Media Act 2024

Section 36

Schedule 4 Chapter 2 of Part 3: minor and consequential amendments

Broadcasting Act 1990

1 The Broadcasting Act 1990 is amended as follows.

2 In section 37 (announcements of programme schedules), in subsection (2)(a), after “on S4C” insert “Digital”.

3 (1) Section 56 (Welsh Authority to continue as Sianel Pedwar Cymru) is amended as follows.

(2) In subsection (1), omit the words after paragraph (b).

(3) In subsection (3), for “the Welsh Authority” substitute “S4C”.

4 (1) Section 60 (advertising on S4C) is amended as follows.

(2) In subsections (4) and (5), for “The Welsh Authority” substitute “S4C”.

(3) In subsection (4)(a), after “on S4C” insert “Digital”.

(4) In subsection (4)(a) and (aa), after “of S4C” insert “Digital”.

5 (1) Section 61 (funding of Welsh Authority) is amended as follows.

(2) In subsection (1)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) for “the Authority” substitute “S4C”;

(c) for the words from “of—” to the end of paragraph (b) substitute “of fulfilling S4C’s public service remit”.

(3) In subsection (3)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) for “the Authority” substitute “S4C”.

(4) In the heading, for “Welsh Authority” substitute “S4C”.

6 (1) Section 61A (Welsh Authority public service fund) is amended as follows.

(2) In subsection (2)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) for “the Authority”, in the first place it occurs, substitute “S4C”;

(c) for the words from “their functions” to the end of the subsection substitute “fulfilling S4C’s public service remit.”

(3) In subsection (4)—

(a) for “The Welsh Authority” substitute “S4C”;

(b) for “television programme”, in the first place it occurs, substitute “audiovisual content”;

(c) for “television programme service”, in the first place it occurs, substitute “relevant audiovisual service”;

(d) for the words from “broadcast” to the end substitute “included in a relevant audiovisual service provided by S4C in fulfilling its public service remit.”

(4) After subsection (4) insert—

“(4A) In subsection (4), “audiovisual content” and “relevant audiovisual service” have the same meaning as in Part 3 of the Communications Act 2003 (see section 362 of that Act).”

(5) In the heading, for “Welsh Authority” substitute “S4C”.

7 (1) Section 63 (government control over S4C) is amended as follows.

(2) In subsections (1), (2), (3) and (4), for “the Welsh Authority” substitute “S4C”.

(3) In subsections (1), (3) and (4), for “the Authority” substitute “S4C”.

8 (1) Section 64 (audience research by Welsh Authority) is amended as follows.

(2) In subsection (1)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) in paragraphs (a) and (c), after “S4C” insert “Digital”.

(3) In subsection (2)(a), for “the Welsh Authority” substitute “S4C”.

(4) In subsection (2)(b), for “the Authority” substitute “S4C”.

(5) In the heading, for “Welsh Authority” substitute “S4C”.

9 In section 66 (requirements relating to transmission and distribution of services), in subsection (7)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) after “S4C” insert “Digital”;

(c) for “Wales” substitute “the United Kingdom”.

10 In section 71 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—

(a) omit ““S4C” and”;

(b) omit “each”.

11 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—

(a) in the first column, for “the Welsh Authority” substitute “S4C”;

(b) in the second column, for “The Authority” substitute “S4C”.

12 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”.

13 In section 188 (power to give broadcasting bodies etc directions relating to international obligations), in subsection (2)(c), for “the Welsh Authority” substitute “S4C”.

14 In section 202 (general interpretation), in subsection (1)—

(a) in the definition of “an S4C company”, for “the Welsh Authority”, in both places it occurs, substitute “S4C”;

(b) before that definition insert—

• ““S4C”, except in the phrases “S4C company”, “S4C Digital”, “S4C entity” and “S4C subsidiary undertaking”, means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1);”.

15 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”.

16 (1) Schedule 6 (the Welsh Authority: supplementary provisions) is amended as follows.

(2) In the Schedule heading, for “The Welsh Authority” substitute “S4C”.

(3) 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”.

(4) 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”.

(5) Omit paragraphs 2 to 8 (membership).

(6) 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—

(a) for “the Authority”, in each place it occurs;

(b) for “The Authority”, in each place it occurs;

substitute “S4C”.

