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18 2009

Broadcasting Act 2009

PART 10

Broadcasting Fund

Definitions (Part 10).

153 .— In this Part—

“ appropriate network provider ” means a body referred to in section 77 (1);

“ free television service ” means a television broadcasting service for the reception of which no charge is made by the person providing the service, and reception of which is available to at least 90 per cent of the population of the State;

“ programme material ” means audio-visual or audio material, including advertising and similar material, which was broadcast in whole or in part or was recorded for broadcast, and includes stills and photographs produced from such material or in the context of the recording of such material;

“ scheme ” means a scheme prepared under section 154 .

Broadcasting funding scheme.

154 .— (1) The Authority shall prepare and submit to the Minister for his or her approval a scheme or a number of schemes for the granting of funds to support all or any of the following—

(a) new television or sound broadcasting programmes including feature films, animation and drama on Irish culture, heritage and experience, including—

(i) history (including history relating to particular areas, groups or aspects of experience, activity or influence),

(ii) historical buildings,

(iii) the natural environment,

(iv) folk, rural and vernacular heritage,

(v) traditional and contemporary arts,

(vi) the Irish language, and

(vii) the Irish experience in European and international contexts,

(b) new television or sound broadcasting programmes to improve adult or media literacy,

(c) new television or sound broadcasting programmes which raise public awareness and understanding of global issues impacting on the State and countries other than the State,

(d) programmes under paragraphs (a), (b) and (c) in the Irish language,

(e) the development of archiving of programme material produced in the State, and

(f) such ancillary measures as are necessary to support schemes prepared under paragraphs (a), (b), (c) or (d).

(2) A scheme—

(a) may only fund television programmes under subsection (1) which are broadcast—

(i) on a free television service which provides near universal coverage in the State, or

(ii) on an appropriate network provider or MMD system as part of a community content provision contract under section 72 ,

and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak viewing times,

(b) may only fund sound broadcasting programmes under subsection (1) which are carried on sound broadcasting services under a contract made by the Authority or operated by RTÉ and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak listening times,

(c) may provide funding for projects relating to matters such as research, needs assessments, analyses, feasibility studies and pilot projects in relation to subsection (1) (e), including such projects undertaken by or on behalf of the Minister, and

(d) may not provide funding for programmes which are produced primarily for news or current affairs.

(3) A scheme may provide—

(a) for the making of applications by persons for funding under a scheme,

(b) general terms and conditions of funding, or

(c) that funding in a particular year will be directed at—

(i) particular classes of television or sound broadcasting programmes referred to in subsection (1) including but not limited to programmes of a specified nature or subject matter, or broadcast by means of a particular medium (including media of a local or regional nature such as local or community television or radio), or

(ii) particular classes of projects referred to in subsection (1) (e).

(4) The Authority may attach to any particular funding under a scheme such particular terms or conditions as it considers appropriate in the circumstances.

(5) The Authority in preparing a scheme, may have regard to the developmental needs of community broadcasters.

(6) The Authority, in preparing a scheme, shall have regard to the understanding and enjoyment of television programmes under the scheme by persons who are deaf or hard of hearing.

(7) The Minister may direct the Authority—

(a) to prepare and submit to him or her a scheme relating to any matter in subsection (1), or

(b) to amend or revoke a scheme.

The Authority shall comply with the direction.

(8) Any amendment or revocation of a scheme shall be submitted by the Authority to the Minister for his or her approval.

(9) A scheme shall, if approved of by the Minister, be—

(a) published (including publication by electronic means capable of being read in legible form), and

(b) carried out in accordance with its terms,

by the Authority.

(10) (a) A 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, within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a), pass a resolution annulling the scheme.

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

(11) On the passing of this Act any scheme made by the BCI and approved by the Minister under section 2 of the Broadcasting (Funding) Act 2003 which is in force on such passing continues and is deemed to have been made and approved under this section.

Objectives of scheme.

155 .— (1) The objectives of a scheme in relation to programmes referred to in section 154 (1) (a) are to—

(a) develop high quality programmes based on Irish culture, heritage and experience,

(b) develop these programmes in the Irish language,

(c) increase the availability of programmes referred to in paragraphs (a) and (b) to audiences in the State,

(d) represent the diversity of Irish culture and heritage,

(e) record oral Irish heritage and aspects of Irish heritage which are disappearing, under threat, or have not been previously recorded, and

(f) develop local and community broadcasting.

