Number 18 of 2009

BROADCASTING ACT 2009

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General matters

Section

1. Short title.

2. Definitions.

3. Repeals.

4. Expenses.

PART 2

Broadcasting Authority of Ireland

5. Establishment day.

6. Establishment of Authority, Contract Awards and Compliance Committees.

7. Body corporate and seal.

8. Appointment of Authority, Contract Awards Committee and Compliance Committee.

9. Criteria for membership.

10. Terms and removal.

11. Chairperson of Authority or statutory committee.

12. Exclusions from membership of Authority or statutory committee.

13. Meetings of Authority or statutory committee.

14. Chief executive officer of Authority.

15. Staff.

16. Superannuation.

17. Advisory committees.

18. Consultants and advisers.

19. Accountability of chief executive to Committee of Public Accounts.

20. Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees.

21. Disclosure by members of Authority and statutory committee of certain interests.

22. Disclosure by staff of Authority of certain interests.

23. Code of conduct.

24. Independence.

25. Objectives of Authority.

26. Functions of Authority.

27. Functions of Contract Awards Committee.

28. Functions of Compliance Committee.

29. Strategy statements.

30. Policy communications.

31. Powers.

32. Duties of Authority and statutory committees.

33. Levy.

34. Exchequer funding.

35. Borrowings.

36. Deposits and charges for services.

37. Accounts and audits.

38. Reports to Minister.

PART 3

Broadcasters — Duties, Codes and Rules

39. Duties of broadcasters.

40. Recording of broadcasts.

41. Advertising.

42. Broadcasting codes.

43. Broadcasting rules.

44. Inspection of draft broadcasting codes and rules.

45. Presentation of broadcasting codes and rules to Minister.

46. Co-operation with other parties — standards and self-regulation.

PART 4

Redress

47. Code of practice — complaints handling.

48. Complaints process.

49. Right of reply.

PART 5

Enforcement

Chapter 1

Compliance with terms of contract

50. Investigation into affairs of contractor.

51. Termination or suspension of contract under Part 6 or 8.

Chapter 2

Financial Sanctions

52. Definitions (Chapter 2).

53. Investigation into affairs of broadcaster.

54. Report, findings, recommendations and procedures relating to outcome of investigation.

55. Financial sanctions.

56. Matters to be considered in determining the amount of financial sanction.

Chapter 3

Notifications

57. Notifications.

PART 6

Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters

58. Interpretation (Part 6).

59. Broadcasting licence.

60. Variation of broadcasting licence.

61. Emergencies.

62. Restriction on award of sound broadcasting contract.

63. Sound broadcasting contracts.

64. Community sound broadcasting contracts.

65. Applications for sound broadcasting contracts.

66. Determination of applications for award of sound broadcasting contracts and television programme service contract.

67. Fast-track application process for award of sound broadcasting contracts.

68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.

69. Terms and conditions of broadcasting contract.

70. Television programme service contract.

71. Content provision contracts.

72. Community content provision contracts.

73. Assessment of community needs in respect of broadcasting.

74. Electronic programme guides.

75. Rules with respect to programme guide contracts.

76. Transmission of broadcasting services by MMD system.

77. Must-carry and must-offer obligations.

78. Offences (Part 6).

PART 7

Public Service Broadcasting

Chapter 1

Public Service Broadcasting Corporations — Common Provisions

79. Bodies corporate.

80. Seals of corporations.

81. Appointment of board.

82. Criteria for board membership.

83. Appointment of staff member.

84. Terms and removal.

85. Chairperson.

86. Exclusions from board membership.

87. Duties of board members.

88. Meetings.

89. Director general.

90. Staff.

91. Superannuation.

92. Accountability of director general and chairperson to Oireachtas Committees.

93. Disclosure by members of corporation of certain interests.

94. Disclosure by staff and contractors for services of certain interests.

95. Code of conduct.

96. Audience council.

97. Advisory committees.

98. Independence.

99. Statement of strategy.

100. Sectoral impact assessments by Authority.

101. Public service statement.

102. Annual statement of performance commitments.

103. Ministerial consent for new services and variations in channels.

104. Establishment of subsidiaries and joint ventures.

105. Duty of corporation with respect to its revenue.

106. Advertisements.

107. Borrowings.

108. Transactions between public service and commercial opportunities.

109. Accounts and audit.

110. Reports and information.

111. Access to archives.

112. Code of fair trading practice.

Chapter 2

Provisions specific to RTÉ

113. Raidió Teilifís Éireann.

114. Principal objects and associated powers of RTÉ.

115. Broadcasting infrastructure.

116. Independent programme account.

Chapter 3

Provisions specific to TG4

117. Continuance of Teilifís na Gaeilge.

118. Principal objects and associated powers of TG4.

119. Accountability of director general of TG4 to Committee of Public Accounts.

Chapter 4

Exchange of Programme Material and Spectrum Licencing

120. Duty to supply programme material.

121. Public service broadcasting licence.

122. Emergencies.

Chapter 5

Allocation of Public Funding to RTÉ and TG4

123. Allocation of public funding.

124. Recommendations as to changes to public funding.

Chapter 6

Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann

125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).

126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.

127. Bealach Scannán na hÉireann (Irish Film Channel).

128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.

PART 8

Digital Broadcasting and Analogue Switch-Off

129. Definitions (Part 8).

130. Additional functions of RTÉ.

131. Additional functions of Authority.

132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.

133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.

134. Amendment of sound broadcasting contracts for listed simulcast services.

135. Regulations prescribing fees.

136. Applications for multiplex contracts.

137. Determination of applications for award of multiplex contracts.

138. Terms and conditions of multiplex contracts.

139. Analogue switch-off.

PART 9

Television Licence

140. Definitions (Part 9) — order — “specified place”.

141. Laying regulations and orders — Part 9.

142. Restrictions on possession of television set.

143. Grant of television licences.

144. Regulations in regard to television licences.

145. Issue of television licences by agent.

146. Request to show television licence.

147. Statutory declaration.

148. Offences for not having television licence.

149. Reminder notification and fixed payment notice.

150. Reminder notification — effective date of television licence and recovery of licence fees.

151. Prosecution of offences.

152. Miscellaneous amendments.

PART 10

Broadcasting Fund

153. Definitions (Part 10).

154. Broadcasting funding scheme.

155. Objectives of scheme.

156. Amounts to be paid by Minister to scheme.

157. Broadcasting fund.

158. Reviews of scheme.

159. Winding-up and dissolution of scheme.

PART 11

Major Events Television Coverage

160. Definitions (Part 11).

161. Application.

162. Designation of major events.

163. Consultation.

164. Broadcasters’ duties with respect to designated events.

165. Broadcasters’ duties with respect to Member State events.

166. Civil remedies.

167. Reasonable market rates.

168. Qualifying broadcaster may apply to High Court to obtain rights from event organiser to provide coverage of designated event on free television services in State, etc.

169. Arbitration in respect of reasonable market rates where event organiser is willing to sell broadcasting rights to designated event to qualifying broadcaster.

170. Criteria for determining reasonable market rates.

171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.

172. Service of directions and notification.

173. Review of designated events.

PART 12

Transitional Provisions

174. Dissolution of BCI and saver.

175. Dissolution of BCC and saver.

176. Transitional provisions — BCI.

177. Transitional provisions — BCC.

178. Final accounts of BCI.

179. Continuance of Ministerial consents given in respect of public service broadcasters.

PART 13

Wireless Telegraphy

180. Collective citations — Wireless Telegraphy Acts.

181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).

182. Matters relating to wireless telegraphy.

PART 14

Miscellaneous

183. Amendment to definitions in Copyright and Related Rights Act 2000.

184. Minister’s functions in relation to electronic communications networks and electronic communications services.

185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Sections 5 to 9 of the Wireless Telegraphy Act 1926

Acts Referred to

Number 18 of 2009

BROADCASTING ACT 2009

AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.

[12th July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General matters

Short title.

1.— This Act may be cited as the Broadcasting Act 2009.

Definitions.

2.— In this Act—

“Act of 1926” means Wireless Telegraphy Act 1926 ;

“Act of 1972” means Wireless Telegraphy Act 1972 ;

“Act of 1988” means Broadcasting and Wireless Telegraphy Act 1988 ;

“Act of 1998” means Referendum Act 1998 ;

“Act of 2001” means Broadcasting Act 2001 ;

“Authority” means Broadcasting Authority of Ireland;

“BCC” means Broadcasting Complaints Commission;

“ BCI ” means Broadcasting Commission of Ireland;

“ broadcast ” means the transmission, relaying or distribution by electronic communications network of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“ broadcaster ” means a person who supplies a compilation of programme material for the purpose of its being transmitted, relayed or distributed as a broadcasting service (whether that person transmits, relays or distributes that material as such a service or not);

“ broadcasting code ” means a code prepared under section 42 ;

“ broadcasting contract ” means a contract entered into under section 63 , 64 , 68 or 70 ;

“broadcasting contractor” means a person holding a broadcasting contract;

“broadcasting rules” means rules prepared under section 43 ;

“broadcasting service” means a service which comprises a compilation of programme material of any description and which is transmitted, relayed or distributed by means of an electronic communications network, directly or indirectly for simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and where the programmes are provided in a pre-scheduled and linear order, but does not include:

(a) a service provided in a non-linear manner where each user of the service chooses a programme from a catalogue of programmes, or

(b) other audio and audiovisual services provided by way of the Internet;

“ children ” means persons under the age of 18 years;

“ Communications Regulator ” means Commission for Communications Regulation;

“ communications media ” means—

(a) the provision of a broadcasting service,

(b) the provision of a broadcasting services platform, or

(c) the publication of newspapers or periodicals consisting substantially of news and comment on current affairs;

