97 (listed events) is amended as follows. In subsection (2)(d) (as substituted by section 299(1) of the Communications Act 2003), for “televise” substitute “show”. In subsection (3)—
Section 98 (categories of service) is amended as follows. Omit subsection (4). In subsection (5), for the words from “television” to the end substitute “relevant services which appear to them to fall within subsection (1A) or (2A).” Omit subsections (5A) to (5D).
Section 99 (contract for exclusive right to televise listed event to be void) is amended as follows. In the heading, for “right to televise” substitute “coverage of”. Omit subsection (2). Omit subsection (4).
In section 100 (contract for televising listed event must specify category of service), in the heading, for “televising” substitute “showing coverage of”.
Section 102 (power of OFCOM to impose penalty) is amended as follows. Before subsection (1) insert— In subsection (1)(a), omit “subsection (1) of section 101 or”. in subsection (2), for “under subsection (1) of section 101 or” substitute “for the purposes of”. In subsection (3), after “subsection” insert “(A1), (B1),”. In subsection (4)(a), after “means” insert —. In subsection (6), after “subsection” insert “(A1), (B1),”. In subsection (7), after “subsection” insert “(A1), (B1),”.
In section 103 (report to Secretary of State about BBC or S4C), in subsection (2), for “under subsection (1) of section 101” substitute “for the purposes of section 101(5)”.
Section 104 (code of guidance) is amended as follows. In subsection (1)— In subsection (4)—
In section 105 (interpretation of Part 4), subsection (1) is amended as follows. For the definition of “adequate alternative coverage” and “live”, substitute—. In the definition of “Channel 4”, for “has” substitute “and “Channel 5” have”. In the definition of “television programme provider”, for “has the meaning given by section 99(2)” substitute “means the BBC, S4C or any person who is the holder of any licence under Part 1 of the 1990 Act or a digital programme licence under Part 1 of this Act”. Omit the definitions of “national Channel 3 service”, “regional Channel 3 service” and “television broadcasting service”. At the appropriate place insert—; ; ; ; ; . After subsection (1) insert—
In section 130 (interpretation of Part 5), in subsection (1), in the definition of “licensed service”, omit paragraph (aa).
In section 12 of the Tobacco Advertising and Promotion Act 2002 (television and radio broadcasting), in subsection (3), omit paragraph (b) and the “and” before it.
In the Digital Economy Act 2010, omit sections 27 and 28 (public teletext service).
Section 28(2)
The Communications Act 2003 is amended as follows.
In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “137A” insert “, 362AG(7), 362AW”.
In section 394 (service of notifications and other documents), in subsection (2), in paragraph (a), after “this Act” insert “, other than Part 3A so far as relating to notifications by OFCOM”.
In section 400 (destination of fees and penalties), in subsection (1), after paragraph (h) insert—.
Section 36
“the old section 104 code” means the code drawn up under section 104 of the Broadcasting Act 1996 which is continued in effect by paragraph 51(2) of Schedule 18 to the Communications Act 2003.
The Broadcasting Act 1990 is amended as follows.
The Communications Act 2003 is amended as follows.
In section 37 (announcements of programme schedules), in subsection (2)(a), after “on S4C” insert “Digital”.
In section 12(9)(b) (OFCOM’s Content Board), for “and employees of the Welsh Authority” substitute “of the S4C Board and employees of S4C”.
Section 56 (Welsh Authority to continue as Sianel Pedwar Cymru) is amended as follows. In subsection (1), omit the words after paragraph (b). In subsection (3), for “the Welsh Authority” substitute “S4C”.
In the Chapter heading of Chapter 1 of Part 3, for “the Welsh Authority” substitute “, S4C”.
Section 60 (advertising on S4C) is amended as follows. In subsections (4) and (5), for “The Welsh Authority” substitute “S4C”. In subsection (4)(a), after “on S4C” insert “Digital”. In subsection (4)(a) and (aa), after “of S4C” insert “Digital”.
