Broadcasting Act 1990

183 Financing of programmes in Gaelic out of Gaelic Television Fund. U.K.

(1) The Secretary of State—

(a) may, for the financial year beginning with 1st April 1991, and

(b) shall, for each subsequent financial year,

pay to [F1 OFCOM] such amount as he may, with the approval of the Treasury, determine to be appropriate for the purposes of this section.

(2) Any amount received by [F1 OFCOM] under subsection (1) shall be carried by them to the credit of a fund established [F2 by the Independent Television Commission under this section and] known as the [F3 Gaelic Broadcasting Fund] (and any such amount shall accordingly not be regarded as forming part of the revenues of [F1 OFCOM]).

(3) The Fund shall be under the management of a body established for the purposes of this section F4 ...

F5 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (3B) The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.

(4A) In carrying out their functions, the Service may finance, or engage in, any of the following—

(a) the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;

(b) the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;

(c) research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.

(4B) But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—

(a) a Channel 3 service;

(b) Channel 4;

(c) Channel 5;

(d) a national sound broadcasting service;

(e) a national digital sound programme service; or

(f) a television multiplex service or a radio multiplex service.]

(5) When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Any sums required by the Secretary of State under subsection (1) shall be paid out of money provided by Parliament.

[F8 (9) In this section, section 183A and Schedule 19—

• “Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1;

• “national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

• “national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section;

• “Gaelic” means the Gaelic language as spoken in Scotland;

• “programme” includes any item included in a programme service;

• “radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996;

• “the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service);

• “television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996;

and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.]

Textual Amendments

F1 Words in s. 183 substituted (with effect in accordance with Sch. 15 para. 62(4)(a) of the amending Act) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 62(2) (with Sch. 15 para. 62(4)(b), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 183(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 62(3) (with Sch. 15 para. 62(4)(b), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 183(2) substituted (1.4.1997) by 1996 c. 55, s. 95(2); S.I. 1997/1005, art. 4

F4 Words in s. 183(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 S. 183(3A) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 S. 183(3B)-(4B) substituted for s. 183(4) (29.12.2003) by Communications Act 2003 (c. 21), ss. 208(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7 S. 183(6)(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8 S. 183(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 208(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C1 S. 183: transfer of functions to the Scottish Ministers (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1; S.I. 1998/3178

C2 S. 183: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 7 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)