“community broadcaster” means a person holding a contract under sections 64 , 68 (1)(b) or 72 ;

“ community of interest ” means a group of persons with a shared interest, association or bond;

“Compliance Committee” means the committee of the Authority established to undertake the functions set out in section 28 ;

“ content provision contract ” has the meaning assigned to it in section 71 ;

“ Contract Awards Committee ” means the committee of the Authority established to undertake the functions set out in section 27 ;

“ corporation ” means RTÉ or TG4 or both, as the case may be;

“Council Directive” means Council Directive 89/552/EEC of 3 October 1989 ¹ on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 ² and by Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 ³ ;

“ director general ” means a person appointed as the director general of a corporation under section 89 (1);

“ electronic communications network ” means transmission systems including, where applicable—

(a) switching equipment,

(b) routing equipment, or

(c) other resources,

which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, and such conveyance includes the use of—

(i) satellite networks,

(ii) electricity cable systems, to the extent that they are used for the purposes of transmitting signals,

(iii) fixed terrestrial networks (both circuit-switched and packet-switched, including the Internet),

(iv) mobile terrestrial networks,

(v) networks used for either or both sound and television broadcasting, and

(vi) cable television and internet protocol television networks,

irrespective of the type of information conveyed;

“EEA Agreement” has the meaning assigned to it in the European Communities (Amendment) Act 1993 ;

“electronic programme guide” has the meaning assigned to it by section 74 ;

“electronic programme guide contract” has the meaning assigned to it by section 74 ;

“ employment ” includes—

(a) full-time employment,

(b) part-time paid employment, where such employment is ongoing in the year of appointment or which arises in subsequent years,

(c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or

(d) being retained under contract, directly or indirectly, in any capacity as an adviser, consultant or lobbyist, or for the provision of services, by or in any business related to the functions of the public body concerned;

“establishment day” means the day appointed by the Minister under section 5 to be the establishment day for the purposes of Part 2 , sections 49 , 157 and Part 12 ;

“excepted person” means a person who is under the jurisdiction of another Member State and, for the purposes of this definition, the Council Directive applies for the purpose of determining the state under the jurisdiction of which the person falls;

“exploitation of commercial opportunities object” means an activity undertaken by a corporation in pursuance of paragraph (j) of section 114 (1) or paragraph (i) of section 118 (1);

“ free-to-air service ” means a broadcasting service for the reception of which no charge is made by the person providing the service;

“ holder ” means—

(a) in relation to a contract entered into under this Act, the person with whom the Authority has entered into the contract,

(b) in relation to a licence granted under this Act or any other enactment, the person to whom the licence has been granted;

“holding company” has the same meaning as in the Companies Act 1963 ;

“interests” includes—

(a) employment by or on behalf of—

(i) any business related to the functions of the public body concerned,

(ii) any organisation representative of any business related to the functions of the public body concerned,

(b) ownership of any business related to the functions of the public body concerned,

(c) shares in, bonds or debentures of, or other like investments in any business related to the functions of the public body concerned, where the aggregate of such holdings exceeds €13,000,

(d) a directorship or shadow directorship (within the meaning of the Companies Acts) in any business related to the functions of the public body concerned, held currently or during the previous two years, or

(e) gifts of travel, holidays, transport or other benefits (in excess of €650), including benefits from any beneficial interest in or connected with any business related to the functions of the public body concerned, during the previous two years which were received by the person concerned or by his or her spouse;

“ Joint Oireachtas Committee ” means a Joint Committee of the Houses of the Oireachtas to which those Houses have assigned the role of examining matters relating to broadcasting;

“ local community ” means the community of a town or other urban or rural area;

“ media literacy ” means to bring about a better public understanding of:

(a) the nature and characteristics of material published by means of broadcast and related electronic media,

(b) the processes by which such material is selected, or made available, for publication by broadcast and related electronic media,

(c) the processes by which individuals and communities can create and publish audio or audio-visual material by means of broadcast and related electronic media, and

(d) the available systems by which access to material published by means of broadcast and related electronic media is or can be regulated;

“ Member State ” includes a state that is a contracting state to the EEA Agreement;

“ Minister ” means Minister for Communications, Energy and Natural Resources;

“ MMD system ” means a multipoint microwave distribution system used for the transmission of broadcasting services on a point to multipoint basis;

“ multiplex ” has the meaning assigned to it by section 129 ;

“ multiplex contractor ” means the holder of a contract entered into under section 131 ;

“ multiplex licence ” has the meaning assigned to it by section 129 ;

“ national emergency ” means an emergency declared under section 10 of the Act of 1926;

“ ownership ” includes any proprietary interest in any business related to the functions of the public body concerned, whether that interest is freehold, leasehold or beneficial, and applies where the interest—

(a) is held solely by the person concerned or shared with one or more persons, and

(b) has a value of €5,000 or more;

“ programme material ” means audio-visual material or audio material and includes advertisements and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services;

“ provide a broadcasting service ” means to supply a compilation of programme material for the purpose of its being transmitted, relayed or distributed as a broadcasting service;

“ public service broadcaster ” means RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel;

“ public service broadcasting licence ” means a licence issued under section 121 ;

“ public service objects ” shall mean an activity undertaken by a corporation in pursuance of paragraphs (a) to (i) of section 114 (1) or paragraphs (a) to (h) of section 118 (1);

“Raidió Teilifís Éireann” means the authority established under section 3 of the Broadcasting Authority Act 1960 ;

“ RTÉ ” means Raidió Teilifís Éireann;

“ sectoral ” means pertaining to the provision of broadcasting and broadcasting related services;

“ sound broadcasting service ” means a broadcasting service which transmits, relays or distributes, by wireless telegraphy, communications, sounds, signs or signals intended for direct reception by the general public whether such communications, sounds, signs or signals are actually received or not;

“ statutory committee ” means the Contract Awards Committee or the Compliance Committee or both, as the case may be;

“ subscription or pay-per-view basis ”, in relation to the making available of a broadcasting service, means any basis for making a charge on a person in respect of the reception by him or her of a broadcasting service, and includes the basis of making such a charge by reference to the number of items of programme material viewed by him or her;

“subsidiary” has the same meaning as in the Companies Act 1963 ;

“superannuation benefits” means pensions, gratuities or other allowances payable on resignation, retirement or death;

“Teilifís na Gaeilge” means the body established by section 44 of the Act of 2001;

“ TG4 ” means Teilifís na Gaeilge;

“television programme service” means a service which comprises a compilation of audio-visual programme material of any description and is transmitted, distributed or relayed by means of wireless telegraphy directly or indirectly for reception by the general public;

“television programme service contract” and “television programme service contractor” have the same meaning as they have in section 70 ;

“ television licence fees ” means a fee paid on a licence granted under section 143 in respect of a television set (within the meaning of section 140 );

“terrestrial means”, in relation to the transmission of a broadcasting service, means any means of transmitting such a service by wireless telegraphy, other than by means of a MMD system or a satellite device and “digital terrestrial means” shall be read accordingly;

“ transmission” includes, in the case of a MMD system, distribution and “ transmit” and “re-transmit” shall be read accordingly;

“ website ” means a website maintained on the Internet;

“ wireless telegraphy ” has the same meaning as in the Act of 1926.

Repeals.

3.— The enactments mentioned in Schedule 1 are repealed to the extent specified in the third column of Schedule 1 .

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.

PART 2

Broadcasting Authority of Ireland

Establishment day.

5.— The Minister may by order appoint a day to be the establishment day for the purposes of this Part, sections 49 , 157 and Part 12 .

Establishment of Authority, Contract Awards and Compliance Committees.

6.— There stands established, on the establishment day—

(a) a body to be known as, in the English language, the Broadcasting Authority of Ireland, or in the Irish language, Údarás Craolacháin na hÉireann, to perform the functions conferred on it by this Act, and

(b) two committees of the Authority to be known as the Contract Awards Committee and the Compliance Committee, to perform the functions conferred on those committees by this Act.

Body corporate and seal.

7.— (1) The Authority shall be a body corporate, with perpetual succession and the power to sue and be sued and to acquire, hold and dispose of land and other property.

(2) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(3) The seal of the Authority shall be authenticated by the signature of—

(a) the chairperson of the Authority or another member of the Authority, or

(b) a member of the staff of the Authority,

authorised by the Authority to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

(5) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority in that behalf.

(6) The Contract Awards Committee and Compliance Committee shall perform their functions under the seal of the Authority.

Appointment of Authority, Contract Awards Committee and Compliance Committee.

8.— (1) The members of the Authority shall be 9 in number, of which—

(a) 5 of them shall be appointed by the Government on the nomination of the Minister, and

(b) subject to subsection (2), 4 of them shall be appointed by the Government on the nomination of the Minister.

(2) Where an appointment is to be made by the Government under subsection (1)(b) or under that paragraph arising from a vacancy referred to in section 10 (11)—

(a) the Minister shall inform the Joint Oireachtas Committee of the proposed appointment,

(b) the Minister in respect of an appointment under subsection (1) (a) shall provide a statement to the Joint Oireachtas Committee indicating the relevant experience and expertise of the persons or person nominated by the Minister for appointment or appointed by the Government on the nomination of the Minister, and such other matters as the Minister considers relevant,

(c) the Joint Oireachtas Committee shall within the period of 90 days of being so informed, advise the Minister of the names of the persons or name of the person it proposes that the Minister should nominate under subsection (1) (b) giving reasons, such as relevant experience and expertise, in relation to the proposed named persons or person,

(d) the Minister shall have regard to the advice and may accept the proposed named persons or some of them or the named person or decide to nominate as he or she sees fit other persons or another person, and

(e) inform the Joint Oireachtas Committee of his or her decision.

