Communications Act 2003

SCHEDULE 12 Corresponding obligations of the BBC and S4C

Section 338 Part 1 The BBC Quotas for independent productions 1 (1) It shall be the duty of the BBC to secure that, in each year— (a) it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, and (b) the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State. (2) In this paragraph— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and (c) a reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may also by order provide for the BBC to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1). (5) That duty is a duty to secure that — (a) in each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, and (b) the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order. (6) The power to make an order under sub-paragraph (4) includes power to provide that the BBC are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph. (7) The Secretary of State is not to make an order for the BBC to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless— (a) OFCOM have made a recommendation to him that the BBC should be subject to that duty, or should cease to be subject to it; and (b) the order gives effect to that recommendation. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) The BBC must comply with directions given to them by OFCOM for the purpose of— (a) carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); and (b) thereby increasing the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) Before making an order under this paragraph the Secretary of State must consult OFCOM and the BBC. (13) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (14) In this paragraph— “acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc). Duty to publicise complaints procedures etc. 2 (1) It shall be the duty of the BBC to make arrangements for securing that the matters mentioned in sub-paragraph (2) are brought to the attention of the public (whether by means of broadcasts or otherwise). (2) Those matters are— (a) OFCOM’s functions under Part 5 of the 1996 Act in relation to services provided by the BBC; and (b) any procedures established by OFCOM or the BBC for the handling and resolution of complaints about the observance by the BBC of standards set under section 319 or about compliance by the BBC with the requirements imposed by section 368D and section 368E(4). Part 2 S4C Modification of S4C’s public service remit 3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Secretary of State may by order amend section 204A for the purpose of modifying S4C’s public service remit. (6) Before making an order under sub-paragraph (5), the Secretary of State must consult— (a) S4C, and (b) OFCOM. (7) An order under sub-paragraph (5) must not contain provision inconsistent with a requirement that a substantial proportion of audiovisual content made available by S4C is in Welsh. (7A) In sub-paragraph (7) “audiovisual content” has the same meaning as in section 264. (7B) Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of sub-paragraph (7) as it applies for the purposes of that section. (8) No order is to be made containing provision authorised by sub-paragraph (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Statements of programme policy 4 (1) It shall be the duty of S4C— (a) as soon as practicable after the coming into force of this paragraph, and subsequently at annual intervals, to prepare a statement of programme policy; and (b) to monitor their own performance in the carrying out of the proposals contained in statements made under this paragraph. (2) Every statement of programme policy prepared under this paragraph must set out S4C’s proposals for securing that, during the following year— (a) S4C’s public service remit is fulfilled; and (b) S4C’s duties under the provisions of this Schedule will be performed. (2A) Every such statement must— (a) state whether relevant audiovisual services other than S4C Digital will be used, during the following year, to fulfil S4C’s public service remit, and (b) if so, set out S4C’s proposals as to the contributions that S4C Digital and other relevant audiovisual services will make. (3) Every such statement must contain a report on the performance of S4C in the carrying out during the period since the previous statement of the proposals contained in that previous statement. (4) When preparing such a statement, S4C must consider— (a) any guidance by OFCOM that is in force for the purposes of section 266; and (b) any reports previously published by OFCOM under section 264 or 358. (5) Every such statement must be published by S4C as soon as practicable after its preparation is complete. (6) OFCOM may direct that any statement of policy which— (a) was made by S4C before the coming into force of this paragraph, and (b) is specified in the direction, is to be treated for the purposes of this Act as if it were a statement made in relation to such period as may be so specified in pursuance of this paragraph. (7) A direction under sub-paragraph (6) cannot contain provision the effect of which is to postpone the time at which S4C would otherwise be required to make its first statement of programme policy. Programming quotas for independent productions 7 (1) It shall be the duty of S4C to secure that, in each year— (a) it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and (b) the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State. (2) In this paragraph— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and (c) a reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may also by order provide for S4C to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1). (5) That duty is a duty to secure that — (a) in each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the code drawn up under paragraph 10, and (b) the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order. (6) The power to make an order under sub-paragraph (4) includes power to provide that S4C are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph. (7) The Secretary of State is not to make an order for S4C to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless— (a) OFCOM have made a recommendation to him that S4C should be subject to that duty, or should cease to be subject to it; and (b) the order gives effect to that recommendation. (8) S4C must comply with directions given to them by OFCOM for the purpose of— (a) carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); and (b) thereby increasing the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and