In section 203 (function of OFCOM), and in its heading, for “the Welsh Authority” substitute “S4C”. In the italic heading before section 203, for “The Welsh Authority” substitute “S4C (Sianel Pedwar Cymru)”.
Section 61 (funding of Welsh Authority) is amended as follows. In subsection (1)— In subsection (3)— In the heading, for “Welsh Authority” substitute “S4C”.
Section 207 (finances) is amended as follows. In subsection (3), for “the Welsh Authority” substitute “S4C”. In subsections (4) and (6), for “The Welsh Authority” substitute “S4C”. In subsection (6), for “the Authority”, in both places it occurs, substitute “S4C”. Omit subsections (8) and (9). In the heading, for “Welsh Authority” substitute “S4C”.
Section 61A (Welsh Authority public service fund) is amended as follows. In subsection (2)— In subsection (4)— After subsection (4) insert— In the heading, for “Welsh Authority” substitute “S4C”.
In sections 211(1)(a) (regulation of independent television services) and 243(7)(d) (reserved frequencies), for “the Welsh Authority” substitute “S4C”.
Section 63 (government control over S4C) is amended as follows. In subsections (1), (2), (3) and (4), for “the Welsh Authority” substitute “S4C”. In subsections (1), (3) and (4), for “the Authority” substitute “S4C”.
In section 264 (OFCOM reports on the fulfilment of public service remits), for subsection (12)(b) substitute—.
Section 64 (audience research by Welsh Authority) is amended as follows. In subsection (1)— In subsection (2)(a), for “the Welsh Authority” substitute “S4C”. In subsection (2)(b), for “the Authority” substitute “S4C”. In the heading, for “Welsh Authority” substitute “S4C”.
In sections 277(11) (programming quotas for independent productions), 278(8) (programming quotas for regional productions) and 285(6)(c) (code relating to programme commissioning), for “the Welsh Authority” substitute “S4C”.
In section 66 (requirements relating to transmission and distribution of services), in subsection (7)—
for “the Welsh Authority” substitute “S4C”;
after “S4C” insert “Digital”;
for “Wales” substitute “the United Kingdom”.
In sections 303(12)(a) (code relating to provision for people with disabilities), 305(2)(a) (relevant dates) and 324(3)(a) and (10)(c) (setting and publication of standards), for “the Welsh Authority” substitute “S4C”.
In section 71 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—
omit ““S4C” and”;
omit “each”.
In section 338 (corresponding rules), and in its heading, for “the Welsh Authority” substitute “S4C”. In the italic heading before section 338, for “the Welsh Authority” substitute “S4C”.
In section 176 (duty to provide advance information about programmes), in the table in subsection (7), in the entry relating to the public television services of the Welsh Authority—
in the first column, for “the Welsh Authority” substitute “S4C”;
in the second column, for “The Authority” substitute “S4C”.
Section 339 (review of fulfilment of public service remits) is amended as follows. In subsection (1), for the words after “performance” substitute “by S4C of its duty to fulfil its public service remit.” In subsections (4) and (5), for “the Welsh Authority” substitute “S4C”. In the heading—
In section 177 (orders proscribing unacceptable foreign satellite services), in subsection (6), in the definition of “foreign satellite service”, for “the Welsh Authority” substitute “S4C”.
In the italic heading before section 339, for “the Welsh Authority” substitute “S4C”.
In section 188 (power to give broadcasting bodies etc directions relating to international obligations), in subsection (2)(c), for “the Welsh Authority” substitute “S4C”.
Section 340 (directions to S4C to take remedial action) is amended as follows. In subsections (1), (2), (4) and (5), for “the Welsh Authority” substitute “S4C”. In subsection (1)(a), for the words from “their” to the end of paragraph (a) (but not the “and” at the end) substitute “its duty to fulfil its public service remit”. In subsection (2), for “the Authority” substitute “S4C”. In the heading, for “Welsh Authority” substitute “S4C”.
