Section 341 Imposition of penalties on S4CF7I1
United Kingdom
This section applies to the following requirements so far as they are imposed on F1S4C in relation to services provided by them—
the requirements imposed by or under paragraphs 7 and 8 of Schedule 12 (programme quotas);
the requirements imposed by paragraph 9(1) and (3) of that Schedule (news and current affairs);
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;
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;
the requirements imposed by paragraphs 14 and 16 of that Schedule (advertising or sponsorship) to comply with a direction under those paragraphs;
the requirement imposed by paragraph 17 of that Schedule (observance of the fairness code);
the requirement imposed by paragraph 19 of that Schedule (publicising complaints procedure);
the requirement imposed by paragraph 20 of that Schedule (monitoring of programmes);
the requirement imposed by paragraph 21 of that Schedule (international obligations) to comply with a direction under that paragraph;
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;
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the requirement to comply with a direction under section 119(1) of the 1996 Act (directions in respect of fairness matters).
The amount of the penalty must not exceed £250,000.
OFCOM are not to serve a notice on F6S4C 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.
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.
The Secretary of State may by order substitute a different sum for the sum for the time being specified in subsection (3).
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.
Annotations
Textual amendments
- F1
Word in s. 341(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 42(2); S.I. 2024/858, reg. 2(1)(x)
- F2
S. 341(1)(ja) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), ss. 39(3), 55(3)(d); S.I. 2024/858, reg. 2(1)(q)
- F3
S. 341(1)(jb) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), ss. 39(3), 55(3)(d); S.I. 2024/858, reg. 2(1)(q)
- F4
Word in s. 341(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 42(2); S.I. 2024/858, reg. 2(1)(x)
- F5
Word in s. 341(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 42(3); S.I. 2024/858, reg. 2(1)(x)
- F6
Word in s. 341(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 42(2); S.I. 2024/858, reg. 2(1)(x)
- F7
Word in s. 341 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 42(2); S.I. 2024/858, reg. 2(1)(x)
Modifications
- C1
S. 341(2) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 5 (with art. 5)
Commencement
- I1
S. 341 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Notes on Part 3
Textual amendments
- F1
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Modifications
- C1
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
- C2
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
- C3
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)
Notes on Chapter 4
Textual amendments
- F1
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
- F2
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Notes on Enforcement against S4C
Textual amendments
- F1
Word in s. 339 cross-heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 40; S.I. 2024/858, reg. 2(1)(x)