36. (1) Subject to subsection (2), section 123 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(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).”,

and

(b) by the substitution of the following subsection for subsection (1A):

“(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.”.

(2) The amendment of section 123 of the Principal Act by subsection (1) shall have effect only in relation to financial years beginning on or after the date on which the Commission first makes a levy order under section 21 of that Act as inserted by section 8.