Communications Act 2003

This section has no associated Explanatory Notes

8(1)[F1It shall be the duty of the Welsh Authority, in relation to their designated public services (taken together) to secure—U.K.

(a)that the time allocated, in each year, to the broadcasting of original productions included in those services is no less than the proportion fixed under sub-paragraph (2) of the total amount of time allocated to the broadcasting of all the programmes included in those services; and

(b)that the time allocated to the broadcasting of original productions is split in the manner so fixed between peak viewing times and other times.]

[F1It 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.]

(2)[F2The fixing for the purposes of sub-paragraph (1) of a proportion or manner of splitting allocated time is to be—

(a)by agreement between the Welsh Authority and OFCOM; or

(b)in default of agreement, by a direction given by OFCOM to the Authority fixing the proportion or manner according to whatever OFCOM consider appropriate for ensuring that the service is consistently of a high quality.]

(3)[F2The agreement or direction may, for the purposes of sub-paragraph (1)(b), fix a proportion for the purposes of sub-paragraph (1)(a) in terms of the cumulative effect of two different minimum proportions, one applying to peak viewing times and the other to other times.]

(4)[F2The agreement or direction may provide that specified descriptions of programmes are to be excluded in determining the programmes a proportion of which is to constitute original productions.]

(5)[F2It may also provide that, in determining whether a programme is of a description of programmes excluded by an agreement or direction by virtue of sub-paragraph (4), regard is to be had to any guidance prepared and published, and from to time revised, by OFCOM.]

(6)References in this paragraph[F3, in relation to the designated public services of the Welsh Authority,] to original productions are references to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be original productions for the purposes of this paragraph.

(7)The power to specify descriptions of programmes by order under sub-paragraph (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit.

[F4(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.]

(8)Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and [F5S4C].

(9)No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(10)[F6The services that are designated public services for the purposes of this paragraph are—

(a)S4C;

(b)S4C Digital; and

(c)any of the Welsh Authority’s other public television services which is designated for the purposes of this paragraph by the order under section 205 approving its provision.]

(11)In this paragraph—

  • “peak viewing time”[F7, in relation to the designated public services of the Welsh Authority,] means a time that is determined in accordance with sub-paragraph (12) to be a peak viewing time for [F8one or more of those services] [F8S4C Digital]; and

  • “programme” does not include an advertisement.

(12)The determination for the purposes of this paragraph of peak viewing times is to be—

(a)by agreement between [F9S4C] and OFCOM; or

(b)in default of agreement, by a direction given by OFCOM to [F10S4C] determining those times.

[F11(13)See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).]

Textual Amendments

F2Sch. 12 para. 8(2)-(5) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 3(3); S.I. 2024/858, reg. 3, Sch.

F3Words in Sch. 12 para. 8(6) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 3(4); S.I. 2024/858, reg. 3, Sch.

F6Sch. 12 para. 8(10) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 3(6); S.I. 2024/858, reg. 3, Sch.

F7Words in Sch. 12 para. 8(11) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 3(7)(a); S.I. 2024/858, reg. 3, Sch.

F8Words in Sch. 12 para. 8(11) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 3(7)(b); S.I. 2024/858, reg. 3, Sch.

Commencement Information

I1Sch. 12 para. 8 in force at 1.7.2004 by S.I. 2003/3142, art. 4(4)(c) (with art. 11) (as amended (4.3.2004) by S.I. 2004/545, art. 2(2)(3)(c))