(3) Not less than 4 of the members of the Authority shall be men and not less than 4 of them shall be women.

(4) The members of the Contract Awards Committee shall be 8 in number, of which—

(a) 4 shall be appointed by the Government on the nomination of the Minister, and

(b) 4 shall be appointed by the Authority, being 2 of the members, and 2 of the members of staff, of the Authority.

(5) The Government and the Authority shall, insofar as is practicable, endeavour to ensure that among the members of the Contract Awards Committee there is an equal balance between men and women.

(6) The members of the Compliance Committee shall be 8 in number, of which—

(a) 4 shall be appointed by the Government on the nomination of the Minister, and

(b) 4 shall be appointed by the Authority, being 2 of the members, and 2 of the members of staff, of the Authority.

(7) The Government and the Authority shall, insofar as is practicable, endeavour to ensure that among the members of the Compliance Committee there is an equal balance between men and women.

(8) The Joint Oireachtas Committee for the purposes of providing advice to the Minister under subsection (2) may establish a panel, for such duration, and consisting of such number of persons as the Joint Oireachtas Committee thinks proper.

(9) Persons placed on a panel established under subsection (8) shall have experience of or have shown capacity in one or more of the areas stated in section 9 (1) and shall be chosen with a view to representing the public interest in respect of broadcasting matters.

(10) The Joint Oireachtas Committee shall, insofar as is practicable, endeavour to ensure that among the persons placed on a panel under subsection (8) there is an equal balance between men and women.

(11) The Joint Oireachtas Committee shall have sole responsibility for the selection and placing of candidates on a panel established under subsection (8).

Criteria for membership.

9.— (1) A person shall not be appointed by the Government to be a member of the Authority or a statutory committee unless he or she has had experience of or shown capacity in one or more of the following areas—

(a) media affairs,

(b) public service broadcasting, commercial broadcasting or community broadcasting,

(c) broadcast content production,

(d) digital media technologies,

(e) trade union affairs,

(f) business or commercial affairs,

(g) matters pertaining to the development of the Irish language,

(h) matters pertaining to disability,

(i) arts, music, sport or culture,

(j) science, technology or environmental matters,

(k) legal or regulatory affairs, and

(l) social, educational or community affairs or Gaeltacht affairs.

(2) Each member of the Authority and a statutory committee shall be appointed for a period not exceeding 5 years and shall represent the public interest in respect of broadcasting matters.

(3) The Government and the Authority in setting a term of appointment under subsection (2) shall consider the need for continuity of membership of the Authority and a statutory committee.

(4) A member of the Authority or a statutory committee whose term of office expires by the effluxion of time is eligible for re-appointment.

(5) A member of the Authority or a statutory committee shall not serve more than 2 consecutive terms of office.

(6) A member of the Authority or a statutory committee appointed by the Government may at any time resign his or her office by letter addressed to the Government and the resignation shall take effect on the date specified therein or upon receipt of the letter by the Government, whichever is the later.

(7) A member of the Authority or a member of staff of the Authority who is appointed by the Authority to serve on a statutory committee may at any time resign his or her position on such committee by letter addressed to the chairperson of the Authority and the resignation shall take effect on the date specified therein or upon receipt of the letter by the chairperson of the Authority, whichever is the later.

Terms and removal.

10.— (1) There shall be paid to the members of the Authority and a statutory committee appointed by the Government, out of money at the disposal of the Authority such remuneration (if any) as the Minister, with the consent of the Minister for Finance, from time to time determines.

(2) There shall be paid to the members of the Authority and a statutory committee, out of money at the disposal of the Authority, such allowances for expenses incurred by them in the performance of their functions as the Minister, with the consent of the Minister for Finance, from time to time determines.

(3) Subject to this Part, a member of the Authority or a statutory committee shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment.

(4) The Minister shall cause a statement in writing specifying the expertise or experience, terms of office and remuneration of the members of the Authority and a statutory committee to be laid before both Houses of the Oireachtas and published in the Iris Oifigiúil.

(5) A member of the Authority or a statutory committee may at any time be removed from membership of the Authority or the statutory committee, as the case may be, by the Government if, in the Government’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Government to be necessary for the effective performance by the Authority or the statutory committee, as the case may be, of its functions, and only if, resolutions are passed by each House of the Oireachtas calling for his or her removal.

(6) A member of the Authority or a statutory committee shall cease to be and shall be disqualified from being a member of the Authority, or the statutory committee where such member—

(a) is adjudicated a bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment,

(d) is convicted of an offence involving fraud or dishonesty, or

(e) is disqualified or restricted from being a director of any company.

(7) A member of staff of the Authority who is appointed by the Authority to serve on a statutory committee shall cease to be a member of the committee on the cessation of his or her contract of service with the Authority.

(8) Where a member of the Authority or a statutory committee fails—

(a) for a consecutive period of 6 months, to attend a meeting of the Authority or the statutory committee, as the case may be, unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness,

(b) to comply with the requirements of section 21 , or

(c) to make a declaration in accordance with the requirements of section 17 of the Ethics in Public Office Act 1995 ,

the Minister may, with the consent of the Government, by order remove the member from membership of the Authority or the statutory committee, as the case may be.

(9) (a) An order made under subsection (8) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

(10) If a member (other than a member referred to in subsection (11)) of the Authority, or a statutory committee appointed by the Government on the nomination of the Minister dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the Authority, or the statutory committee, as the case may be, the Government on the nomination of the Minister, may appoint a person to be a member of the Authority or a statutory committee to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the Authority or the statutory committee, as the case may be, appointed by the Government on the nomination of the Minister who occasioned the casual vacancy.

(11) If a member of the Authority appointed by the Government on the nomination of the Minister under paragraph (b) of section 8 (1), dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the Authority, the Government on the nomination of the Minister, the Minister having regard to the advice of the Joint Oireachtas Committee, may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the Authority appointed by the Government on the nomination of the Minister under paragraph (b) of section 8 (1) who occasioned the casual vacancy.

(12) If a member of a statutory committee appointed by the Authority dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the committee, the Authority may appoint one of its members or a member of staff of the Authority to be a member of the committee to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the committee appointed by the Authority who occasioned the casual vacancy.

Chairperson of Authority or statutory committee.

11.— (1) The Government shall from time to time as occasion requires appoint, on the nomination of the Minister—

(a) a member of the Authority to be the chairperson of it,

(b) a member of the Contract Awards Committee appointed by the Government under section 8 (4) (a) to be chairperson of it, and

(c) a member of the Compliance Committee appointed by the Government under section 8 (6) (a) to be chairperson of it.

(2) A chairperson shall, unless he or she sooner dies, resigns the office of chairperson or ceases to be chairperson under subsection (4), hold office until the expiration of his or her period of office as a member of the Authority or statutory committee, as the case may be.

(3) A chairperson may at any time resign his or her office as chairperson by letter sent to the Government and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Authority or statutory committee, as the case may be, held next after the body has been informed by the Government of the resignation.

(4) Where a chairperson ceases during his or her term of office as chairperson to be a member of the Authority or statutory committee, as the case may be, he or she shall also cease to be chairperson of the body.

(5) In this section “ chairperson ” means chairperson of the Authority or a statutory committee, as the case may be.

Exclusions from membership of Authority or statutory committee.

12.— (1) Where a member of the Authority or a statutory committee is nominated as a candidate for election to the European Parliament, or to either House of the Oireachtas, he or she shall thereupon stand suspended from membership of the Authority or the statutory committee, as the case may be, and shall not be entitled to participate in meetings of the Authority or the statutory committee or receive from the Authority any remuneration or allowances in respect of the period commencing on such nomination and ending when such person is so regarded as not having been elected as the case may be.

(2) Where a member of the Authority or a statutory committee is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Authority or the statutory committee, as the case may be.

(3) Where the person who is the chief executive officer or a member of the staff of the Authority is—

(a) nominated as a member of Seanad Éireann,

(b) nominated as a candidate for election to either House of the Oireachtas or the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected as the case may be, and ending when such person ceases to be a member of either such House or that Parliament.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament, shall, while so entitled or such a member, be disqualified from becoming a member of the Authority or a statutory committee or the chief executive officer or a member of the staff of the Authority.

(5) Without prejudice to the generality of subsection (3), that subsection shall be read as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

(6) A person who holds employment or an interest in a broadcasting undertaking, including but not limited to a public service broadcaster, or an undertaking holding a contract under this Act shall be disqualified from becoming or ceases to be a member of the Authority or a statutory committee.

(7) A person who holds an interest in an undertaking which publishes a newspaper in the State shall be disqualified from becoming or ceases to be a member of the Authority or a statutory committee.

(8) A person who holds membership of the Contract Awards Committee shall be disqualified from becoming or ceases to be a member of the Compliance Committee.

(9) A person who holds membership of the Compliance Committee shall be disqualified from becoming or ceases to be a member of the Contract Awards Committee.

Meetings of Authority or statutory committee.

13.— (1) The Authority and a statutory committee shall hold such and so many meetings as may be necessary for the due performance of their functions.

(2) The Minister may fix the date, time and place of the first meeting of the Authority and a statutory committee.

(3) Subject to this Part, the Authority and a statutory committee shall regulate their procedure and practice by rules made under this section.

(4) Any rules made under this section shall be published on a website on the Internet to be maintained by the Authority.

(5) At a meeting of the Authority or a statutory committee—

(a) the chairperson of the Authority or the committee, as the case may be, shall, if present, be chairperson of the meeting, and

(b) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the Authority or the committee, as the case may be, who are present shall choose one of their number to be the chairperson of the meeting.