(7) In paragraph 9 (employees), for sub-paragraph (3) substitute—

“(3) If a person—

(a) participates in a pension scheme as an employee of S4C, and

(b) on or after ceasing to be an employee of S4C, becomes a non-executive member of the S4C Board,

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.”

(8) In the italic heading before paragraph 10, for “Authority’s” substitute “S4C’s”.

(9) In the italic heading before paragraph 11, for “Authority” substitute “S4C”.

(10) In paragraphs 13(3)(b) and 14, for “the Authority’s” substitute “S4C’s”.

Broadcasting Act 1996

17 The Broadcasting Act 1996 is amended as follows.

18 In section 2 (meaning of “qualifying service”), in subsection (2)(e)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) for “205” substitute “204B”.

19 (1) Section 24 (digital additional services) is amended as follows.

(2) In subsection (1)(c), for “the Welsh Authority” substitute “S4C”.

(3) In subsection (3A), in the definition of “public television service of the Welsh Authority”—

(a) for “the Welsh Authority” substitute “S4C”;

(b) in paragraph (b), for the words after “any television programme service” substitute “provided in digital form by S4C in fulfilling its public service remit”.

(4) In subsection (3A), in paragraph (e) of the definition of “relevant public service broadcaster”, for “the Welsh Authority” substitute “S4C”.

20 Omit section 29(2) (application of the Broadcasting Act 1990 to S4C Digital).

21 In section 33(1)(a)(ii) and (3)(d) (review of digital television broadcasting), for “the Welsh Authority” substitute “S4C”.

22 In section 39 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—

(a) omit ““S4C” and”; and

(b) omit “each”.

23 In section 97 (listed events)—

(a) in subsection (2) (before its substitution by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”;

(b) in subsection (2) (as substituted by section 299(1) of the Communications Act 2003), for “the Welsh Authority” substitute “S4C”.

24 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”.

25 In section 105 (interpretation of Part 4 and supplementary provisions), in subsection (1), omit the definition of “S4C”.

26 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”.

27 In section 130(1) (interpretation of Part 5)—

(a) in the definition of “broadcasting body”, for “the Welsh Authority” substitute “S4C”;

(b) in the definition of “licensed service”, in paragraph (e), for “the Welsh Authority” substitute “S4C”.

Tobacco Advertising and Promotion Act 2002

28 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”.

Communications Act 2003

29 The Communications Act 2003 is amended as follows.

30 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”.

31 In the Chapter heading of Chapter 1 of Part 3, for “the Welsh Authority” substitute “, S4C”.

32 (1) In section 203 (function of OFCOM), and in its heading, for “the Welsh Authority” substitute “S4C”.

(2) In the italic heading before section 203, for “The Welsh Authority” substitute “S4C (Sianel Pedwar Cymru)”.

33 (1) Section 207 (finances) is amended as follows.

(2) In subsection (3), for “the Welsh Authority” substitute “S4C”.

(3) In subsections (4) and (6), for “The Welsh Authority” substitute “S4C”.

(4) In subsection (6), for “the Authority”, in both places it occurs, substitute “S4C”.

(5) Omit subsections (8) and (9).

(6) In the heading, for “Welsh Authority” substitute “S4C”.

34 In sections 211(1)(a) (regulation of independent television services) and 243(7)(d) (reserved frequencies), for “the Welsh Authority” substitute “S4C”.

35 In section 264 (OFCOM reports on the fulfilment of public service remits), for subsection (12)(b) substitute—

“(b) S4C;”.

36 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”.

37 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”.

38 (1) In section 338 (corresponding rules), and in its heading, for “the Welsh Authority” substitute “S4C”.

(2) In the italic heading before section 338, for “the Welsh Authority” substitute “S4C”.

39 (1) Section 339 (review of fulfilment of public service remits) is amended as follows.

(2) In subsection (1), for the words after “performance” substitute “by S4C of its duty to fulfil its public service remit.”

(3) In subsections (4) and (5), for “the Welsh Authority” substitute “S4C”.

(4) In the heading—

(a) for “Welsh Authority” substitute “S4C”;

(b) for “remits” substitute “remit”.

40 In the italic heading before section 339, for “the Welsh Authority” substitute “S4C”.

41 (1) Section 340 (directions to S4C to take remedial action) is amended as follows.