S4C. (11) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) In this paragraph— “acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; “programme” does not include an advertisement; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc). Programme quotas for original productions 8 (1) It shall be the duty of S4C to secure that, in each year— (a) it makes available qualifying audiovisual content that includes a range of original productions, (b) the duration (in total) of those original productions is at least the number of hours determined in accordance with sub-paragraph (1B), and (c) if OFCOM so provide in a direction given to S4C, the additional peak viewing time objective described in sub-paragraph (1A) is met. (1A) The additional peak viewing time objective is that (out of the number of hours determined for the purposes of sub-paragraph (1)(b)) at least the number of hours determined in accordance with sub-paragraph (1B) is allocated to the broadcasting of original productions included in S4C Digital at peak viewing times. (1B) A determination for the purposes of sub-paragraph (1)(b) or (1A) is to be— (a) by agreement between S4C and OFCOM, or (b) in default of agreement, by a direction given by OFCOM to S4C specifying the number of hours. (1C) Before giving a direction under sub-paragraph (1)(c), OFCOM must consult S4C. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) References in this paragraph ... to original productions are references to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be original productions for the purposes of this paragraph. (7) The power to specify descriptions of programmes by order under sub-paragraph (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit. (7A) An order under sub-paragraph (6) may— (a) authorise OFCOM to give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting S4C’s duty under sub- paragraph (1); (b) require OFCOM to consult S4C before giving such a direction; (c) require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (a); (d) require S4C to have regard to that guidance. (8) Before making an order under this paragraph the Secretary of State must consult OFCOM, the BBC and S4C. (9) No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In this paragraph— “peak viewing time” ... means a time that is determined in accordance with sub-paragraph (12) to be a peak viewing time for S4C Digital; and “programme” does not include an advertisement. (12) The determination for the purposes of this paragraph of peak viewing times is to be— (a) by agreement between S4C and OFCOM; or (b) in default of agreement, by a direction given by OFCOM to S4C determining those times. (13) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc). News and current affairs programmes 9 (1) It shall be the duty of S4C, in relation to their designated public services, to secure— (a) that the programmes included in each service include news programmes and current affairs programmes; (b) that the news programmes and current affairs programmes included in each service deal with both national and international matters; and (c) that the news programmes so included are broadcast for viewing at intervals throughout the period for which the service is provided. (2) It shall be the duty of S4C, in relation to each of their designated public services, to ensure that the news programmes and current affairs programmes included in each service are of high quality. (3) It shall also be the duty of S4C, in relation to each of their designated public services, to secure that in each year— (a) the time allocated to the broadcasting of news programmes included in the service, and (b) the time allocated to the broadcasting of current affairs programmes so included, each constitutes no less than the proportion fixed under sub-paragraph (5) of the time allocated to the broadcasting of all the programmes included in the service. (4) It is the further duty of S4C, in relation to each of their designated public services, to secure that the time allocated— (a) to the broadcasting of news programmes included in the service, and (b) to the broadcasting of current affairs programmes so included, is, in each case, split, in the manner fixed under sub-paragraph (5), between peak viewing times and other times. (5) The fixing for the purposes of sub-paragraph (3) or (4) of a proportion or manner of splitting allocated time is to be— (a) by agreement between S4C and OFCOM; or (b) in default of agreement, by a direction given by OFCOM to S4C fixing the proportion or manner according to whatever OFCOM consider appropriate. (6) The agreement or direction may, for the purposes of sub-paragraph (4), fix a proportion for the purposes of sub-paragraph (3) in terms of the cumulative effect of two different minimum proportions, one applying to peak viewing times and the other to other times. (7) The services that are designated public services for the purposes of this paragraph are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) S4C Digital; and (c) any of S4C’s other public television services which is designated in writing by the Secretary of State for the purposes of this paragraph .... (8) In this paragraph “peak viewing time”, in relation to a service, means a time that is determined in accordance with sub-paragraph (9) to be a peak viewing time for that service. (9) The determination for the purposes of this paragraph of a peak viewing time is to be— (a) by agreement between S4C and OFCOM; or (b) in default of agreement, by a direction given by OFCOM to S4C determining that time. Code relating to programme commissioning 10 (1) It shall be the duty of S4C to draw up and from time to time revise a code of practice setting out the principles that are to be applied — (a) when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions , or (b) when they are agreeing terms for the commissioning of independent productions that will be included in a qualifying audiovisual service other than one to which paragraph (a) relates but which they wish to count towards meeting a duty imposed by virtue of paragraph 7(1) or (4). (2) A relevant purpose is a purpose connected with the provision by S4C or an S4C company of a television programme service. (3) It shall also be the duty of S4C— (a) at all times to comply with the code of practice which is for the time being in force under this paragraph; (b) to take all reasonable steps for securing that the code is complied with by S4C