In section 202 (general interpretation), in subsection (1)—
in the definition of “an S4C company”, for “the Welsh Authority”, in both places it occurs, substitute “S4C”;
before that definition insert—.
Section 341 (imposition of penalties) is amended as follows. In subsections (1), (2) and (4), and in the heading, for “the Welsh Authority” substitute “S4C”. In subsection (2), for “the Authority” substitute “S4C”.
In Part 2 of Schedule 2 (disqualification for holding licences), in paragraphs 3(1)(a) (disqualification of publicly-funded bodies for radio service licences) and 5(b) (disqualification of broadcasting bodies), for “the Welsh Authority” substitute “S4C”.
Section 343 (provision of information) is amended as follows. In subsections (1) and (2), for “the Welsh Authority” substitute “S4C”. In the heading, for “Welsh Authority” substitute “S4C”.
Schedule 6 (the Welsh Authority: supplementary provisions) is amended as follows. In the Schedule heading, for “The Welsh Authority” substitute “S4C”. In paragraph 1(1) (S4C not exercising functions on behalf of the Crown), for “The Welsh Authority (in this Schedule referred to as “the Authority”)” substitute “S4C”. In paragraph 1(2) (S4C’s power to do anything which is incidental or conducive to the carrying out of its functions), for “The Authority” substitute “S4C”. Omit paragraphs 2 to 8 (membership). In paragraphs 9(1) and (2) (employees), 10 (seal), 11 (documents), 12(1), (1A) and (4) (accounts and audit), 13 (annual reports) and 14 (advisory committees), and in the italic heading before paragraph 9— substitute “S4C”. If a person— the person’s service as a non-executive member of the S4C Board may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee of S4C. In the italic heading before paragraph 10, for “Authority’s” substitute “S4C’s”. In the italic heading before paragraph 11, for “Authority” substitute “S4C”. In paragraphs 13(3)(b) and 14, for “the Authority’s” substitute “S4C’s”.
In section 347(7) (statement of charging principles), for “the Welsh Authority” substitute “S4C”.
Section 362 (interpretation of Part 3) is amended as follows. In subsection (1)— In subsection (3)— for “the Welsh Authority” substitute “S4C”.
In section 368R(6) (interpretation of Part 4A), for “the Welsh Authority”, in both places it occurs, substitute “S4C”.
In section 393(3)(g) (restrictions on disclosure of information), for “the Welsh Authority” substitute “S4C”.
In section 405(1) (interpretation of Act), after the definition of “representation” insert—.
In the heading of Schedule 12 (corresponding obligations of the BBC and S4C), for “Welsh Authority” substitute “S4C”. Part 2 of that Schedule (obligations of S4C) is amended in accordance with paragraphs 50 to 71.
In the heading of that Part, for “The Welsh Authority” substitute “S4C”.
Paragraph 3 (public service remits) is amended as follows. Omit sub-paragraphs (1) to (4). In sub-paragraph (5), for “modify sub-paragraphs (2) and (3)” substitute “amend section 204A for the purpose of modifying S4C’s public service remit”. Before making an order under sub-paragraph (5), the Secretary of State must consult— An order under sub-paragraph (5) must not contain provision inconsistent with a requirement that a substantial proportion of audiovisual content made available by S4C is in Welsh. In sub-paragraph (7) “audiovisual content” has the same meaning as in section 264. Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of sub-paragraph (7) as it applies for the purposes of that section. For the italic heading before paragraph 3 substitute “Modification of S4C’s public service remit”.
Paragraph 4 (statements of programme policy) is amended as follows. In sub-paragraphs (1) and (3) to (7), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (2)— Every such statement must—
Paragraph 5 (duties regarding arrangements with networks) is amended as follows. For “the Welsh Authority”, in each place it occurs, substitute “S4C”. In sub-paragraphs (3)(b) and (4), for “the Authority’s” substitute “S4C’s”. In sub-paragraph (7)(a), for “the Welsh Authority’s” substitute “S4C’s”.
