Prospective
32S4C’s powers and public service remitU.K.
(1)The Communications Act 2003 is amended in accordance with subsections (2) and (3).
(2)For sections 204 to 206 (S4C’s functions and main powers), substitute—
“204AS4C’s principal powers and public service remit
(1)S4C may make available any audiovisual content.
(2)S4C’s public service remit is to make available a broad range of high quality and diverse audiovisual content—
(a)a substantial proportion of which is in Welsh,
(b)which is all capable of being taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled (see section 264(7) to (8C)), and
(c)which, considered as a whole, constitutes an adequate contribution to the fulfilment of that remit.
(3)S4C must exercise the power in subsection (1) to fulfil its public service remit.
(4)S4C may do anything it considers appropriate in association with anything it does in exercise of the power in subsection (1).
(5)In this section “audiovisual content” has the same meaning as in section 264.
(6)Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of this section as it applies for the purposes of that section.
204BRestrictions on S4C’s powers
(1)S4C must obtain the Secretary of State’s approval in writing before (whether under section 204A or otherwise)—
(a)providing any television programme services;
(b)doing anything for a charge or with a view to making a profit.
(2)S4C must ensure that an S4C company obtains the Secretary of State’s approval in writing before the company does anything for a charge or with a view to making a profit.
(3)An approval under this section may be—
(a)a general approval in relation to a description of activities, or
(b)a specific approval in relation to particular activities.
(4)For the purposes of this section, the carrying on of the following activities is treated as approved by the Secretary of State (so far as approval under this section would otherwise be required)—
(a)the provision of S4C Digital,
(b)each activity whose carrying on is approved under section 205 or 206 of this Act (S4C’s other activities) immediately before this section comes into force, and
(c)each activity which is being carried on by S4C or an S4C company immediately before this section comes into force.
(5)S4C may not provide a service that would fall to be regulated under section 245 (independent radio services) if provided by an S4C company.
204CPublication of approvals under section 204B
(1)The Secretary of State must publish any approval under section 204B, subject to subsection (2).
(2)The Secretary of State must exclude from publication any matters which appear to the Secretary of State to be matters whose publication would or might seriously and prejudicially affect the interests of any person.
(3)This section does not apply in relation to activities treated under section 204B(4) as approved under that section.”
(3)In section 207 (S4C: charging and borrowing etc), omit subsections (1) and (2).
(4)In Schedule 6 to the Broadcasting Act 1990 (S4C: supplementary provisions), in paragraph 1, for sub-paragraph (3) substitute—
“(3)In carrying out its functions S4C may carry on activities in any way whatever, including—
(a)through or with other persons;
(b)anywhere in the United Kingdom or elsewhere;
(c)with a view to making a profit;
(d)for a charge.”
Commencement Information
I1S. 32 not in force at Royal Assent, see s. 55(3)(c)