(2) In subsections (1), (2), (4) and (5), for “the Welsh Authority” substitute “S4C”.

(3) 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”.

(4) In subsection (2), for “the Authority” substitute “S4C”.

(5) In the heading, for “Welsh Authority” substitute “S4C”.

42 (1) Section 341 (imposition of penalties) is amended as follows.

(2) In subsections (1), (2) and (4), and in the heading, for “the Welsh Authority” substitute “S4C”.

(3) In subsection (2), for “the Authority” substitute “S4C”.

43 (1) Section 343 (provision of information) is amended as follows.

(2) In subsections (1) and (2), for “the Welsh Authority” substitute “S4C”.

(3) In the heading, for “Welsh Authority” substitute “S4C”.

44 In section 347(7) (statement of charging principles), for “the Welsh Authority” substitute “S4C”.

45 (1) Section 362 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “S4C” and “S4C Digital”;

(b) in the definition of “S4C company”—

(i) for “the Welsh Authority” substitute “S4C”;

(ii) for “that Authority”, in both places it occurs, substitute “S4C”;

(c) after the definition of “S4C company” insert—

• ““S4C Digital” means the television programme service provided by S4C in digital form and originally known as S4C Digital but increasingly since April 2010 (date of digital switch-over in Wales) simply called S4C;”.

(3) In subsection (3)—

(a) in paragraph (c);

(b) in the words after that paragraph;

for “the Welsh Authority” substitute “S4C”.

46 In section 368R(6) (interpretation of Part 4A), for “the Welsh Authority”, in both places it occurs, substitute “S4C”.

47 In section 393(3)(g) (restrictions on disclosure of information), for “the Welsh Authority” substitute “S4C”.

48 In section 405(1) (interpretation of Act), after the definition of “representation” insert—

• ““S4C” means the body corporate given the name S4C (or Sianel Pedwar Cymru) by section 56(1) of the 1990 Act;”.

49 (1) In the heading of Schedule 12 (corresponding obligations of the BBC and S4C), for “Welsh Authority” substitute “S4C”.

(2) Part 2 of that Schedule (obligations of S4C) is amended in accordance with paragraphs 50 to 71.

50 In the heading of that Part, for “The Welsh Authority” substitute “S4C”.

51 (1) Paragraph 3 (public service remits) is amended as follows.

(2) Omit sub-paragraphs (1) to (4).

(3) 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”.

(4) For sub-paragraphs (6) and (7) substitute—

“(6) Before making an order under sub-paragraph (5), the Secretary of State must consult—

(a) S4C, and

(b) OFCOM.

(7) 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.

(7A) In sub-paragraph (7) “audiovisual content” has the same meaning as in section 264.

(7B) 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.”

(5) For the italic heading before paragraph 3 substitute “Modification of S4C’s public service remit”.

52 (1) Paragraph 4 (statements of programme policy) is amended as follows.

(2) In sub-paragraphs (1) and (3) to (7), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (2)—

(a) for “the Welsh Authority’s”, in both places it occurs, substitute “S4C’s”;

(b) for paragraph (a) substitute—

“(a) S4C’s public service remit is fulfilled; and”.

(4) After sub-paragraph (2) insert—

“(2A) Every such statement must—

(a) state whether relevant audiovisual services other than S4C Digital will be used, during the following year, to fulfil S4C’s public service remit, and

(b) if so, set out S4C’s proposals as to the contributions that S4C Digital and other relevant audiovisual services will make.”

53 (1) Paragraph 5 (duties regarding arrangements with networks) is amended as follows.

(2) For “the Welsh Authority”, in each place it occurs, substitute “S4C”.

(3) In sub-paragraphs (3)(b) and (4), for “the Authority’s” substitute “S4C’s”.

(4) In sub-paragraph (7)(a), for “the Welsh Authority’s” substitute “S4C’s”.

54 In paragraph 6 (supply of services by satellite in certain areas), for “the Welsh Authority” substitute “S4C”.

55 (1) Paragraph 7 (programming quotas for independent productions) is amended as follows.

(2) In sub-paragraphs (4), (6), (7), (8) and (10), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (7)(a), for “the Authority” substitute “S4C”.

56 (1) Paragraph 8 (programme quotas for original productions) is amended as follows.