In paragraph 6 (supply of services by satellite in certain areas), for “the Welsh Authority” substitute “S4C”.
Paragraph 7 (programming quotas for independent productions) is amended as follows. In sub-paragraphs (4), (6), (7), (8) and (10), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (7)(a), for “the Authority” substitute “S4C”.
Paragraph 8 (programme quotas for original productions) is amended as follows. In sub-paragraphs (8) and (12)(a), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (12)(b), for “the Authority” substitute “S4C”.
Paragraph 9 (news and current affairs programmes) is amended as follows. In sub-paragraphs (1), (2), (3), (4), (5)(a) and (9)(a), for “the Welsh Authority” substitute “S4C”. In sub-paragraphs (5)(b) and (9)(b), for “the Authority” substitute “S4C”. In sub-paragraph (7)—
Paragraph 10 (code relating to programme commissioning) is amended as follows. In sub-paragraphs (1), (2), (3), (7), (8)(c) and (10), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (2), after “of a” insert “television”. In sub-paragraph (3)(d), for “the Authority” substitute “S4C”. In sub-paragraphs (5) and (6), for “The Welsh Authority” substitute “S4C”. In sub-paragraph (6)(b), for “that Authority” substitute “S4C”. Omit sub-paragraph (10).
In paragraphs 12 (duty to observe programme standards), 13 (duty to comply with direction about complaints procedure) and 14(1) (duty to comply with directions about advertising), for “the Welsh Authority” substitute “S4C”.
In paragraph 13, for “the Authority” substitute “S4C”.
In paragraph 14(2)(a), for “the Authority’s” substitute “S4C’s”.
Paragraph 15 (OFCOM action if S4C fails to perform duties) is amended as follows. In sub-paragraphs (1)(a), (2), (4), (5) and (6), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (1)(b), for “the Authority’s” substitute “S4C’s”. In sub-paragraph (5), for “the Authority” substitute “S4C”.
Paragraph 16 (directions with respect to advertising) is amended as follows. In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (2)(d), omit “S4C or”.
In paragraph 17 (fairness standards), for “the Welsh Authority” substitute “S4C”.
Paragraph 18 (party political broadcasts) is amended as follows. In sub-paragraphs (1) and (5), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (2), for “The Welsh Authority” substitute “S4C”. In sub-paragraph (3), for “The Welsh Authority’s” substitute “S4C’s”. In sub-paragraph (6)—
Paragraph 19 (publicising complaints procedures) is amended as follows. In sub-paragraphs (1) and (2)(a), for “the Welsh Authority” substitute “S4C”. In sub-paragraph (2)(b), for “the Authority”, in each place it occurs, substitute “S4C”.
In paragraph 20(1) (monitoring of programmes), for “the Welsh Authority” substitute “S4C”.
Paragraph 21 (compliance with international obligations) is amended as follows. In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”. In sub-paragraphs (2) and (3), for “the Authority” substitute “S4C”.
Paragraph 22 (services for people with disabilities) is amended as follows. For “the Welsh Authority” substitute “S4C”. For “the Welsh Authority’s” substitute “S4C’s”.
Paragraph 23 (equality of opportunity) is amended as follows. In sub-paragraphs (1), (2) and (5), for “the Welsh Authority” substitute “S4C”. In sub-paragraphs (1) and (2), for “the Authority” substitute “S4C”. In sub-paragraphs (3) and (4), for “The Welsh Authority” substitute “S4C”.
Paragraph 24 (public services) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)— In the italic heading before paragraph 24, for “Welsh Authority’s” substitute “S4C’s”.
In Schedule 18 (transitional provisions), omit paragraph 27 and sub- paragraph (3) of paragraph 43.