(6) At a meeting of the Authority or a statutory committee, each member of the Authority or the committee, as the case may be, present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Authority’s or committee’s view shall be determined by a majority of the votes of the members of the Authority or statutory committee, as the case may be, present when the vote is called and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(7) The quorum for a meeting of the Authority shall be 5.

(8) The quorum for a meeting of the Contract Awards Committee shall be 5 of which 2 shall be members appointed by the Government under section 8 (4) (a).

(9) The quorum for a meeting of the Compliance Committee shall be 5 of which 2 shall be members appointed by the Government under section 8 (6) (a).

(10) The Authority or a statutory committee may act notwithstanding one or more vacancies among its members.

(11) Subject to any rule made under subsection (3), meetings of the Authority or a statutory committee shall be capable of being held by telephone or other suitable electronic means whereby all the members of the Authority or the relevant statutory committee can hear and be heard.

Chief executive officer of Authority.

14.— (1) There shall be a chief executive officer of the Authority (“ chief executive”).

(2) The chief executive shall perform his or her functions subject to such policies as may be determined from time to time by the Authority and shall be accountable to the Authority for the efficient and effective management of the administration of the Authority, Contract Awards Committee and Compliance Committee and for the due performance of his or her functions.

(3) The chief executive may delegate his or her functions to a member of staff of the Authority, subject to such conditions as the chief executive considers appropriate, unless they are delegated to the chief executive subject to the condition that they shall not be sub-delegated, and the member of staff concerned shall be accountable to the chief executive for the performance of the functions so delegated to him or her.

(4) Notwithstanding any delegation under subsection (3) the chief executive shall at all times remain accountable to the Authority for the performance of the functions so delegated.

(5) The chief executive of the Authority shall hold office for such period and on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority, with the consent of the Minister and the Minister for Finance.

(6) The chief executive shall be appointed, by means of a public competition, by the Authority with the consent of the Minister.

(7) The Minister may appoint the chief executive of the BCI to be the interim chief executive of the Authority.

(8) Subject to subsection (10), the interim chief executive of the Authority shall hold office for such period (which period shall not in any case exceed one year after the establishment of the Authority) and on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister.

(9) Where an interim chief executive appointed under subsection (7) ceases to hold office for any reason (other than under subsection (10)) before the expiration of the period of his or her appointment, the Minister may appoint a person who shall be known as the interim chief executive who shall hold office for such period (which period shall not in any case exceed the remainder of the term of office of the person who occasioned the vacancy he or she is appointed to fill) and on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister.

(10) When a chief executive is appointed under subsection (6) or (12) the interim chief executive of the Authority shall cease to hold office.

(11) Until the appointment to the Authority of a chief executive under subsection (6) or (12), the interim chief executive of the Authority shall perform all of the functions of a chief executive under this Act.

(12) Notwithstanding subsection (6) the Authority may with the consent of the Minister appoint, without selection by means of a public competition, a person who immediately before the establishment day, was chief executive of the BCI, to be the first chief executive of the Authority.

(13) The chief executive shall not hold any other office or employment or carry on any other business without the consent of the Authority.

(14) The chief executive shall furnish the Authority with such information (including financial information) in relation to the performance of his or her functions as the Authority may from time to time require.

(15) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Authority as may, from time to time, be designated for that purpose by the Authority.

(16) The chief executive may be removed from office by the Authority with the consent of the Minister for stated reasons.

Staff.

15.— (1) The Authority shall, as well as appointing the chief executive, appoint such and so many other persons to be members of the staff of the Authority as the Authority from time to time thinks proper, subject to the prior consent of the Minister and the Minister for Finance.

(2) A person shall not be appointed under this section to be a member of the staff of the Authority unless he or she has been selected by means of a public competition.

(3) The requirement under subsection (2) of being selected by means of a public competition does not apply in relation to:

(a) a person who, immediately before the establishment day, was a member of staff of the BCI,

(b) an appointment consisting of the promotion of a person who is already a member of staff of the Authority,

(c) an office for which, in the opinion of the Authority, specialised qualifications not commonly held are required, or

(d) an office to which appointments are made for limited periods only, being periods not exceeding 2 years.

(4) A member of staff of the Authority shall hold his or her office or employment on such terms and conditions as the Authority from time to time determines, subject to the consent of the Minister and the Minister for Finance.

(5) The Authority may perform any of its functions through or by any of its members of staff duly authorised by the Authority in that behalf.

(6) The Authority shall accept into its employment, on the establishment day in accordance with this section, every person who immediately before the establishment day is a member of staff of the BCI.

(7) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of staff of the BCI who is transferred on the establishment day to the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to less beneficial conditions of service than the scale of pay to which he or she was entitled and the conditions of service to which he or she was subject immediately before the establishment day.

(8) Until such time as the scales of pay and conditions of service of members of staff so transferred are varied by the Authority, following consultation with recognised trade unions or staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed by the Authority or the chief executive, of the Authority as the case may be, while they are in its service. As provided in subsection (7), no such variation shall operate to worsen the scales of pay and conditions of service applicable to such members of staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(9) The conditions in regard to tenure of office which are granted by the Authority in relation to a member of staff so transferred shall not, while he or she is in the service of the Authority, be less favourable to him or her than those prevailing on establishment day in the BCI. Any alteration in the conditions in regard to tenure of office of any such member shall not be less favourable to him or her than the prevailing conditions in the BCI at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between the Authority and any such member of staff as to conditions prevailing in the BCI on the establishment day, the matter shall be determined by the Minister for Finance.

Superannuation.

16.— (1) As soon as may be after the establishment day, the Authority, with the consent of the Minister and the consent of the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff, including the chief executive, of the Authority.

(2) A superannuation scheme shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) The Authority may, with the consent of the Minister and the consent of the Minister for Finance, make a scheme amending or revoking a superannuation scheme including a scheme under this subsection.

(4) A superannuation scheme submitted by the Authority shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) Each superannuation scheme shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

(6) No superannuation benefits shall be granted by the Authority to or in respect of a person on ceasing to be chief executive or a member of the staff of the Authority otherwise than—

(a) in accordance with a superannuation scheme or schemes, or

(b) with the consent of the Minister and the Minister for Finance.

(7) Every superannuation scheme shall provide for not less favourable conditions in respect of persons who, immediately before establishment day, were members of staff of the BCI than those to which they were entitled immediately before establishment day.

(8) Disbursement of superannuation benefits which may be granted to or in respect of persons who, immediately before the establishment day, were members of staff of the BCI shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of monies provided by the BCI.

(9) Where a superannuation benefit falls due for payment to or in respect of a person to whom subsection (7) applies in the period beginning on the establishment day and ending immediately before the coming into operation of a scheme submitted by the Authority and approved of under this section, the allowance shall be calculated and paid by the Authority in accordance with such superannuation arrangements or such enactments in relation to superannuation, as applied to such person immediately before the establishment day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service.

(10) (a) A superannuation scheme shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a), annul the scheme.

(c) The annulment of a scheme under paragraph (b) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution.

Advisory committees.

17.— (1) The Authority may establish advisory committees to advise and assist it or a statutory committee in the performance of its functions.

(2) Where advisory committees include members other than members of the Authority or a statutory committee or staff of the Authority, such members may be paid such remuneration (if any) and allowances for expenses as the Authority considers reasonable, subject to the consent of the Minister and the Minister for Finance.

(3) The Authority may regulate the procedure of its advisory committees, but subject to such regulation, an advisory committee may regulate its own procedure.

(4) The Authority or a statutory committee and the chief executive shall have regard to, but shall not be bound by, the advice of any advisory committee under this section.

Consultants and advisers.

18.— (1) The Authority may from time to time engage such consultants or advisers as it or a statutory committee may consider necessary for the performance of the functions of the Authority or a statutory committee, and any fees due to a consultant or adviser engaged under this section shall be paid by the Authority out of monies at its disposal.

(2) The Authority or a statutory committee and the chief executive shall have regard to, but shall not be bound by, the advice of any consultant or adviser under this section.

Accountability of chief executive to Committee of Public Accounts.

19.— (1) The chief executive shall, whenever he or she is required to do so by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations,

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann, and

(e) all matters pertaining to the expenditure by the Authority of monies received under section 34 .

(2) The chief executive, if required under subsection (1) to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees.

20.— (1) In this section “ Committee ” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (4), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority and a statutory committee.

(3) Subject to subsection (4), the chairperson of the Authority or a statutory committee shall at the request in writing of a Committee, attend before it to represent the views of the Authority or a statutory committee.

(4) The chief executive or chairperson shall not be required to give account before, or represent the views of the Authority or a statutory committee to, a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(5) Where the chief executive or chairperson is of the opinion that a matter in respect of which the chief executive or chairperson is requested to give an account before, or represent the views of the Authority or a statutory committee to, a Committee is a matter to which subsection (4) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive or chairperson is before it, the information shall be so conveyed in writing.

(6) Where the chief executive or chairperson has informed a Committee of his or her opinion in accordance with subsection (5) and the Committee does not withdraw the request referred to in subsection (2) or subsection (3) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive or chairperson may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (4) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may determine the matter.

(7) Pending the determination of an application under subsection (6), the chief executive or chairperson shall not attend before the Committee to give account for or represent the views of the Authority or a statutory committee in respect of the matter the subject of the application.

(8) If the High Court determines that the matter concerned is one to which subsection (4) applies, the Committee shall withdraw the request referred to in subsection (2) or subsection (3), but if the High Court determines that subsection (4) does not apply, the chief executive or chairperson shall attend before the Committee to give account for or represent the views of the Authority or a statutory committee in respect of the matter.