companies; (c) to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and (d) to comply with such directions as may be given to S4C by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b). (4) The code for the time being in force under this paragraph must be such as to secure, in the manner described in guidance issued by OFCOM— (a) that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement; (b) that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of; (c) that there is sufficient transparency about the amounts to be paid in respect of each category of rights; (d) that satisfactory arrangements are made about the duration and exclusivity of those rights; (e) that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it; (f) that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM; (g) that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate. (h) that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code. (5) S4C must also ensure that the drawing up or revision of a code by virtue of this paragraph is in accordance with guidance issued by OFCOM as to— (a) the times when the code is to be drawn up or reviewed with a view to revision; (b) the consultation to be undertaken before a code is drawn up or revised; (c) the publication of every code or revised code. (6) S4C must submit to OFCOM for approval a draft of— (a) every code that is required to be drawn up under this paragraph; and (b) every revision made by S4C of such a code. (7) A code drawn up by S4C or a revision of such a code — (a) is to have effect for the purposes of this paragraph only if approved by OFCOM; and (b) if approved by OFCOM subject to modifications, is to have effect with those modifications. (8) OFCOM— (a) must issue and may from time to time revise guidance for the purposes of this paragraph; (b) must ensure that there is always guidance for those purposes in force; (c) must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and S4C; and (d) must publish their guidance or revised guidance in such manner as they think appropriate. (9) Guidance issued by OFCOM for the purposes of this paragraph must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In this paragraph “independent production” has the same meaning as in paragraph 7. (12) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc). ... 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Programme standards 12 It shall be the duty of S4C in relation to their public television services to observe the standards set under section 319. 13 It shall be the duty of S4C to comply with a direction given to them by OFCOM with respect to the establishment of procedures for the handling and resolution of complaints about the observance by S4C of standards set under section 319. 14 (1) It shall be the duty of S4C to comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2). (2) Those matters are— (a) the exclusion from any of S4C’s public television services of a particular advertisement, or its exclusion in particular circumstances; (b) the descriptions of advertisements and methods of advertising to be excluded from the services so provided (whether generally or in particular circumstances); ... (c) the methods of sponsorship to be excluded from those services (whether generally or in particular circumstances) ; and (d) the forms and methods of product placement to be excluded from those services (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances). 15 (1) This paragraph applies if OFCOM are satisfied— (a) that S4C have failed in any respect to perform any of their duties under— (i) paragraphs 12 to 14, (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi) ... and (b) that the failure can be appropriately remedied by the inclusion in any or all of S4C’s public television services ... of a correction or a statement of findings. (2) OFCOM may direct S4C to include a correction or a statement of findings (or both) in any one or more of their public television services ... . (3) A direction may require the correction or statement of findings to be in such form, and to be included in programmes at such time or times, as OFCOM may determine. (4) OFCOM are not to give a direction under this paragraph unless they have given S4C a reasonable opportunity of making representations to them about the matters appearing to OFCOM to provide grounds for the giving of the direction. (5) Where S4C include a correction or a statement of findings in any of their public television services ... in pursuance of a direction under this paragraph, S4C may announce that they are doing so in pursuance of such a direction. (6) For the purposes of this paragraph a statement of findings, in relation to a case in which OFCOM are satisfied that S4C have failed to perform a duty mentioned in sub-paragraph (1)(a) , is a statement of OFCOM’s findings in relation to that failure. Directions with respect to advertising 16 (1) S4C must comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2). (2) Those matters are— (a) the maximum amount of time to be given to advertisements in any hour or other period; (b) the minimum interval which must elapse between any two periods given over to advertisements; (c) the number of such periods to be allowed in any programme or in any hour or day; and (d) the exclusion of advertisements from a specified part of ... S4C Digital. (3) Directions under this paragraph— (a) may be either general or specific; (b) may be qualified or unqualified; and (c) may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances. (4) In giving a direction under this paragraph, OFCOM shall take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this paragraph. Fairness standards 17 It shall be the duty of S4C to secure the observance— (a) in connection with the provision of their public television services, and (b) in relation to the programmes included in those services, of the code for the time being in force under section 107 of the 1996 Act (the fairness code). Party political broadcasts 18 (1) It shall be the duty of S4C to include— (a) party political broadcasts, and (b) referendum campaign broadcasts, in every designated public service of theirs. (2) S4C must prepare, publish and from time to time review and revise their policy with respect to— (a) party political broadcasts and referendum campaign broadcasts; and (b) the manner in which they propose to perform their duty under sub-paragraph (1). (3) S4C’s policy may, in particular, include provision for determining— (a) the political parties on