Broadcasting Act 2009
Allocation of public funding.
123.— F171[(1) The Minister, with the approval of the Minister for Public Expenditure and Reform, may pay to RTÉ and TG4 out of monies provided by the Oireachtas, in respect of each financial year beginning with the financial year commencing on 1 January 2011, an amount equal to the total of the receipts in that year in respect of television licence fees apportioned to RTÉ and TG4 as the Minister determines in accordance with subsection (1A) less—
(a) any expenses certified by the Minister as having been incurred by him or her in that year in relation to the collection of those fees, and
(b) any amount paid under section 156(2).]
F172[(1A) (a) The Minister shall, after consultation with the Minister for Public Expenditure and Reform, determine the portion of the amount referred to in subsection (1) to be paid to RTÉ and TG4 respectively.
(b) When making a determination for the purposes of paragraph (a), the Minister shall have regard to the ability of RTÉ and TG4 to fulfil their public service objects. ]
(2) The amount paid to RTÉ in each financial year under subsection (1) of this section, shall be used by RTÉ solely for the purposes of—
(a) pursuing its public service objects, and
(b) paying amounts levied on RTÉ under section 33.
F173[(2A) The amount paid to TG4 in each financial year under subsection (1), shall be used by TG4 solely for the purposes of—
(a) pursuing its public service objects, and
(b) paying amounts levied on TG4 under section 33. ]
(3) The Minister, with the consent of the Minister for Finance, may from time to time, pay to RTÉ such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by RTÉ in the pursuance of its public service objects.
(4) The Minister, with the consent of the Minister for Finance, may from time to time, pay to TG4 such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by TG4 in—
(a) pursuing its public service objects, and
(b) paying amounts levied on TG4 under section 33.
(5) The Minister in making a determination under subsection (4) shall consider the multi-annual funding needs of TG4.
Annotations
Amendments:
F171
Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 69(a), commenced on enactment.
F172
Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 69(b), commenced on enactment.
F173
Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 69(c), commenced on enactment.
F174
Substituted by Online Safety and Media Regulation Act 2022 (41/2022), s. 36(1)(a), (b), not commenced as of date of revision, subject to subs. (2) which provides that the amendments are to have effect only in relation to financial years beginning on or after the date on which the Commission first makes a levy order under s. 21.
Modifications (not altering text):
C12
Prospective affecting provision: subss. (1), (1A) substituted by Online Safety and Media Regulation Act 2022 (41/2022), s. 36(1)(a), (b), not commenced as of date of revision, subject to subs. (2) which provides that the amendments are to have effect only in relation to financial years beginning on or after the date on which the Commission first makes a levy order under s. 21.
123. F174[(1) The Minister, with the approval of the Minister for Public Expenditure and Reform, may pay to RTÉ, TG4 and the Commission out of moneys provided by the Oireachtas, in respect of each financial year, an amount equal to the total of the receipts in that year in respect of television licence fees apportioned to RTÉ, TG4 and the Commission as the Minister determines in accordance with subsection (1A) less—
(a) any expenses certified by the Minister as having been incurred by him or her in that year in relation to the collection of those fees, and
(b) any amount paid under section 156(2).]
F174[(1A) (a) The Minister shall, after consultation with the Minister for Public Expenditure and Reform, determine the portion of the amount referred to in subsection (1) to be paid to RTÉ, TG4 and the Commission respectively.
(b) When making a determination for the purposes of paragraph (a), the Minister shall—
(i) have regard to the ability of RTÉ and TG4 to fulfil their public service objects, and
(ii) ensure that the amount, if any, to be paid to the Commission under subsection (1) shall not exceed 50 per cent of the estimate of the expenses of the Commission for the financial year concerned as set out in its estimates of income and expenditure submitted to the Minister under section 26(1) in the financial year immediately preceding the year in which an amount under subsection (1) is to be paid.]
Editorial Notes:
E21
Previous affecting provision: amounts paid to broadcaster by Minister for Communications, Energy and Natural Resources under section confirmed as qualifying income for the purposes of Broadcasting Act 2009 (Section 33) Levy Order 2010 (17.01.2010) by Broadcasting Act 2009 (Section 33) Levy Order 2010 (S.I. No. 7 of 2010), art. 3 and sch. 2 par. 3, in effect as per art. 1(2); revoked (1.01.2024) by Broadcasting Act 2009 (Section 21) Levy Order 2023 (S.I. No. 657 of 2023), art. 1(3), in effect as per art. 1(2).