Part 3Television and Radio Services ETC
Chapter 4Regulatory provisions
Enforcement against F1S4C
339Review of fulfilment by F2S4C of public service remits
(1)
The Secretary of State may carry out a review of the performance by the Welsh Authority of their duty to secure that each of the following public service remits—
(a)
that for S4C;
(b)
that for S4C Digital; and
(c)
that for each of the television programme services provided by them with the approval of the Secretary of State under section 205,
is fulfilled in relation the services to which it applies.
(2)
The first review carried out under this section—
(a)
shall be a review relating to the period since the passing of this Act; and
(b)
must not be carried out before the end of the period of five years beginning with the day of the passing of this Act.
(3)
A subsequent review—
(a)
shall be a review relating to the period since the end of the period to which the previous review related; and
(b)
must not be carried out less than five years after the day of the publication of the report of the previous review.
(4)
On a review under this section the Secretary of State—
(a)
shall consult the National Assembly for Wales and F3S4C on the matters under review; and
(b)
shall have regard to their opinions when reaching his conclusions.
(5)
The Secretary of State shall also consult such other persons as he considers are likely to be affected by whether, and in what manner, F4S4C perform the duty mentioned in subsection (1).
(6)
As soon as practicable after the conclusion of a review under this section the Secretary of State must publish a report of his conclusions.
340Directions to F5S4C to take remedial action
(1)
This section applies if the Secretary of State’s conclusions on a review under section 339 include a finding—
(a)
that F6S4C has failed in any respect to perform their duty to secure that the public service remit for a service mentioned in that section is fulfilled; and
(b)
that there is no reasonable excuse for the failure.
(2)
(3)
The Secretary of State is not to give a direction under this section unless a draft of the proposed direction has been laid before Parliament and approved by a resolution of each House.
(4)
Before laying a proposed direction before Parliament, the Secretary of State must consult F9S4C.
(5)
It shall be the duty of F10S4C to comply with every direction under this section.
341Imposition of penalties on F11S4C
(1)
This section applies to the following requirements so far as they are imposed on F12S4C in relation to services provided by them—
(a)
the requirements imposed by or under paragraphs 7 and 8 of Schedule 12 (programme quotas);
(b)
the requirements imposed by paragraph 9(1) and (3) of that Schedule (news and current affairs);
(c)
the requirements imposed by paragraph 10 of that Schedule (code relating to programme commissioning) or by a direction under sub-paragraph (3)(d) of that paragraph;
(d)
the requirement imposed by virtue of paragraph 12 of that Schedule to comply with standards set under section 319, so far as that requirement relates to standards set otherwise than for the purpose of securing the objectives set out in subsection (2)(c) or (d) of that section;
(e)
the requirements imposed by paragraphs 14 and 16 of that Schedule (advertising or sponsorship) to comply with a direction under those paragraphs;
(f)
the requirement imposed by paragraph 17 of that Schedule (observance of the fairness code);
(g)
the requirement imposed by paragraph 19 of that Schedule (publicising complaints procedure);
(h)
the requirement imposed by paragraph 20 of that Schedule (monitoring of programmes);
(i)
the requirement imposed by paragraph 21 of that Schedule (international obligations) to comply with a direction under that paragraph;
(j)
the requirement under paragraph 22 of that Schedule (assistance for disabled people) to comply with the code for the time being in force under section 303;
F13(ja)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(jb)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)
the requirement to comply with a direction under section 119(1) of the 1996 Act (directions in respect of fairness matters).
(2)
(3)
The amount of the penalty must not exceed £250,000.
(4)
OFCOM are not to serve a notice on F17S4C under this section unless they have given them a reasonable opportunity of making representations to OFCOM about the matters appearing to OFCOM to provide grounds for the service of the notice.
(5)
An exercise by OFCOM of their powers under this section does not preclude any exercise by them of their powers under paragraph 15 of Schedule 12 in respect of the same contravention.
(6)
The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (3).
(7)
No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
342Contraventions recorded in Welsh Authority’s annual report
In paragraph 13 of Schedule 6 to the 1990 Act (annual report of the Welsh Authority)—
(a)
in sub-paragraph (2), the words from “and shall include” onwards shall be omitted; and
(b)
“(3)
The report shall also—
(a)
set out every contravention notification given by OFCOM to the Authority during the year; and
(b)
include such other information (including information relating to the Authority’s financial position) as the Secretary of State may from time to time direct.
(4)
In sub-paragraph (3), “contravention notification” means a notification of a determination by OFCOM of a contravention by the Authority of any obligation imposed by or under this Act, the 1996 Act or Part 3 of the Communications Act 2003.”
343Provision of information by F18S4C
(1)
It shall be the duty of F19S4C to comply with every direction given to them by OFCOM to provide OFCOM with information falling within subsection (2).
(2)
(3)
Information that is required to be provided by a direction under this section must be provided in such manner and at such times as may be required by the direction.