whose behalf party political broadcasts may be made; (b) in relation to each political party on whose behalf such broadcasts may be made, the length and frequency of the broadcasts; and (c) in relation to each designated organisation on whose behalf referendum campaign broadcasts are required to be broadcast, the length and frequency of such broadcasts. (4) That policy is to have effect subject to sections 37 and 127 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and designated organisations to be entitled to party political broadcasts or referendum campaign broadcasts). (5) In preparing or revising their policy with respect to the inclusion of party political broadcasts or referendum campaign broadcasts in their designated public services, S4C must have regard to— (a) any views expressed for the purposes of this paragraph by the Electoral Commission; and (b) any rules made by OFCOM under section 333. (6) The services that are designated public services for the purposes of this paragraph are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) S4C Digital; and (c) any of S4C’s other public television services which is designated in writing by the Secretary of State for the purposes of this paragraph .... (7) In this paragraph— “designated organisation”, in relation to a referendum, means a person or body designated by the Electoral Commission under section 108 of the Political Parties, Elections and Referendums Act 2000 in respect of that referendum; and “referendum campaign broadcast” has the meaning given by section 127 of that Act. Duty to publicise complaints procedures etc. 19 (1) It shall be the duty of S4C to make arrangements for securing that the matters mentioned in sub-paragraph (2) are brought to the attention of the public (whether by means of broadcasts or otherwise). (2) Those matters are— (a) OFCOM’s functions under Part 5 of the 1996 Act in relation to services provided by S4C; and (b) any procedures established by OFCOM or S4C for the handling and resolution of complaints about the observance by S4C of standards set under section 319 or about compliance by S4C with the requirements imposed by section 368D and section 368E(4), except the requirements mentioned in sub-paragraph (3). (3) The requirements mentioned in this sub-paragraph are— (a) the requirements imposed by sections 368D(1) and 368E(4) so far as they relate to advertising, and (b) the requirement imposed by section 368D(3)(za). Monitoring of programmes 20 (1) It shall be the duty of S4C— (a) in respect of every programme included in any of their public television services, to retain a recording of the programme in the form, and for the period, specified by OFCOM; (b) to comply with any request to produce such recordings to OFCOM for examination or reproduction; and (c) to comply, to the extent that they are able to do so, with any request to produce to OFCOM a script or transcript of a programme included in any of their public television services. (2) The period specified for the purposes of sub-paragraph (1)(a) must be a period not exceeding ninety days. Compliance with international obligations 21 (1) OFCOM may give S4C such directions as OFCOM consider appropriate for securing that all relevant international obligations are complied with. (2) It shall be the duty of S4C to comply with a direction under this paragraph. (3) Before giving a direction under this paragraph, OFCOM must consult S4C. (4) In this paragraph “relevant international obligations” means the international obligations of the United Kingdom which have been notified to OFCOM by the Secretary of State for the purposes of this paragraph. Services for people with disabilities 22 It shall be the duty of S4C to observe the code for the time being in force under section 303 in the provision of— (a) S4C Digital; and (b) so much of any of S4C’s other public television services as is provided in digital form. Equality of opportunity 23 (1) It shall be the duty of S4C to make such arrangements as they consider appropriate for promoting, in relation to employment with S4C, equality of opportunity— (a) between men and women; and (b) between persons of different racial groups. (2) It shall be the duty of S4C to make arrangements for promoting, in relation to employment with S4C, the equalisation of opportunities for disabled persons. (3) S4C shall also make such arrangements as they consider appropriate for the training and retraining of persons whom they employ in or in connection with— (a) the provision of one or more of their public services; or (b) the making of programmes to be included in one or more of those services. (4) S4C— (a) shall take all such steps as they consider appropriate for making persons affected by any arrangements made in pursuance of sub-paragraphs (1) to (3) aware of the arrangements (including the publication of the arrangements in such manner as they think fit); (b) shall review the arrangements from time to time; and (c) shall, from time to time (and at least annually), publish, in such manner as they consider appropriate, their observations on the current operation and effectiveness of the arrangements. (5) Before making any arrangements in pursuance of any of sub-paragraphs (1) to (3) or determining the manner in which they will comply with sub-paragraph (4), S4C must consult OFCOM. (6) In this paragraph— “disabled” has the same meaning as in the Equality Act 2010 or, in Northern Ireland, the Disability Discrimination Act 1995 (c. 50); “racial group” has the same meaning as in the Race Relations Act 1976 (c. 74) the Equality Act 2010 or, in Northern Ireland, the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)). (7) The Secretary of State may by order amend sub-paragraph (1) by adding any other form of equality of opportunity that he considers appropriate to that sub-paragraph. (8) No order is to be made containing provision authorised by sub-paragraph (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. On-demand programme services 23A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of S4C’s public services 24 (1) In this Part of this Schedule, references to S4C’s public services are references to the following— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) S4C Digital; and (c) any other relevant audiovisual service provided by S4C in fulfilling its public service remit. (2) References in this Schedule to a public television service of S4C are references to any public service of S4C which is a television programme service.