Prospective
3(1)Paragraph 8 of Schedule 12 to that Act (programme quotas for original productions) is amended as follows.U.K.
(2)For sub-paragraph (1) substitute—
“(1)It shall be the duty of S4C to secure that, in each year—
(a)it makes available qualifying audiovisual content that includes a range of original productions,
(b)the duration (in total) of those original productions is at least the number of hours determined in accordance with sub-paragraph (1B), and
(c)if OFCOM so provide in a direction given to S4C, the additional peak viewing time objective described in sub-paragraph (1A) is met.
(1A)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.
(1B)A determination for the purposes of sub-paragraph (1)(b) or (1A) is to be—
(a)by agreement between S4C and OFCOM, or
(b)in default of agreement, by a direction given by OFCOM to S4C specifying the number of hours.
(1C)Before giving a direction under sub-paragraph (1)(c), OFCOM must consult S4C.”
(3)Omit sub-paragraphs (2) to (5).
(4)In sub-paragraph (6), omit the words from “, in relation to” to “the Welsh Authority,”.
(5)After sub-paragraph (7) insert—
“(7A)An order under sub-paragraph (6) may—
(a)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);
(b)require OFCOM to consult S4C before giving such a direction;
(c)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);
(d)require S4C to have regard to that guidance.”
(6)Omit sub-paragraph (10).
(7)In sub-paragraph (11), in the definition of “peak viewing time”—
(a)omit the words from “, in relation to” to “the Welsh Authority,”;
(b)for “one or more of those services” substitute “S4C Digital”.
(8)After sub-paragraph (12) insert—
“(13)See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).”
Commencement Information
I1Sch. 1 para. 3 not in force at Royal Assent, see s. 55(3)(a)