In section 12(6) of the Tobacco Advertising and Promotion Act 2002 (television and radio broadcasting), for “the Welsh Authority referred to in” substitute “the body corporate so named by”.
Section 37(6) Insert the following Chapter as Chapter 3 of Part 4A of the Communications Act 2003—
Section 37(7)
Part 4A of the Communications Act 2003 is amended as follows.
Before section 368I insert—Chapter 4.
Section 368I (enforcement of sections 368CB and 368D) is amended as follows. For the heading substitute “Enforcement of service providers’ principal duties”. In subsection (1), in the words before paragraph (a), after “section 368D” insert “, or that a provider of a non-UK on-demand programme service that is a Tier 1 service is contravening or has contravened section 368D,”. After subsection (1) insert— In subsection (2)— In subsection (3)— In subsection (10)—
In section 368IA (enforcement of section 368E(4)), in subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”.
Section 368K (suspension or restriction of service for contraventions or failures) is amended as follows. In subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. After subsection (1) insert— In subsection (2)— In subsection (3)—
Section 368L (suspension or restriction of service for inciting crime or disorder) is amended as follows. In subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. In subsection (3), in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. In subsection (5), in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
Section 368M (supplementary provisions about directions) is amended as follows. In subsection (2), after “any on-demand programme service” insert “, or to any non-UK on-demand programme service that is a Tier 1 service,”. After subsection (2) insert—
In section 368N (enforcement of directions under section 368K or 368L), in subsection (1), in the words before paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
Before section 368NA insert—Chapter 5.
Section 368NA (fees) is amended as follows. In subsection (2), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. After subsection (8) insert—
For section 368O (power to demand information) substitute— In consequence of the amendment made by sub-paragraph (1), in section 368D, in subsection (3)(b), for “section 368O(2) or (3)” substitute “section 368O(2) or (6)”.
Section 368R (interpretation of Part 4A) is amended as follows. In subsection (1), in the definition of “children’s programme”, in paragraph (a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. In subsection (2), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. In subsection (3), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”. In subsection (5), after “an on-demand programme service” insert “or a non-UK on-demand programme service”.
Section 37(8)
In section 93 of the Representation of the People Act 1983 (broadcasting of local items during election period), in subsection (6), in the definition of “relevant services”, in paragraph (b), at the end insert “or services that are Tier 1 services within the meaning given by section 368HA of the Communications Act 2003”.
The Broadcasting Act 1996 is amended as follows. In section 107 (preparation by OFCOM of code relating to avoidance of unjust or unfair treatment etc)— In section 110 (general functions of OFCOM in relation to complaints), in subsection (3), for “the code” substitute “the codes”. In section 111 (complaints of unfair treatment etc)— In section 115 (consideration of fairness complaints), in subsection (9)— In section 119 (publication of OFCOM’s findings)— In section 120 (reports on action taken voluntarily in response to findings on complaints)— In section 130 (interpretation of Part 5), in subsection (1), insert at the appropriate place—.
The Communications Act 2003 is amended as follows. In section 361 (meaning of “available for reception by members of the public”), in subsection (2), at the end insert “or a non-UK on-demand programme service that is a Tier 1 service (see section 368HA)”. In section 368Z14 (prohibition of paid-for advertising of less healthy food and drink), in subsection (3)(b)— In section 405 (general interpretation), in subsection (1), insert at the appropriate places—; . In Schedule 11A (restrictions on product placement), in paragraph 3(2)(a), after “an on-demand programme service” insert “or a non-UK on-demand programme service that is a Tier 1 service”.
Section 9A of the Wireless Telegraphy Act 2006 (notice to satellite uplinkers) is amended as follows. In subsection (3), in the words before paragraph (a), after “an on-demand programme service” insert “, or a non-UK on-demand programme service that is a Tier 1 service,”. In subsection (6)—
The Online Safety Act 2023 is amended as follows. In section 80 (scope of duties about regulated provider pornographic content)— In Schedule 9 (certain internet services not subject to duties relating to regulated provider pornographic content)—
Section 40
Part 4A of the Communications Act 2003 is amended as follows.
