Broadcasting Act 1981

64 Power to repeal or modify provisions of Act which relate to television in Wales.U.K.

(1)The Secretary of State may by order—

(a)repeal as from a specified date so much of this Act as re-enacts Part III of the M1Broadcasting Act 1980 (including Schedules 1 and 2 of that Act); and

(b)make such modifications of so much of this Act as re-enacts Parts II and V of that Act as he thinks appropriate for securing that as from that date there are suitable arrangements for the broadcasting of television programmes for reception in Wales, and in particular of television programmes in Welsh.

(2)Without prejudice to the generality of subsection (1)(b), an order under this section may modify so much of this Act as is there mentioned by the addition of provisions whose purpose is—

(a)to require the Authority to ensure that the programmes broadcast on the Fourth Channel for reception in Wales contain a suitable proportion of matter in Welsh;

(b)to make provision corresponding to that made by section 50(3) of this Act;

(c)to provide for consultation between the BBC and the Authority with a view to ensuring that their respective arrangements for broadcasting television programmes in Welsh for reception in Wales are such as will together best serve the interests of persons residing in Wales;

(d)to provide for the appointment of a person to advise the BBC and the Authority on matters of programme scheduling arising out of such consultation as is mentioned in paragraph (c);

(e)to secure that, so far as is practicable, the television programmes in Welsh broadcast by the BBC and the Authority for reception in Wales, taken together, maintain a proper balance and wide range in their subject-matter and that, as between the television programmes in Welsh so broadcast by them respectively, a proper balance of subject-matter is maintained, having regard as mentioned in section 2(2)(b) of this Act;

(f)to establish a committee to keep under review, and report to the Secretary of State on, the extent to which the arrangements for the broadcasting by the BBC and the Authority respectively of television programmes in Welsh for reception in Wales are serving the interests of persons residing in Wales.

(3)An order under this section may include such incidental, supplemental and transitional provisions as the Secretary of State thinks fit (including provisions involving the payment by the Secretary of State out of money provided by Parliament of such fees and allowances as he may, with the approval of [F1the Treasury] determine), and in particular may make provision for keeping the Welsh Authority temporarily in existence for purposes connected with their activities and finances prior to the repeal of so much of this Act as is mentioned in subsection (1)(a) of this section and for winding up the affairs of, and dissolving, that Authority.

(4)An order under this section shall be made by statutory instrument; but no such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5)In this section “modifications” includes additions, omissions and alterations, and related expressions shall be construed accordingly.