Part 3Television and Radio Services

Chapter 1The BBC, C4C the Welsh Authority and the Gaelic media service

The Welsh Authority

I1206Other activities of Welsh Authority

1

The activities that the Welsh Authority are able to carry on include activities which appear to them—

a

to be activities that it is appropriate for them to carry on in association with the carrying out of their function of providing S4C, S4C Digital or a service the provision of which is approved under section 205; and

b

to be connected, otherwise than merely in financial terms, with activities undertaken by them for the carrying out of that function.

2

The approval of the Secretary of State is required for the carrying on by the Welsh Authority of activities authorised only by subsection (1).

3

The approval of the Secretary of State—

a

must be contained in an order made by him; and

b

may be a general approval in relation to a description of activities or a specific approval in relation to particular activities.

4

The activities capable of being authorised under subsection (1)—

a

do not include the provision of a licensable service; but

b

do include activities for securing the provision of such a service by an S4C company and other activities connected with the provision of such a service by such a company.

5

The activities referred to in subsection (4)(b) include—

a

the formation of a company to provide a programme service;

b

the taking of steps by means of which a company that is providing such a service becomes an S4C company.

6

For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 6 to the 1990 Act (power of Welsh Authority to do things incidental or conducive to the carrying out of their functions) there shall be substituted—

2

The Authority may do anything which appears to them to be incidental or conducive to the carrying out of their functions.

3

The powers of the Authority under sub-paragraph (2) include power, to the extent that it appears to them incidental or conducive to the carrying out of their functions to do so—

a

to carry on activities (other than those comprised in their duty to carry out their functions under section 204 of the Communications Act 2003) through S4C companies; and

b

to participate with others in the carrying on of any such activities.

7

In this section “licensable service” means a service that would fall to be regulated under section 211 or 245 if provided by an S4C company.

8

Section 57(1A)(b) and (1B) of the 1990 Act (power of Welsh Authority to establish, acquire an interest in or assist a qualifying company) shall cease to have effect.