Disclosure by members of Authority and statutory committee of certain interests.

21.— (1) A member of the Authority or a statutory committee who has—

(a) any interest in any body or concern with which the Authority has made a contract or proposes to make a contract, or

(b) any interest in any contract which the Authority has made or proposes to make,

shall disclose to the Authority or the committee the fact of such interest and the nature of it and shall not be present at any deliberation or decision of the Authority or the committee relating to the contract.

(2) Where at a meeting of the Authority or a statutory committee, any of the following matters arise, namely—

(a) an arrangement to which the Authority or the committee is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then, any member of the Authority or a statutory committee present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall—

(i) at the meeting disclose to the Authority or the committee the fact of such interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Authority or the committee relating to the matter, and

(v) not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where at a meeting of the Authority or a statutory committee a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, or a statutory committee of the Authority, would constitute a failure by him or her to comply with the requirements of subsections (1) or (2), the question may be determined by the Authority or the committee, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) For the purposes of this section and section 22 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter.

Disclosure by staff of Authority of certain interests.

22.— (1) Where a member of the staff of the Authority or a consultant or adviser engaged under section 18 , in a category specified before engagement by the Authority, has an interest, otherwise than in his or her capacity as such, in any contract, or any proposed contract to which the Authority is or is proposed to be a party, or in any agreement or arrangement or proposed agreement or arrangement to which the Authority or a statutory committee is or is proposed to be a party, that person—

(a) shall disclose to the Authority his or her interest and the nature of it,

(b) shall take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members of the Authority or the committee or members of the staff of the Authority in relation to it,

(c) shall not influence or seek to influence a decision to be made in the matter, and

(d) shall not make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Authority.

(3) Subsection (1) does not apply to a person as regards a contract or proposed contract for services in respect of that person.

(4) In this section “member of staff” includes the chief executive officer.

(5) Where a person to whom subsection (1) applies fails to comply with a requirement of this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.

Code of conduct.

23.— (1) The Authority shall, as soon as may be, draw up and adopt a code of conduct in respect of controls on interests and ethical behaviour to apply to each member of the Authority, a statutory committee, an advisory committee and each member of the staff of the Authority.

(2) The Authority shall, as soon as may be, draw up a code of conduct in respect of controls on interests and ethical behaviour to apply to such categories of contractors for services as the Authority may specify before engagement.

(3) The Authority shall publish on a website maintained by the Authority any code of conduct drawn up under subsections (1) and (2).

Independence.

24.— Subject to this Act, the Authority and each statutory committee shall be independent in the performance of their functions.

Objectives of Authority.

25.— (1) The Authority and the statutory committees, in performing their functions, shall endeavour to ensure—

(a) that the number and categories of broadcasting services made available in the State by virtue of this Act best serve the needs of the people of the island of Ireland, bearing in mind their languages and traditions and their religious, ethical and cultural diversity,

(b) that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld, and

(c) the provision of open and pluralistic broadcasting services.

(2) Without prejudice to the generality of subsection (1), the Authority, and the statutory committees, shall—

(a) stimulate the provision of high quality, diverse and innovative programming by commercial, community and public service broadcasters and independent producers,

(b) facilitate public service broadcasters in the fulfilment of their public service objects as set out in this Act,

(c) promote diversity in control of the more influential commercial and community broadcasting services,

(d) provide a regulatory environment that will sustain independent and impartial journalism,

(e) provide a regulatory environment that will sustain compliance with applicable employment law,

(f) protect the interests of children taking into account the vulnerability of children and childhood to undue commercial exploitation,

(g) provide a regulatory environment that will facilitate the development of a broadcasting sector in Ireland that is responsive to audience needs and in particular is accessible to people with disabilities, and

(h) promote and stimulate the development of Irish language programming and broadcasting services.

(3) The Authority and the statutory committees, in performing their functions, shall seek to ensure that measures taken—

(a) are proportionate having regard to the objectives set out in this section,

(b) are applied across the range of broadcasting services taking account of the degree of influence that the different types of broadcasting services are able to exert in shaping audience views in the State,

(c) are mindful of the objects, functions and duties set for public service broadcasters in Parts 7 and 8,

(d) will produce regulatory arrangements that are stable and predictable, and

(e) will readily accommodate and encourage technological development, and its application, by the broadcasting sector.

Functions of Authority.

26.— (1) The principal functions of the Authority are to—

(a) prepare a strategy for the provision of broadcasting services in the State additional to those provided by RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel,

(b) prepare a statement under section 29 (1),

(c) liaise and consult with the Communications Regulator in the preparation of the allocation plan for the frequency range dedicated to sound and television broadcasting,

(d) make a levy order under section 33 (1),

(e) prepare or make broadcasting codes and rules,

(f) prepare a scheme for the exercise of the right of reply,

(g) direct the Contract Awards Committee to make arrangements, in accordance with Parts 6 and 8, to invite, consider and recommend to the Authority, and the Authority shall follow such recommendation, proposals for the provision of—

(i) broadcasting services additional to any broadcasting services provided by RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel under Part 7 , and

(ii) multiplex services additional to any multiplex services provided by RTÉ under Parts 7 and 8,

(h) prepare rules and enter into contracts in respect of electronic programme guides,

(i) determine disputes arising under section 76 (2) and section 77 (5),

(j) make a report to the Minister under section 77 (15),

(k) consult with the Minister under sections 101 (3), 102 (3), 103 (4), 104 (1), (2) and (3), 106 (3), 107 (3), 111 (4), 112 (2), (7) and (11), 116 (5), 127 (6), 130 (1) and 130 (12),

(l) prepare and issue guidance to RTÉ and TG4 as to the fulfilment of their obligations under sections 109 (11) and 112 (2),

(m) undertake a review under section 124 (2) and (8) and section 128 (3),

(n) make a recommendation under section 124 (5) and (12),

(o) make a request under section 115 , section 130 (10), section 132 (3) or section 133 (3) or (4),

(p) make a report to the Minister under section 139 (1) in respect of preparedness for analogue switch-off,

(q) provide information to the public on the availability of services by means of television multiplexes, and

(r) prepare and implement schemes for the granting of funds under Part 10 .

(2) The Authority has the following ancillary functions—

(a) to collect and disseminate information on the broadcasting sector in the State,

(b) to monitor developments in broadcasting internationally,

(c) to initiate, organise, facilitate and promote research relating to broadcasting matters,

(d) to collect and disseminate information in relation to the skills requirements of the broadcasting sector,

(e) to co-operate with other bodies, including representative bodies within the broadcasting sector, to promote training activities in areas of skill shortages in the broadcasting sector,

(f) to co-operate with other bodies outside the State which perform similar functions to the Authority, and

(g) to undertake, encourage and foster research, measures and activities which are directed towards the promotion of media literacy, including co-operation with broadcasters, educationalists and other relevant persons.

(3) In fulfilling its function under subsection (1) (a) the Authority shall consider the needs of community broadcasters in respect of digital broadcasting.

(4) For the purposes of the independent discharge of their functions and duties as set out in this Part, the Authority or a statutory committee may enter into agreements with one another.

(5) The Minister may confer on the Authority by order such other additional functions in relation to broadcasting services as he or she may from time to time consider necessary.

(6) (a) An order made under subsection (5) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

Functions of Contract Awards Committee.

27.— The principal functions of the Contract Awards Committee, at the direction of the Authority, are to make arrangements in accordance with Parts 6 and 8, to invite, consider and recommend to the Authority, and the Authority shall follow such recommendation, proposals for the provision of—

(a) broadcasting services additional to any broadcasting services provided by RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel under Part 7 , and

(b) multiplex services additional to any multiplex services provided by RTÉ under Parts 7 and 8.

Functions of Compliance Committee.

28.— (1) The principal functions of the Compliance Committee are to—

(a) monitor compliance by contractors with the terms and conditions of any contract entered into by the Authority on the recommendation of the Contract Awards Committee under this Act,

(b) enforce the terms and conditions of any contract entered into by the Authority on the recommendation of the Contract Awards Committee under this Act,

(c) monitor compliance by—

(i) broadcasters with sections 39 , 40 and 41 ,

(ii) RTÉ and TG4 with section 106 (3), and

(iii) the Irish Film Channel with section 127 (6),

(d) enforce compliance by—

(i) broadcasters with sections 39 , 40 and 41 ,

(ii) RTÉ and TG4 with section 106 (3), and

(iii) the Irish Film Channel with section 127 (6),

(e) monitor compliance by broadcasters with any broadcasting code or rule,

(f) enforce compliance by broadcasters with any broadcasting code or rule,

(g) investigate and decide upon a complaint made under section 48 , and

(h) investigate and decide upon a request made under section 49 .

(2) The Compliance Committee has the following additional functions—

(a) at the request of the Minister, to report on compliance by a corporation under sections 108 (3), 109 (13), 111 (11), and 112 (10),

(b) at the request of the Minister, to report on the proportion of the television programme service of a broadcaster which is—

(i) produced in the State or in another Member State, and

(ii) devoted to original programme material produced therein by persons other than the broadcaster, his or her subsidiary, his or her parent or existing broadcasting organisations.

(3) The Compliance Committee may delegate some of its functions to a member of staff of the Authority, who is not a member of the Compliance Committee, subject to such conditions as the Compliance Committee considers appropriate and the member of staff concerned shall be accountable to the Compliance Committee for the performance of the functions so delegated to him or her.

(4) The Compliance Committee may delegate some of its functions to a subcommittee of the Compliance Committee, subject to such conditions as the Compliance Committee considers appropriate.

