Broadcasting Authority (Amendment) Act, 1993

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Independent television programmes account.

4.—(1) The Authority shall keep an account which shall be known as the “independent television programmes account” and is in this Act referred to as “the account”.

(2) (a) Monies standing to the credit of the account shall be used by the Authority for the purpose of—

(i) commissioning the making of independent television programmes,

(ii) procuring the formulation by persons of proposals for the commissioning by the Authority of the making of programmes as aforesaid,

(iii) assisting the completion of programmes as aforesaid the making of which has not been commissioned by the Authority,

and for no other purpose.

(b) The amount of monies that the Authority is required by subsection (3) of this section to pay into the account in a financial year shall be expended, unless it is impracticable to do so, in that financial year.

(c) The Authority shall not in a financial year use for the purposes specified in subparagraphs (ii) and (iii) of paragraph (a) of this subsection more than 10 per cent. of the amount of monies that it is required by subsection (3) of this section to pay into the account in that financial year.

(3) The Authority shall in each financial year mentioned in column (1) of the Table to this section pay into the account, in accordance with subsection (4) of this section, an amount of monies that is not less than the amount of monies mentioned in column (2) of the said Table opposite the mention of the financial year concerned in the said column (1).

(4) The amount of monies required to be paid by subsection (3) of this section into the account in a financial year shall be so paid in such number of instalments as the Authority deems appropriate having regard to its duty under subsection (2) (b) of this section:

Provided that the said amount shall be paid into the account not later than the 30th day of September of the financial year concerned.

(5) If any of the monies paid under subsection (3) of this section into the account in a financial year remains unexpended at the end of that financial year the Minister may, having considered the terms of the report made to him by the Authority under section 6 of this Act in respect of that financial year and such other matters as he deems relevant, authorise the Authority to withdraw the said monies or a specified portion thereof from the account and monies so withdrawn shall thereupon become and be available to the Authority for the purposes generally of its functions under the Broadcasting Authority Acts, 1960 to 1993.

(6) References in this section to the expenditure of monies in the account include references to the incurring of a legal obligation or legal obligations to expend such monies.

(7) (a) The Minister may, having had regard to each of the following matters, namely—

(i) the current and prospective financial liabilities of the Authority,

(ii) the effect (if any) for the time being of the operation of the provisions of this section on—

(I) the employment or recruitment of staff by the Authority,

(II) the performance by the Authority of its functions generally under the Broadcasting Authority Acts, 1960 to 1993,

(III) the employment of persons in the making of independent television programmes,

from time to time by order vary an amount or percentage referred to in column (2) of the Table to this section or the amount referred to in paragraph (i) of the definition of “the appropriate amount” in subsection (8) (a) of this section and for so long as such an order is in force the said Table or the said definition, as the case may be, shall be construed and have effect in accordance with the order.

(b) The Minister may by order revoke an order under this subsection.

(c) Where it is proposed to make an order under this subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(8) (a) In the Table to this section—

“the appropriate amount” means—

(i) in the case of the financial year 1999, £12,500,000,

(ii) in the case of a subsequent financial year, the said amount as increased by an amount equal to the appropriate percentage of the said amount;

“television programme expenditure” means, in respect of a financial year, the total costs incurred by the Authority in that financial year in making, commissioning the making of, acquiring, preparing, producing, or cooperating in the production of, television programmes.

(b) In this subsection “the appropriate percentage” means the difference between the consumer price index number at mid-August, 1998, and the said number at the mid-August immediately preceding the financial year concerned expressed as a percentage of the first-mentioned number.

(c) If at the second-mentioned date in paragraph (b) of this subsection the consumer price index number stands at a figure that is less than that at which it stood at the first-mentioned date in that paragraph, the definition of “the appropriate amount” in this subsection shall have effect as respects the financial year immediately following the second-mentioned date as if “reduced” were substituted for “increased” in that definition.

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