185.— The following section is substituted for section 5 of the Act of 1998:

“5.— (1) Section 41 (3) of the Broadcasting Act 2009 does not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in section 3 concerning the referendum.

(2) The Minister for Communications, Energy and Natural Resources, if so requested by the Commission following consultation by the Commission with RTÉ and TG4 and consideration of any proposals of RTÉ or TG4 for broadcasts in connection with the referendum that RTÉ or TG4 communicate to the Commission, shall direct RTÉ and TG4 in writing to allocate broadcasting time to facilitate the Commission in performing its functions. RTÉ and TG4 shall comply with the direction.

(3) The Minister for Communications, Energy and Natural Resources, if so requested by the Commission following consultation by the Commission with the BAI and consideration of any proposals of the BAI for broadcasts in connection with the referendum by sound broadcasting contractors, a television programme service contractor or content provision contractors that it communicates to the Commission, shall direct the BAI in writing to arrange for the provision for and on behalf of the Commission of services (with or without charge) including the allocation of broadcasting time to facilitate the Commission in performing its functions. The BAI shall comply with the direction.

(4) In this section—

‘BAI’ means Broadcasting Authority of Ireland;

‘RTÉ’ and ‘TG4’ have the meaning assigned to them, respectively, by section 2 of the Broadcasting Act 2009.”.