(2) In sub-paragraphs (8) and (12)(a), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (12)(b), for “the Authority” substitute “S4C”.

57 (1) Paragraph 9 (news and current affairs programmes) is amended as follows.

(2) In sub-paragraphs (1), (2), (3), (4), (5)(a) and (9)(a), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraphs (5)(b) and (9)(b), for “the Authority” substitute “S4C”.

(4) In sub-paragraph (7)—

(a) omit paragraph (a);

(b) in paragraph (c)—

(i) for “the Welsh Authority’s” substitute “S4C’s”;

(ii) after “designated” insert “in writing by the Secretary of State”;

(iii) omit the words after “this paragraph”.

58 (1) Paragraph 10 (code relating to programme commissioning) is amended as follows.

(2) In sub-paragraphs (1), (2), (3), (7), (8)(c) and (10), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (2), after “of a” insert “television”.

(4) In sub-paragraph (3)(d), for “the Authority” substitute “S4C”.

(5) In sub-paragraphs (5) and (6), for “The Welsh Authority” substitute “S4C”.

(6) In sub-paragraph (6)(b), for “that Authority” substitute “S4C”.

(7) Omit sub-paragraph (10).

59 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”.

60 In paragraph 13, for “the Authority” substitute “S4C”.

61 In paragraph 14(2)(a), for “the Authority’s” substitute “S4C’s”.

62 (1) Paragraph 15 (OFCOM action if S4C fails to perform duties) is amended as follows.

(2) In sub-paragraphs (1)(a), (2), (4), (5) and (6), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (1)(b), for “the Authority’s” substitute “S4C’s”.

(4) In sub-paragraph (5), for “the Authority” substitute “S4C”.

63 (1) Paragraph 16 (directions with respect to advertising) is amended as follows.

(2) In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (2)(d), omit “S4C or”.

64 In paragraph 17 (fairness standards), for “the Welsh Authority” substitute “S4C”.

65 (1) Paragraph 18 (party political broadcasts) is amended as follows.

(2) In sub-paragraphs (1) and (5), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (2), for “The Welsh Authority” substitute “S4C”.

(4) In sub-paragraph (3), for “The Welsh Authority’s” substitute “S4C’s”.

(5) In sub-paragraph (6)—

(a) omit paragraph (a);

(b) in paragraph (c)—

(i) for “the Welsh Authority’s” substitute “S4C’s”;

(ii) after “designated” insert “in writing by the Secretary of State”;

(iii) omit the words after “this paragraph”.

66 (1) Paragraph 19 (publicising complaints procedures) is amended as follows.

(2) In sub-paragraphs (1) and (2)(a), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraph (2)(b), for “the Authority”, in each place it occurs, substitute “S4C”.

67 In paragraph 20(1) (monitoring of programmes), for “the Welsh Authority” substitute “S4C”.

68 (1) Paragraph 21 (compliance with international obligations) is amended as follows.

(2) In sub-paragraph (1), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraphs (2) and (3), for “the Authority” substitute “S4C”.

69 (1) Paragraph 22 (services for people with disabilities) is amended as follows.

(2) For “the Welsh Authority” substitute “S4C”.

(3) For “the Welsh Authority’s” substitute “S4C’s”.

70 (1) Paragraph 23 (equality of opportunity) is amended as follows.

(2) In sub-paragraphs (1), (2) and (5), for “the Welsh Authority” substitute “S4C”.

(3) In sub-paragraphs (1) and (2), for “the Authority” substitute “S4C”.

(4) In sub-paragraphs (3) and (4), for “The Welsh Authority” substitute “S4C”.

71 (1) Paragraph 24 (public services) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “the Welsh Authority’s” substitute “S4C’s”;

(b) omit paragraph (a);

(c) for paragraph (c) substitute—

“(c) any other relevant audiovisual service provided by S4C in fulfilling its public service remit.”

(3) In sub-paragraph (2)—

(a) for “the Welsh Authority” substitute “S4C”;

(b) for “the Authority” substitute “S4C”.

(4) In the italic heading before paragraph 24, for “Welsh Authority’s” substitute “S4C’s”.

72 In Schedule 18 (transitional provisions), omit paragraph 27 and sub- paragraph (3) of paragraph 43.

Equality Act 2010

73 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”.