Broadcasting Act 2009

51

Termination or suspension of contract under Part 6 or 8.

51.— F108[(1) Without prejudice to any provision of this Act, or of a contract made under it, the Commission may terminate, or suspend for such period as it considers reasonable, a contract entered into under Part 6 or Part 8—

(a) if any false or misleading information of a material nature was given to the Commission by or on behalf of the holder of the contract before it was entered into, or

(b) if, following an investigation under section 50, the Commission has made a finding under subsection (7) of that section that the holder of the contract has failed on one or more occasions to comply with a term or condition of the contract, and the nature of that failure is of such seriousness as in the Commission’s opinion warrants the termination or suspension of the contract.]

F109[(1A) The functions of the Commission under subsections (1) and (2), shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.]

F109[(1B) In the case of functions under subsection (1)(b), and subsection (2) as it applies to a decision under subsection (1)(b), if the person who appointed the investigator to carry out the investigation referred to in subsection (1)(b) was a Commissioner, the division referred to in subsection (1A) shall not include that Commissioner.]

F110[(2) Where the Commission proposes to make a decision under subsection (1) the Commission shall by notice in writing afford the holder of the contract concerned an opportunity to make submissions, in accordance with any rules made under subsection (3), at a hearing before the Commission in respect of the matter under consideration.]

(3) The Compliance Committee shall make rules providing for F111[the operation of this section, including] the conduct of a hearing under subsection (2). The rules shall provide for the period in which submissions under subsection (2) are to be made. The rules may include provision for an oral or other form of hearing, as appropriate.

F112[(3A) The Commission may make guidelines in relation to the operation of section 50 and this section and shall publish any guidelines on a website maintained by it.]

(4) A decision to terminate or suspend a contract by the Authority under this section, any other provision of this Act or a provision of the contract, may be appealed by the holder of the contract to the High Court.

(5) F113[…]

(6) A contract terminated or suspended under this section, under any other provision of this Act or under a provision of the contract, shall—

(a) in case it is terminated, cease to have effect, and

(b) in case it is suspended, cease to have effect for the period for which it is suspended.

Annotations

Amendments:

F108

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(a), S.I. No. 71 of 2023.

F109

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(b), S.I. No. 71 of 2023.

F110

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(c), S.I. No. 71 of 2023.

F111

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(d), S.I. No. 71 of 2023.

F112

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(e), S.I. No. 71 of 2023.

F113

Deleted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 15(f), S.I. No. 71 of 2023.

Modifications (not altering text):

C11

Transitional period provided for and section applied with modifications (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 71, S.I. No. 71 of 2023.

Termination or suspension of contract under section 51 of Principal Act

71. (1) Where before the date of coming into operation of section 15 the Compliance Committee has issued a notification under section 51(2) of the Principal Act but not heard submissions under that subsection, the notification shall on and after that date, and subject to the modification referred to in subsection (4)(a), be considered to be a notice under section 51(2) of the Principal Act as amended by section 15, and section 51 of the Principal Act as amended by section 15 shall apply accordingly.

(2) Where before the date of coming into operation of section 15 the Compliance Committee has received submissions under section 51(2) of the Principal Act but has not made a recommendation under section 51(1) of the Principal Act, the Commission shall on and after that date, and subject to the modifications referred to in subsection (4), make a decision in accordance with section 51 of the Principal Act as amended by section 15.

(3) Where before the date of coming into operation of section 15 the Compliance Committee has made a recommendation under section 51(1) of the Principal Act but the Authority has not suspended or terminated the contract under section 51(1) of the Principal Act, the Commission shall, on and after that date, and subject to the modification referred to in subsection (5), act in accordance with section 51(1) and (5) of the Principal Act as if section 15 had not come into operation.

(4) The modifications referred to in subsections (1) and (2) are that—

(a) the reference in section 51(1) of the Principal Act as amended by section 15 to the finding of the Commission under section 50(7) of the Principal Act, shall be construed as a reference to the finding of the Compliance Committee under section 50(7) of the Principal Act as it existed prior to the coming into operation of section 15, and

(b) the Commission may afford the holder of the contract referred to in section 51 of the Principal Act a further opportunity to make submissions in accordance with section 51(2) of the Principal Act as amended by section 15.

(5) The modification referred to in subsection (3) is that references to the Authority in section 51 of the Principal Act shall be construed as references to the Commission.

(6) Any rules made by the Authority under section 51(5) of the Principal Act which were in force immediately before the coming into operation of section 15 shall continue in force for the purposes of subsection (3), subject to any amendment made by the Commission.