Broadcasting Act, 2001

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PART VII

Miscellaneous

Provisions in relation to certain broadcasting services provided by Authority or Teilifís na Gaeilge.

54.—(1) In this section “secondary broadcasting service” means a broadcasting service that is not the national television and sound broadcasting service referred to in section 16(1) of the Act of 1960 or the television service referred to in section 45 (1).

(2) In relation to any secondary broadcasting services provided by the Authority or Teilifís na Gaeilge—

(a) each such body shall keep, separately from the accounts it keeps in respect of its other activities, such accounts in respect of the provision of those services as it is required by section 25 of the Act of 1960 or, as the case may be, paragraph 17 of the Second Schedule to this Act to keep in respect of the carrying on by it of those other activities,

(b) moneys which it receives in consideration of broadcasting advertisements on any free-to-air service, the provision of which by it commenced before the passing of this Act, or from sponsorship of such a service, shall not be used to defray, in whole or in part, the expenses incurred by it in providing a secondary broadcasting service that is not a free-to-air service or taking any steps in pursuance of arrangements entered into under subsection (4) for the purposes of such a service.

(3) The Minister may require the Authority or Teilifís na Gaeilge to prepare, and furnish to him or her, such financial and other statements as he or she may specify indicating the extent to which, in its opinion, the provision by it of any secondary broadcasting services has, in a specified period—

(a) facilitated the provision by it of any free-to-air service, the provision of which commenced before the passing of this Act, or contributed to an improvement in the quality of that service,

(b) in the case of the Authority, facilitated the carrying on by it of any activity, apart from broadcasting, mentioned in section 16 of the Act of 1960,

and the Authority or Teilifís na Gaeilge, as the case may be, shall comply with such a requirement.

(4) The Authority and Teilifís na Gaeilge may each, for the purpose of providing a secondary broadcasting service, enter into arrangements with a holder of a digital content contract whereby that holder provides a compilation of programme material to it for that service.