(2) The objective of a scheme in relation to the development of archiving of programme material produced in the State referred to in section 154 (1) (e) is to develop an integrated approach to the archiving of programme material, including the development of suitable storage processes and formats and the accessing of material by interested parties and reflecting the obligations of the Authority as set out in subsections (6), (7), (8) and (9) of section 69 .

(3) The Authority, in preparing a scheme and in considering applications for funding, shall have regard to the objectives of a scheme.

Amounts to be paid by Minister to scheme.

156 .— (1) In this section “ net receipts ” in relation to the receipt of television licence fees, means the total receipts less any expenses in respect of those receipts certified by the Minister as having been incurred by him or her in that year in relation to the collection of the fees.

(2) The Minister, with the approval of the Minister for Finance, may pay to the Authority out of monies provided by the Oireachtas for the purposes of grants under a scheme and any administration of or reasonable expenses relating to a scheme, in respect of each financial year, an amount being equal to 7 per cent of net receipts in that year in respect of television licence fees.

(3) The Minister, with the approval of the Minister for Finance, may from time to time pay to the Authority out of monies provided by the Oireachtas such an amount as he or she determines to be reasonable for the purposes of grants under a scheme and any administration of or reasonable expenses relating to a scheme.

Broadcasting fund.

157 .— (1) The Authority shall establish and maintain on the establishment day a fund which shall be known as the Broadcasting Fund and is referred to in this Part as the “Fund”.

(2) The Fund shall be managed and controlled by the Authority and shall consist of a current account (“ current account ”) and an investment account (“ investment account ”).

(3) There shall be paid into the current account all monies paid to the Authority under section 156 (2) and (3) and there shall be paid out of the current account all monies in respect of expenditure by the Authority for the purposes of grants under, and any administration of or reasonable expenses relating to, a scheme duly approved under section 154 .

(4) Monies standing to the credit of the current account and not required to meet current liabilities shall be paid into the investment account of the Fund.

(5) Whenever the monies in the current account of the Fund are not sufficient to meet the current liabilities of that account, there shall be paid into that account from the investment account of the Fund such monies as are necessary to meet those liabilities.

(6) Monies in the investment account of the Fund that are not required to meet current and prospective liabilities of that account shall be invested and the investments shall be realised or varied from time to time as occasion requires and the proceeds of any such realisation, and any income received in respect of monies invested under this subsection, shall be paid into the investment account of the Fund or invested under this subsection.

(7) The costs of administration of the Fund incurred by the Authority shall be defrayed from the resources of the Fund.

(8) The Authority shall keep all proper and usual accounts of all monies paid into the Fund and of all disbursements from the Fund including an income and expenditure account, cash-flow statement and balance sheet.

(9) As soon as may be after the end of each financial year of the Authority, the Authority shall submit the accounts of the Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.

(10) As soon as may be, but not later than 3 months, after the end of each financial year of the Authority, the Authority shall make a report, in such a manner as the Minister may direct, to the Minister with respect to the operation by it of the Fund during that financial year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Reviews of scheme.

158 .— (1) The Authority shall review the operation, effectiveness and impact of a scheme not later than 3 years from the passing of this Act, and every 3 years thereafter, or at such other time as may be requested by the Minister, and make a written report to the Minister on the review.

(2) A copy of a report under subsection (1) shall be laid by the Minister before each House of the Oireachtas, as soon as may be, after it has been made to him or her.

(3) The Minister shall publish (including publication by electronic means capable of being read in legible form) a report made to him or her under subsection (1).

Winding-up and dissolution of scheme.

159 .— (1) The Minister may, with the consent of the Minister for Finance, direct the Authority to wind-up, where there is only one scheme, the scheme or, where there is more than one scheme, all schemes, and the Fund established under section 157 and to pay to the Minister any monies remaining in respect of the Fund. The Minister shall pay to RTÉ any such monies paid to him or her.

(2) Where the Minister directs that the scheme or all schemes, as the case may be, and the Fund be wound up in accordance with subsection (1), he or she shall upon being satisfied that the scheme has or the schemes have and the Fund has been wound up in accordance with that subsection, by order (in this section referred to as a “dissolution order”) dissolve the scheme or schemes and the Fund.

(3) Upon the commencement of a dissolution order no further scheme may be made under section 154 .

(4) (a) A dissolution order shall be laid before each of the Houses of the Oireachtas as soon as practicable after it is made.

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

(c) The annulment under paragraph (b) of a dissolution 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.