(5) The Compliance Committee shall review on an ongoing basis the extent to which the television broadcasts of broadcasters under the jurisdiction of another Member State which are wholly or mainly directed towards audiences in the State comply with broadcasting codes, in particular the codes referred to in section 42 (2) (g) and (h).

(6) The Compliance Committee shall each year make a report to the Minister in respect of the matters in subsection (5).

(7) The Minister shall cause a copy of the report referred to in subsection (6) to be laid before each House of the Oireachtas.

Strategy statements.

29.— (1) The Authority shall draw up and adopt a statement of strategy (“ strategy statement ”) reflecting the statutory functions of the Authority, the Contract Awards Committee and the Compliance Committee.

(2) A strategy statement shall—

(a) comprise the key objectives, outputs and related strategies, including use of resources,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister,

(c) have regard to the need to ensure the most beneficial, effective and efficient use of resources,

(d) except for the first strategy statement, include a review of the efficiency and effectiveness of the statement during the preceding 3 year period,

(e) be adopted within 12 months of the establishment day and every 3 years thereafter,

(f) consider any policy communication under section 30 , and

(g) include the Authority’s plans as to the number, nature and scope of contracts that it proposes to enter into on the recommendation of the Contract Awards Committee during the period covered by the statement.

(3) The Authority shall present a copy of the strategy statement to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct.

(4) The Authority shall consult with the members of the Contract Awards Committee and the Compliance Committee in drawing up a strategy statement under subsection (1).

(5) Prior to the adoption of a strategy statement and its presentation to the Minister, the Authority shall undertake a public consultation process on a draft of the strategy statement.

Policy communications.

30.— (1) In the interests of the proper and effective regulation of the broadcasting sector and the formulation of policy applicable to such proper and effective regulation, the Minister may issue such policy communications to the Authority as he or she considers appropriate to be followed by the Authority in the performance of its functions. The Authority in performing its functions, shall have regard to any such communications.

(2) Before issuing a communication, the Minister shall give to the Authority and publish a draft of the proposed communication and—

(a) give the reasons for it, and

(b) specify the period (being not less than 21 days from the date of giving it to the Authority or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.

(3) The Minister, having considered any representations made under subsection (2), may issue the communication with or without amendment.

(4) Where the Minister proposes to prepare a communication which, in the opinion of the Minister, has or may relate to the functions of another Minister of the Government, the Minister shall not issue to the Authority or publish a draft of the proposal under subsection (2) without prior consultation with that other Minister of the Government.

(5) The Minister shall not issue a communication in respect of the performance of the functions of the Authority in respect of individual undertakings or persons.

(6) The Minister shall not issue a communication under subsection (1) in respect of the performance of the functions of the Contract Awards Committee or the Compliance Committee.

(7) A communication shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made.

(8) In this section “ communication ” means a policy communication under this section.

Powers.

31.— (1) The Authority and a statutory committee shall have all the powers necessary, incidental or conducive to their functions.

(2) Without prejudice to the generality of subsection (1), the Authority shall have power necessary, incidental or conducive to its functions—

(a) to make contracts, agreements and arrangements,

(b) to require contractors to enter into financial bonds with the Authority on the recommendation of the Contract Awards Committee,

(c) to acquire and make use of copyrights, patents, licences, privileges and concessions,

(d) to compile, prepare, publish and distribute, with or without charge, printed, audio and audio-visual material,

(e) subject to the consent of the Minister, to arrange for the provision of broadcasting and related services for and on behalf of any Minister of the Government, and

(f) to undertake, sponsor or commission research.

(3) The Authority may invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

Duties of Authority and statutory committees.

32.— (1) In this section “ commercially sensitive information ” means—

(a) financial, commercial, technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the party to which it relates, or could prejudice the competitive position of that party in the conduct of its business, or

(b) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the party to which it relates.

(2) It is the duty of the Authority to so conduct its affairs as to secure that its revenue becomes as soon as possible, and thereafter continues to be, at least sufficient to meet its expenses.

(3) The Authority and its statutory committees shall have a duty to keep the performance of their functions under review with a view to securing that regulation by the Authority and its statutory committees does not involve—

(a) the imposition of administrative burdens which are unnecessary, or

(b) the maintenance of administrative burdens which have become unnecessary.

(4) In reviewing its duty under subsection (3) the Authority and its statutory committees shall, from time to time, publish a statement setting out how they propose, during the period for which the statement is made, to ensure that regulation by the Authority and the statutory committees does not involve the imposition or maintenance of unnecessary administrative burdens.

(5) The first statement to be published under this section must be published within a period of 2 years after the establishment day and shall be for a period of 3 years.

(6) A subsequent statement—

(a) must be published during the period to which the previous statement related, and

(b) must be a statement for the period of 3 years beginning with the end of the previous period.

(7) It is the duty of the Authority and the statutory committees in performing their functions at times during a period for which a statement is in force under this section, to have regard to that statement.

(8) The Authority or a statutory committee may, if they think fit, revise a statement under this section at any time before or during the period for which it is made.

(9) Where the Authority or a statutory committee revise a statement, they must publish the revision as soon as practicable.

(10) The Authority shall not disclose commercially sensitive information obtained from a corporation or the holder of a contract under Part 6 or 8 in pursuance of the Authority’s functions under this Act.

(11) The Authority is not contravening subsection (10) if the disclosure—

(a) is made with the consent of the corporation or the holder of a contract under Part 6 or 8 to which it relates, or

(b) is required by law.

Levy.

33.— (1) For the purpose of meeting expenses properly incurred by the Authority, the Contract Awards Committee and the Compliance Committee in the performance of their functions, the Authority shall make an order imposing a levy on public service broadcasters and broadcasting contractors.

(2) Whenever a levy order is made there shall be paid to the Authority by public service broadcasters and each broadcasting contractor such amount as shall be appropriate having regard to the terms of the levy order.

(3) The Authority may make separate levy orders for public service, commercial and community broadcasters and for particular classes of broadcasting contractors.

(4) A levy order shall provide for the collection, payment and administration of a levy, including all or any of the following—

(a) the method of calculation of the levy,

(b) the times at which payment will be made and the form of payment,

(c) the keeping, inspection and provision of records relating to the levy, and

(d) any exemptions, deferrals or refunds of the levy.

(5) Any surplus of levy income over the expenses incurred by the Authority in the discharge of its functions relevant to that levy in a particular financial year shall either—

(a) be retained by the Authority to be offset against levy obligations for the subsequent year, or

(b) be refunded proportionately to the providers of broadcasting services on whom the levy is imposed.

(6) The Authority may recover as a simple contract debt in any court of competent jurisdiction a levy from any person by whom it is payable.

(7) (a) A levy order shall be laid before each House of the Oireachtas by the Authority as soon as may be after it is made.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a levy order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of a levy order takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the order before the passing of the resolution.

(8) In this section “ levy order ” means an order imposing a levy under subsection (1).

Exchequer funding.

34.— (1) Where in the opinion of the Minister an expense incurred by the Authority in performing its functions is of an exceptional nature, the Minister, after consultation with the Authority and with the consent of the Minister for Finance, may from time to time pay to the Authority such an amount as he or she determines to be reasonable for the purposes of defraying expenses incurred by the Authority and its statutory committees in performing their functions under this Act.

(2) The Minister, with the approval of the Minister for Finance, may pay to the Authority such amount as he or she considers reasonable in respect of the expenses of the Authority and its statutory committees for the one year period from the establishment day.

Borrowings.

35.— (1) The Authority may, with the approval of the Minister, given with the consent of the Minister for Finance, borrow temporarily such sums as it may require for the purpose of providing for current expenditure.

(2) The Authority may, with the approval of the Minister, given with the consent of the Minister for Finance, borrow money by means of the creation of stock or other forms of security to be issued, transferred, dealt with and redeemed in such manner and on such terms and conditions as the Authority, with the consent of the Minister for Finance, may determine.

(3) The borrowing powers conferred by subsection (2) on the Authority may, subject to the consent of the Minister, be exercised for any purpose arising in connection with the performance of its functions, but there may be attached to a consent to borrow the condition that the monies shall be utilised only for the purpose of a programme of capital works approved by the Minister.

(4) The terms upon which monies are borrowed under subsection (2) may include provisions charging the monies and interest thereon upon all property of whatsoever kind for the time being vested in the Authority or upon any particular property of the Authority and provisions establishing the priority of such charges amongst themselves.

Deposits and charges for services.

36.— (1) A deposit may be payable by a person, of such an amount as the Contract Awards Committee considers reasonable, in respect of an application made by the person to the Contract Awards Committee for the entry into, by the Authority, on the recommendation of the Contract Awards Committee, with the person, of a broadcasting contract.

(2) The Authority may make a charge for services or facilities provided by it.

(3) Any surplus of income over the expenses incurred by the Authority in respect of subsection (2) in a particular financial year shall be applied in such manner as the Minister, after consultation with the Authority and with the approval of the Minister for Finance, may direct, and any such direction may require that all, or part as may be specified in the direction, of such excess be paid into the Central Fund.

(4) The Authority may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section.

Accounts and audits.

37.— (1) The chief executive, following the agreement of the Authority, shall not later than 30 September in each year, submit estimates of income and expenditure to the Minister in respect of the subsequent three financial years, in such form as may be required by the Minister, and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the Authority, the Contract Awards Committee and the Compliance Committee of their functions, as required.

(2) The chief executive, under the direction of the Authority, shall cause to be kept, on a continuous basis, all proper books and records of account of all income and expenditure of the Authority, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Authority and shall keep and shall account to the Authority for all such special accounts required by Part 10 , and as the Authority, with the consent of the Minister, or the Minister may from time to time direct should be kept.