In section 368BZA (list of providers), in subsection (1), for “providing an on-demand programme service” substitute who have—.
In section 368BB (enforcement of section 368BA), after subsection (6) insert—
Omit the cross-heading preceding section 368BC.
Omit sections 368BC and 368BD (accessibility for people with disabilities). In consequence of the amendment made by sub-paragraph (1), in section 402 (power of Secretary of State to make orders and regulations), in subsection (2)(a), omit “or regulations under section 368BC”.
Omit section 368CA (code on accessibility for people with disabilities).
In section 368D (duties of service providers), in subsection (3)(zb), for “forty- two days” substitute “60 days”.
In section 368I (enforcement of sections 368CB and 368D), after subsection (8) insert—
In section 368IA (enforcement of section 368E(4)), after subsection (8) insert—
In section 368J (financial penalties), in subsection (1), omit “, 368BD”.
In section 368K (suspension or restriction of service for contraventions or failures), in subsection (1)—
in paragraph (a), omit “, or of regulations under section 368BC”;
in paragraph (b), omit “, 368BD”.
Before section 368R insert— In consequence of the amendment made by sub-paragraph (1), in section 394 (service of notifications and other documents), in subsection (2)(a) (as amended by paragraph 3 of Schedule 3 and paragraph 3 of Schedule 9), after “Part 3B” insert “or Part 4A”.
Section 48(2)
The Communications Act 2003 is amended as follows.
In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “362AW” (inserted by paragraph 2 of Schedule 3) insert “, 362BC(6)”.
In section 394 (service of notifications and other documents), in subsection (2)(a), after “Part 3A” (inserted by paragraph 3 of Schedule 3) insert “, Part 3B”.
In section 400 (destination of fees and penalties), in subsection (1), in paragraph (ha) (inserted by paragraph 4 of Schedule 3), after “3A” insert “or 3B”.
Section 49(3) After Schedule 16 to the Communications Act 2003 insert—
Section 49(5) After Schedule 16A to the Communications Act 2003 (as inserted by Schedule 10) insert—
Section 51
In section 202 of the Broadcasting Act 1990 (general interpretation), in subsection (1), omit the definition of “the Audiovisual Media Services Directive”.
In section 105 of the Broadcasting Act 1996 (interpretation of Part 4), in subsection (1), in the definition of “the Audiovisual Media Services Directive”, at the end insert “as it has effect in EU law from time to time”.
The Communications Act 2003 is amended as follows.
Section 335B (maintenance of list of providers) is amended as follows. In subsection (1), for the words after paragraph (b) substitute “which are subject to regulation by OFCOM as a result of one of the provisions listed in subsection (1A)”. After subsection (1) insert— Omit subsection (2). For subsection (3) substitute— In subsection (4)—
Section 368BZA (maintenance of list of providers) is amended as follows. Omit subsection (2). For subsection (3) substitute—
In section 368BA (advance notification to appropriate regulatory authority), in subsection (4), for the words from “the determination” to the end substitute “whether or not paragraphs (e) and (f) of section 368A(1) are satisfied.”
In section 368CB (quota for European works)—
in subsection (7), in the definition of “European works”, after “Services Directive” insert “as it has effect in EU law as amended from time to time”;
in subsection (8), at the end insert “as amended from time to time”.
In section 368D (duties of service providers), in subsection (2)(ca), for the words from “under the jurisdiction” to the end substitute “subject to regulation by the appropriate regulatory authority as a result of section 368A(1)(e) and (f);”.
Section 368E (harmful material) is amended as follows. Before subsection (3)(za) insert—. In subsection (3)(za)—
For section 368OA (co-operation with member States and the European Commission) substitute—