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Broadcasting Act 1996

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32 Digital broadcasting of Gaelic programmes.U.K.

(1)The Secretary of State may by order provide for [F1OFCOM to include in no more than one relevant multiplex licence] such conditions relating to the broadcasting of programmes in Gaelic for reception wholly or mainly in Scotland as may be specified in, or determined by them under, the order.

(2)The Secretary of State may by order require the holder of a multiplex licence (“the holder”), in complying with any such conditions, to broadcast programmes in Gaelic supplied by each of the persons mentioned in subsection (4) (“the suppliers”) amounting to such minimum number of hours (if any) of transmission time per year as may be specified in the order in relation to that supplier.

(3)For the purpose of enabling the holder to comply with any such conditions and any obligation imposed by virtue of subsection (2), it shall be the duty of each supplier to provide the holder, free of charge, with such programmes in Gaelic which have been broadcast by the supplier as the holder may request.

(4)The suppliers are—

(a)the BBC,

(b)the Channel Four Television Corporation,

(c)any holder of a Channel 3 licence to provide a regional Channel 3 service (within the meaning of Part I of the 1990 Act) for reception wholly in Scotland, and

(d)such other persons providing television broadcasting services as may be specified by order by the Secretary of State.

(5)Subsection (3) shall not apply in relation to any programme first broadcast by the supplier concerned—

(a)before 1st January 1993, or

(b)in the period beginning on 1st January 1993 and ending on 31st March 1997, if the supplier has no right to broadcast it again or has such a right but is not entitled to transfer it to the holder.

(6)The holder may broadcast any programme supplied by virtue of subsection (3) on one occasion only.

(7)The holder shall consult [F2Seirbheis nam Meadhanan Gàidhlig] and the suppliers about—

(a)the quantity of programmes likely to be requested by the holder from each supplier by virtue of subsection (3), and

(b)the schedules proposed for the broadcast by the holder of programmes supplied by virtue of that subsection,

and shall have regard to any comments made as a result of such consultation.

(8)Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3(9)In this section—

“Gaelic” means the Gaelic language as spoken in Scotland;

“relevant multiplex licence” means a multiplex licence in respect of which the Secretary of State has made an order under section 243(3) of the Communications Act 2003;

“television broadcasting service” has the same meaning as in Part 3 of the Communications Act 2003.]

Textual Amendments

F1Words in s. 32(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 97(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2Words in s. 32(7) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 97(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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