(3) (a) The Authority, the chief executive and any relevant member of the staff of the Authority shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period and shall facilitate any such examination.

(b) In this subsection “relevant member of the staff of the Authority” means a member of the staff of the Authority in respect of whom there have been duly assigned duties which relate to the books or other records of account referred to in paragraph (a).

(4) The accounts of the Authority for each financial year shall be kept in such a form and manner as may be specified by the Minister with the consent of the Minister for Finance and be prepared by the chief executive and approved by the Authority as soon as practicable but not later than 3 months after the end of the financial year to which they relate for submission to the Comptroller and Auditor General for audit.

(5) A copy of the accounts referred to in subsection (4) and the report of the Comptroller and Auditor General thereon shall, immediately after the audit of the Comptroller and Auditor General, be presented to the members of the Authority and to the Minister as soon as may be but not later than 6 months after the end of the financial year to which they relate and the Minister shall cause a copy of these documents to be laid before each House of the Oireachtas.

(6) The financial year of the Authority shall be the period of 12 months ending on 31 December in any year, and for the purposes of this section the period commencing on the establishment day and ending on the following 31 December is deemed to be a financial year.

(7) The Authority shall publish, with the consent of the Minister and the Minister for Finance, on a website maintained by the Authority, such estimates of income and expenditure as are required to be prepared under subsection (1) or a summary of them.

Reports to Minister.

38.— (1) The Authority shall, not later than 30 June in each year, make a report to the Minister (in this section referred to as an “annual report”) in such form as the Minister may approve, on the performance of its functions and on its activities, during the preceding year. The Minister shall cause copies of each annual report to be laid before each House of the Oireachtas.

(2) An annual report shall include details of any scheme approved under Part 10 .

(3) An annual report shall include a report to the Minister by each statutory committee in such form as the Minister may approve, on the performance of its functions and on its activities, during the preceding year.

(4) An annual report shall include a report to the Minister on progress made towards increasing accessibility of broadcasting services to people with disabilities, and in particular, on progress made to achieve the targets set out in any broadcasting rules.

(5) An annual report shall include a report to the Minister in respect of contracts entered into by the Authority under section 67 and any consequent strategy the Authority proposes to adopt to encourage competition in respect of the award of sound broadcasting contracts, excluding contracts entered into under sections 64 and 68 .

(6) An annual report shall include a report to the Minister of the attendance of members of the Authority and each statutory committee at their meetings during the preceding year.

(7) An annual report shall include information in such form and regarding such matters as the Minister may direct.

(8) The Authority and each statutory committee may, from time to time, make such other reports to the Minister relating to their functions as they think fit or as the Minister may require.

(9) In addition to information provided by the Authority in its annual report and in any reports made under subsection (8), the Authority and each statutory committee shall supply to the Minister such information as the Minister may from time to time require regarding the performance of their functions.

PART 3

Broadcasters — Duties, Codes and Rules

Duties of broadcasters.

39.— (1) Every broadcaster shall ensure that—

(a) all news broadcast by the broadcaster is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s own views,

(b) the broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of his or her own views, except that should it prove impracticable in relation to a single broadcast to apply this paragraph, two or more related broadcasts may be considered as a whole, if the broadcasts are transmitted within a reasonable period of each other,

(c) in the case of sound broadcasters a minimum of—

(i) not less than 20 per cent of the broadcasting time, and

(ii) if the broadcasting service is provided for more than 12 hours in any one day, two hours of broadcasting time between 07.00 hours and 19.00 hours,

is devoted to the broadcasting of news and current affairs programmes, unless a derogation from this requirement is authorised by the Authority under subsection (3),

(d) anything which may reasonably be regarded as causing harm or offence, or as being likely to promote, or incite to, crime or as tending to undermine the authority of the State, is not broadcast by the broadcaster, and

(e) in programmes broadcast by the broadcaster, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.

(2) Nothing in subsection (1) (a) or (b) prevents a broadcaster from transmitting party political broadcasts provided that a broadcaster does not, in the allocation of time for such broadcasts, give an unfair preference to any political party.

(3) Notwithstanding subsection (1)(c), the Authority may authorise a derogation from the requirement in question in whole or in part in the case of a sound broadcasting service but only if it is satisfied that the authorisation of such a derogation would be beneficial to the listeners of the sound broadcasting service.

(4) The sound broadcasting services established and maintained by RTÉ are deemed to be one sound broadcasting service for the purposes of subsection (1)(c).

(5) A broadcaster shall ensure that the broadcast treatment of any proposal, being a proposal concerning policy as regards broadcasting, which is of public controversy or the subject of current public debate, which is being considered by the Government or the Minister, shall be reported and presented in an objective and impartial manner.

(6) Paragraphs (a) and (b) of subsection (1), in so far as they require the broadcaster not to express his or her own views, do not apply to any broadcast made under subsection (5).

Recording of broadcasts.

40.— (1) A broadcaster, by means of its own facilities and in a manner approved of for the purposes of this section by the Compliance Committee, shall record every broadcast made by the broadcaster or every item of programme material supplied by him or her under a broadcasting contract or a content provision contract.

(2) Recordings made in compliance with subsection (1), shall be retained by the broadcaster for such period as stands determined by the Compliance Committee for the purposes of this section.

(3) When a complaint is being investigated by the Compliance Committee under section 48 , the recording of a broadcast to which the complaint relates, together with the recording, made and being retained under this section, of any other broadcast which in the opinion of the Compliance Committee is relevant to that broadcast, shall be supplied by the broadcaster to the Compliance Committee on a request made by the Compliance Committee at any time during such period.

(4) The making or retaining of a recording in compliance with subsection (1) is not a contravention of the Copyright and Related Rights Act 2000 .

Advertising.

41.— (1) A programme broadcast in a broadcasting service may include advertisements inserted in it.

(2) The total daily times for broadcasting advertisements in a sound broadcasting service must not exceed a maximum of 15 per cent of the total daily broadcasting time and the maximum time to be given to advertisements in any hour shall not exceed a maximum of 10 minutes.

(3) A broadcaster shall not broadcast an advertisement which is directed towards a political end or which has any relation to an industrial dispute.

(4) A broadcaster shall not broadcast an advertisement which addresses the issue of the merits or otherwise of adhering to any religious faith or belief or of becoming a member of any religion or religious organisation.

(5) Nothing in subsection (3) is to be read as preventing the broadcasting of a party political broadcast provided that a broadcaster does not, in the allocation of time for such broadcasts, give an unfair preference to any political party.

(6) Subsection (3) does not apply to advertisements broadcast at the request of the Referendum Commission in relation to a matter referred to in section 3 of the Act of 1998 concerning a referendum.

(7) In this section, references to advertisements shall be read as including references to advertising matter contained in sponsored programmes, that is to say, in programmes supplied for advertising purposes by or on behalf of an advertiser.

Broadcasting codes.

42.— (1) The Authority shall prepare, and from time to time as occasion requires, revise, in accordance with this section, a code or codes governing standards and practice (“ broadcasting code ”) to be observed by broadcasters.

(2) Broadcasting codes shall provide—

(a) that all news broadcast by a broadcaster is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s own views,

(b) that the broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of the broadcaster’s own views,

(c) that anything being likely to promote, or incite to, crime, or as tending to undermine the authority of the State, is not broadcast by a broadcaster,

(d) that in programmes broadcast by a broadcaster, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon,

(e) that a broadcaster does not, in the allocation of time for transmitting party political broadcasts, give an unfair preference to any political party,

(f) that in respect of programme material broadcast by a broadcaster that audiences are protected from harmful or offensive material, in particular, that programme material in respect of the portrayal of violence and sexual conduct, shall be presented by a broadcaster—

(i) with due sensitivity to the convictions or feelings of the audience, and

(ii) with due regard to the impact of such programming on the physical, mental or moral development of children,

(g) that advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service, in particular advertising and other such activities which relate to matters likely to be of direct or indirect interest to children, protect the interests of children having particular regard to the general public health interests of children,

(h) that advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service, other than advertising and other activities as aforesaid falling within paragraph (g), protect the interests of the audience,

(i) that the provision of a broadcasting service which has, as one of its principal objectives, the promotion of the interests of any organisation, protects the interests of the audience, and

(j) for the matters required to be provided for by Chapters IIA, IV and V of the Council Directive.

(3) In preparing or revising a broadcasting code, the Authority shall have regard to each of the following matters—

(a) the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description,

(b) the likely size and composition of the potential audience for programmes included in television and sound broadcasting services generally, or in television and sound broadcasting services of a particular description,

(c) the likely expectation of the audience as to the nature of a programme’s content and the extent to which the nature of a programme’s content can be brought to the attention of potential members of the audience,

(d) the likelihood of persons who are unaware of the nature of a programme’s content being unintentionally exposed, by their own actions, to that content,

(e) the desirability of securing that the content of a broadcasting service identifies when there is a change affecting the nature of the service that is being watched or listened to and, in particular, a change that is relevant to the application of the codes set under this section, and

(f) the desirability of maintaining the independence of editorial control over programme content.

(4) A broadcasting code prepared by the Authority under subsection (2)(g) may prohibit the advertising in a broadcasting service of a particular class or classes of foods and beverages considered by the Authority to be the subject of public concern in respect of the general public health interests of children, in particular those which contain fat, trans-fatty acids, salts or sugars.

(5) In preparing a broadcasting code under subsection (2) (g) the Authority may consult with the relevant public health authorities.

