The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004

Article 3

SCHEDULE OFCOM FUNCTIONS RELATING TO ADVERTISING WHICH MAY BE CONTRACTED OUT

PART 1

1.  Functions conferred by or under the following provisions of the 2003 Act relating to programme standards for television and radio:

(a) section 319(1) (setting, reviewing and revising content standards);

(b) section 325(2) (handling and resolution of complaints about the observance of standards set under section 319);

(c) section 325(4) in so far as it provides for a direction to be given to a licence holder with respect to any of the matters mentioned in paragraphs (a) and (b) of section 325(5);

(d) paragraph 14(1) of Part 2 of Schedule 12 in so far as it provides for a direction to be given to the Welsh Authority with respect to any of the matters mentioned in subparagraphs (a) and (b) of paragraph 14(2) of that Schedule.

PART 2

2.  Functions conferred by or under the following provisions relating to directions to broadcast a correction or statement of findings:

(a) section 40(1) of the 1990 Act(1) (power to direct licensee to broadcast correction or statement of findings);

(b) section 109(3) of the 1990 Act(2) (power to require broadcasting of correction or statement of findings);

(c) section 236(2) of the 2003 Act (direction to the holder of a licence to provide a television licensable content service to take remedial action);

(d) paragraph 15(2) of Part 2 of Schedule 12 to the 2003 Act (inclusion of a correction or statement of findings in a public television service of the Welsh Authority).

PART 3

3.—(1) In the 1990 Act, functions conferred by or under—

(a) section 41(1) (power to impose financial penalty or shorten licence period)(3);

(b) section 42(1) (power to revoke a licence)(4);

(c) section 55(1) (power to impose penalty on holder of additional services licence)(5);

(d) section 110(1) (power to impose financial penalty or shorten licence period)(6);

(e) section 111(1) (power to revoke licence)(7);

(f) section 120(1) (enforcement of additional services licences)(8).

4.—(1) In the 1996 Act, functions conferred by or under—

(a) section 17(1) (power to impose financial penalty on the holder of a multiplex licence)(9);

(b) section 23(1) (power to impose financial penalty on the holder of a digital programme licence)(10);

(c) section 27(1) (power to impose financial penalty on the holder of a digital additional services licence)(11);

(d) section 59(1) (power to impose financial penalty on the holder of a radio multiplex licence)(12);

(e) section 62(1) (power to impose financial penalty on the holder of a digital sound programme licence)(13);

(f) section 66(1) (power to impose financial penalty on the holder of a digital additional services licence)(14);

5.  In the 2003 Act, functions conferred by section 341(2).

(1)

In addition to Channels 3 and 5, section 40(1) (as amended by section 344 of the 2003 Act and paragraph 18 of Part 1 of Schedule 15 to that Act) applies to Channel 4 by virtue of section 40(5) of the 1990 Act; to a restricted service by virtue of section 42B(2) of the 1990 Act (as amended by paragraph 4(1) of Schedule 13 to the 2003 Act read with paragraph 4(4) of that Schedule); to a digital programme licence by virtue of section 23(8) of the 1996 Act (as amended by paragraph 92(6) of Part 2 of Schedule 15 to the 2003 Act); to a digital additional services licence by virtue of section 27(8) of the 1996 Act; and to the public teletext service by virtue of paragraph 8 of Part 2 of Schedule 10 to the 2003 Act, with the modifications specified in that paragraph of that Schedule.

(2)

Section 109(3) (as amended by section 344 of the 2003 Act and paragraph 50 of Part 1 of Schedule 15 to that Act) applies to a national, local or restricted service (within the meaning given in section 245(4) of the 2003 Act); to a digital sound programme licence by virtue of section 62(10) of the 1996 Act (as amended by paragraph 121(6) of Part 2 of Schedule 15 to the 2003 Act); to a digital additional services licence by virtue of section 66(10) of the 1996 Act (as amended by paragraph 124(7) of Part 2 of Schedule 15 to the 2003 Act); and to a radio licensable content service by virtue of section 250(3) of the 2003 Act.

(3)

Section 41 (as amended by paragraph 18 of Part 1 of Schedule 15 to the 2003 Act and paragraph 3 of Part 1 of Schedule 13 to that Act) applies to a restricted service by virtue of section 42B(2) of the 1990 Act, with the modifications specified in subsections (3) and (4) of section 42B.

(4)

Section 42 (as amended by paragraph 18 of Part 1 of Schedule 15 to the 2003 Act) applies to a restricted service by virtue of section 42B(2) of the 1990 Act; to an additional service by virtue of section 55(4) of that Act, with the modifications specified in that section; to a multiplex licence by virtue of section 17(6) of the 1996 Act, with the modifications specified in that section; to a digital programme licence by virtue of section 23(8) of the 1996 Act, with the modifications set out in section 23(9) of that Act; to a digital additional services licence by virtue of section 27(8) of the 1996 Act, with the modifications set out in section 27(9) of that Act.

(5)

Section 55(1) was amended by paragraph 27 of Part 1 of Schedule 15 to the 2003 Act.

(6)

Section 110(1) was amended by paragraph 50 of Part 1 of Schedule 15 to the 2003 Act.

(7)

Section 111 (as amended by paragraph 50 of Part 1 of Schedule 15 to the 2003 Act) applies to a radio multiplex licence by virtue of section 59(8) of the 1996 Act, with the modifications specified in section 59(9) of that Act; to a digital sound programme licence by virtue of section 62(10) of the 1996 Act, with the modifications specified in section 62(12) of that Act; and to a digital additional services licence by virtue of section 66(10) of the 1996 Act, with the modifications specified in section 66(12) of that Act.

(8)

Section 120(1) was amended by paragraph 58 of Part 1 of Schedule 15 to the 2003 Act.

(9)

Section 17(1) was amended by paragraph 89 of Part 2 of Schedule 15 to the 2003 Act.

(10)

Section 23(1) was amended by paragraph 92 of Part 2 of Schedule 15 to the 2003 Act.

(11)

Section 27(1) was amended by paragraph 96 of Part 2 of Schedule 15 to the 2003 Act.

(12)

Section 59(1) was amended by paragraph 118 of Part 2 of Schedule 15 to the 2003 Act.

(13)

Section 62(1) was amended by paragraph 121 of Part 2 of Schedule 15 to the 2003 Act.

(14)

Section 66(1) was amended by paragraph 124 of Part 2 of Schedule 15 to the 2003 Act.