Paragraph 3 I1I2I3

Paragraph 8 of Schedule 12 to that Act (programme quotas for original productions) is amended as follows.

For sub-paragraph (1) substitute—

“(1)

It 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.”

Omit sub-paragraphs (2) to (5).

In sub-paragraph (6), omit the words from “, in relation to” to “the Welsh Authority,”.

After sub-paragraph (7) insert—

“(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.”

Omit sub-paragraph (10).

In sub-paragraph (11), in the definition of “peak viewing time”—

After sub-paragraph (12) insert—

“(13)

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