(6) Whenever the Authority prepares or revises a broadcasting code relating to the matter in question every broadcaster shall comply with such broadcasting code and any revision of it.

(7) A copy of any broadcasting code shall be presented to the Minister as soon as may be after it is made.

(8) In this section and section 43 “teleshopping material” means material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services.

(9) The following codes prepared under section 19 of the Act of 2001, namely—

(a) the Code of Programme Standards (10 April 2007),

(b) the Children’s Advertising Code (1 January 2005), and

(c) the Advertising Code (10 April 2007),

if in force on the passing of this Act, continue in force as if made under the corresponding provision of this section and have effect accordingly.

Broadcasting rules.

43.— (1) The Authority shall, subject to the requirements of section 41 (2) and, in accordance with subsection (4), prepare, and from time to time as occasion requires, revise rules (“ broadcasting rules ”) with respect to—

(a) the total daily times that shall be allowed for the transmission of advertisements and teleshopping material on a broadcasting service, in respect of a contract under Part 6 ,

(b) the maximum period that shall be allowed in any given hour for the transmission of advertisements and teleshopping material (within the meaning of section 42 (8)) on such a broadcasting service, and the Authority may make different such rules with respect to different classes of broadcasting service,

(c) the specific steps each broadcaster is required to take to promote the understanding and enjoyment by—

(i) persons who are deaf or have a hearing impairment,

(ii) persons who are blind or partially sighted, and

(iii) persons who have a hearing impairment and are partially sighted,

of programmes transmitted on any broadcasting service provided by the broadcaster.

(2) Without prejudice to the generality of subsection (1)(c), broadcasting rules with respect to that paragraph shall require each broadcaster of audio-visual material to take specified steps to provide access to that material by persons who are deaf or have a hearing impairment, persons who are blind or partially sighted, and persons who have a hearing impairment and are partially sighted by means of specified services such as—

(a) sign language,

(b) teletext services,

(c) subtitling, and audio description, and

(d) have regard to whether the foregoing material is being provided—

(i) daily or at other regular intervals,

(ii) at popular viewing times as well as at other times, and

(iii) for news and news-related matters as well as for other matters.

(3) Rules under subsection (1)(c) may, in respect of any period specified in them beginning on or after the passing of this Act, require a broadcaster to ensure that a specified percentage of programmes transmitted on a broadcasting service provided by him or her in that period employs specified means by which the understanding and enjoyment by persons referred to in subparagraphs (i), (ii) and (iii) of that paragraph of that percentage of programmes may be promoted.

(4) Broadcasting rules shall provide for the matters required to be provided for by Chapters IIA, IV and V of the Council Directive.

(5) Whenever the Authority prepares or revises a broadcasting rule relating to the matter in question every broadcaster shall comply as required with such rule and any revision of it.

(6) The Authority shall every two years, or such lesser period as it may decide, review a broadcasting rule made under subsection (1)(c).

(7) In carrying out a review under subsection (6) the Authority shall consider the quality of services provided by broadcasters in endeavouring to comply with a broadcasting rule made under subsection (1)(c).

(8) The following rules namely—

(a) Access Rules (1 January 2005) prepared under section 19 of the Act of 2001, and

(b) rules with respect to the maximum daily and hourly limits on advertising and teleshopping continued under section 19 of the Act of 2001,

if in force on the passing of this Act, continue in force as if made under the corresponding provision of this section and have effect accordingly.

Inspection of draft broadcasting codes and rules.

44.— (1) Before preparing a broadcasting code or making a broadcasting rule, the Authority shall make available for inspection on request by any person a draft of the broadcasting code it proposes to prepare or the broadcasting rule it proposes to make and shall have regard to any submissions made to it, within such period as it specifies for the purpose, by that person in relation to the draft before it prepares the broadcasting code or makes the broadcasting rule concerned.

(2) The Authority shall cause to be published on a website maintained by the Authority, and may cause to be published in a newspaper circulating in the State, notice of the fact that, under subsection (1), a draft referred to in that subsection is available for inspection, of the place at which or the means by which the draft can be inspected and of the period specified by it under that subsection within which submissions may be made to it in relation to the draft.

Presentation of broadcasting codes and rules to Minister.

45.— (1) A copy of any broadcasting code or rule shall be presented to the Minister as soon as may be after it is made.

(2) (a) The Minister shall, as soon as may be after the receipt by him or her of a copy of any broadcasting code or rule made, cause copies of it to be laid before both Houses of the Oireachtas.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a broadcasting code or rule was laid before it in accordance with paragraph (a), annul the code or rule.

(c) The annulment of a broadcasting code or rule under paragraph (b) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the code or rule before the passing of the resolution.

(3) Subject to the requirements of section 43 (6) the Authority shall, once in each period of 4 years, beginning with the period of 4 years commencing on the date of the preparation of the broadcasting code or rule, review the effect of the broadcasting code or rule, and shall prepare a report in relation to that review and furnish the report to the Minister.

(4) The Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas.

Co-operation with other parties — standards and self-regulation.

46.— (1) In this section “self-regulatory system” means a system whereby the members of a group of persons with a shared interest voluntarily adhere to rules or code of conduct established by that group.

(2) The Authority may co-operate with or give assistance to one or more persons (whether residing or having their principal place of business in the State or elsewhere) in—

(a) the preparation by that person or those persons of standards, or

(b) the establishment and administration by that person or those persons of a self-regulatory system,

in respect of broadcasting content or related electronic media.

PART 4

Redress

Code of practice — complaints handling.

47.— (1) A broadcaster shall give due and adequate consideration to a complaint on one or more of the grounds specified in section 48 (1), made in writing by a person in respect of the broadcasting service provided by the broadcaster which, in the opinion of the broadcaster, has been made in good faith and is not of a frivolous or vexatious nature.

(2) A complaint under subsection (1) shall be made to the broadcaster not more than 30 days after—

(a) in case the complaint relates to one broadcast, the date of the broadcast,

(b) in the case of 2 or more unrelated broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts, or

(c) in case the complaint relates to 2 or more related broadcasts of which at least 2 are made on different dates, the later or latest of those dates.

(3) A broadcaster shall prepare and implement a code of practice for the handling of complaints made under subsection (1). The code of practice shall make provision for the following matters—

(a) an initial point of contact for complainants, including an electronic-mail address,

(b) a time period within which the broadcaster shall respond to complaints, and

(c) the procedures to be followed by the broadcaster in the resolution of complaints.

(4) A broadcaster shall publish on a website maintained by the broadcaster, and generally make available, a copy of the code of practice prepared under subsection (3).

(5) The Compliance Committee may prepare and publish guidance for broadcasters for the purposes of ensuring compliance with subsection (3).

(6) A broadcaster shall supply the information required under subsection (3) to the Compliance Committee who shall cause such information to be published on a website maintained by the Authority.

(7) A broadcaster shall keep a record of complaints made under subsection (1) and of any reply made thereto for a period of 2 years from the date of receipt of the complaint.

(8) A broadcaster shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by the broadcaster under subsection (7).

Complaints process.

48.— (1) Subject to this section, the Compliance Committee may investigate and decide upon any of the following complaints—

(a) a complaint that in broadcasting news given by it and specified in the complaint, a broadcaster did not comply with one or more of the requirements of section 39 (1)(a) and (b),

(b) a complaint that in broadcasting a programme specified in the complaint, a broadcaster either did not comply with one or more of these requirements or was in breach of the prohibition contained in section 39 (1)(d),

(c) a complaint that on an occasion specified in the complaint, there was an encroachment by a broadcaster contrary to section 39 (1) (e),

(d) a complaint that on an occasion specified in the complaint, a broadcaster failed to comply with a provision of a broadcasting code providing for the matters referred to in section 42 (2)(a) to (d) and section 42 (2)(f), (g) and (h).

(2) A complaint under subsection (1) shall be in writing and be made to the Compliance Committee not more than 30 days after—

(a) in case the complaint relates to one broadcast, the date of the broadcast,

(b) in the case of 2 or more unrelated broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts, or

(c) in case the complaint relates to 2 or more related broadcasts of which at least 2 are made on different dates, the later or latest of those dates.

(3) The Compliance Committee may, at their discretion, refer the complaint in the first instance to the broadcaster, for consideration in accordance with a code of practice prepared under section 47 (3).

(4) Where the Compliance Committee proposes to investigate a complaint made under this section the Committee shall afford to the broadcaster to whom the complaint relates (hereafter in this section referred to as the “broadcaster concerned”) 7 days or such further period as the Committee allows to comment on the complaint.

(5) Where a complaint is made to the Compliance Committee under subsection (1) and—

(a) a person employed by the broadcaster concerned in the making of any programme the subject of the complaint, or

(b) if the making of any programme the subject of the complaint was commissioned by the broadcaster concerned, the person commissioned to make that programme,

requests, for reasons specified by him or her, the Compliance Committee to afford to him or her an opportunity to comment on the complaint, the Compliance Committee shall, having considered the reasons so specified, afford to the person 7 days or such further period as the Committee allows to comment on the complaint if, but only if, they are satisfied that, as appropriate—

(i) an interest of the person referred to in paragraph (a), being an interest which the Compliance Committee consider relevant to the person’s employment by the broadcaster concerned, or

(ii) the prospects of the person referred to in paragraph (b) obtaining further commissions in respect of programmes from the broadcaster concerned,

may, because of the complaint, be adversely affected.

(6) When the Compliance Committee proposes to consider a complaint that a broadcaster failed to comply with the provision of a broadcasting code providing for the matters referred to in section 42 (2) (g) or (h) the Compliance Committee shall afford the relevant advertiser 7 days or such further period as the Committee allows to comment on the relevant advertisement.