Communications Act 2003

Programming quotas for public service television U.K.

277 Programming quotas for independent productions U.K.

(1) [F1 The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 25 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes included in the channel is allocated to the broadcasting of a range and diversity of independent productions.]

[F1 The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

(a) the provider of the licensed public service channel makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the provider’s commissioning code, 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 section—

(a) [F2 a reference to qualifying programmes 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 qualifying programmes for the purposes of this section;]

(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 section; 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) [F3 The Secretary of State may by order amend subsection (1) by substituting a different percentage for the percentage for the time being specified in that subsection.]

(4) The Secretary of State may also by order provide for the regulatory regime for every licensed public service channel to include conditions falling within subsection (5), either instead of or as well as those falling within subsection (1).

(5) The conditions falling within this subsection are those that OFCOM consider appropriate for securing that[F4 , in each year, not less than the percentage specified in the order of the programming budget for that year for that channel is applied in the acquisition of independent productions.] [F4 —

(a) in each year, the provider of the licensed public service channel makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the provider’s commissioning code, 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 subsection (4) includes power to provide that conditions that have previously ceased under such an order to be included in the regulatory regime for every licensed public service channel are again so included, in addition to or instead of the conditions already so included (apart from the exercise of that power) by virtue of this section.

(7) The Secretary of State is not to make an order for the regulatory regime of every licensed public service channel to include or exclude conditions falling within subsection (1) or conditions falling within subsection (5) unless—

(a) OFCOM have made a recommendation to him for those conditions to be included or excluded; and

(b) the order gives effect to that recommendation.

(8) The regulatory regime for every licensed public service channel also includes a condition requiring the provider of the channel to comply with directions given to him 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 his compliance with the requirements of conditions imposed by virtue of subsection (1) or (4); and

(b) thereby increasing [F5 the percentage] [F5 the number of hours or (as the case may be) the amount] applicable for the purposes of those conditions to the subsequent year or years.

(9) [F6 For the purposes of conditions imposed by virtue of this section—

(a) the amount of the programming budget for a licensed public service channel for a year, and

(b) the means of determining the amount of that budget that is applied for any purpose,

are to be computed in accordance with such provision as may be set out in an order made by the Secretary of State, or as may be determined by OFCOM in accordance with such an order.]

(10) [F7 The powers of the Secretary of State to make orders under this section do not include—

(a) power to specify different percentages for the purposes of subsection (1), or of a condition falling within subsection (5), for different regional Channel 3 services or for different national Channel 3 services; or

(b) power to make different provision for different licensed public service channels as to whether conditions falling within subsection (1) or conditions falling within subsection (5), or both, are included in the regulatory regimes for those services.]

(11) Before making an order under this section the Secretary of State must consult OFCOM, the BBC and [F8 S4C].

(12) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

[F9 (12A) If a draft of a statutory instrument containing an order under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.]

(13) In this section—

• “acquisition”, in relation to a programme, includes commissioning and the acquisition of a right to include it in a service or to have it broadcast;

• [F10 “commissioning code”, in relation to a provider, means the code of practice drawn up by the provider in pursuance of conditions included in the provider’s licence by virtue of section 285;]

• “programme” does not include an advertisement; [F11 and]

• [F11 “programming budget” means the budget for the production and acquisition of qualifying programmes.]

[F12 (14) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).]

Textual Amendments

F1 S. 277(1) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(2), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F2 S. 277(2)(a) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 8(3), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F3 S. 277(3) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 8(4), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F4 Words in s. 277(5) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(5), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F5 Words in s. 277(8)(b) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(6), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F6 S. 277(9) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 8(7), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F7 S. 277(10) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 8(8), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F8 Word in s. 277(11) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 36; S.I. 2024/858, reg. 2(1)(x)

F9 S. 277(12A) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(9), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F10 Words in s. 277(13) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(10)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F11 Words in s. 277(13) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 8(10)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F12 S. 277(14) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 8(11), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

Commencement Information

I1 S. 277 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

278 Programming quotas for original productions U.K.

(1) [F13 The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing—

(a) that the time allocated, in each year, to the broadcasting of original productions included in that channel is no less than what appears to them to be an appropriate proportion of the total amount of time allocated to the broadcasting of all the programmes included in the channel; and

(b) that the time allocated to the broadcasting of original productions is split in what appears to them to be an appropriate manner between peak viewing times and other times.]

[F13 The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

(a) the provider of the licensed public service channel 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 that OFCOM consider appropriate, and

(c) if OFCOM consider it appropriate, the additional peak viewing time objective described in subsection (1A) is met.

(1A) The additional peak viewing time objective is that (out of the number of hours determined by OFCOM for the purposes of subsection (1)(b)) at least the number of hours that OFCOM consider appropriate is allocated to the broadcasting of original productions included in the channel at peak viewing times.]

(2) [F14 The proportion determined by OFCOM for the purposes of subsection (1)—

(a) must, in the case of each licensed public service channel, be such proportion as OFCOM consider appropriate for ensuring that the channel is consistently of a high quality; and

(b) may, for the purposes of paragraph (b) of that subsection, be expressed as the cumulative effect of two different minimum proportions, one applying to peak viewing times and the other to other times.]

(3) [F15 A condition contained in a licence by virtue of this section may provide—

(a) that specified descriptions of programmes are to be excluded in determining the programmes a proportion of which is to consist of original productions;

(b) that, in determining for the purposes of the condition whether a programme is of a description of programmes excluded by virtue of paragraph (a), regard is to be had to any guidance prepared and published, and from to time revised, by OFCOM.]

(4) Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.

(5) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).

(6) References in this section, in relation to a licensed public service channel, 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 section.

(7) The power to specify descriptions of programmes by order under subsection (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit.

[F16 (7A) An order under subsection (6) may—

(a) authorise OFCOM to provide in a condition included in a licence by virtue of this section that original productions of a description specified in the licence may not be counted towards meeting the condition;

(b) require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description included in a licence by virtue of paragraph (a);

(c) authorise OFCOM to provide in a condition included in a licence by virtue of this section that the holder of the licence must have regard to that guidance.]

(8) Before making an order under this section the Secretary of State must consult OFCOM, the BBC and [F17 S4C].

(9) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(10) In this section—

• “peak viewing time”, in relation to a licensed public service channel, means a time that appears to OFCOM to be, or to be likely to be, a peak viewing time for that channel; and

• “programme” does not include an advertisement.

(11) Before determining for the purposes of this section what constitutes a peak viewing time for a channel, OFCOM must consult the provider of the channel.

[F18 (12) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).]

Textual Amendments

F13 S. 278(1)(1A) substituted for s. 278(1) (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 9(2), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F14 S. 278(2) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 9(3), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F15 S. 278(3) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), ss. 9(3), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F16 S. 278(7A) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 9(4), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

F17 Word in s. 278(8) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 36; S.I. 2024/858, reg. 2(1)(x)

F18 S. 278(12) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 9(5), 55(3)(a); S.I. 2024/858, reg. 3, Sch.

Commencement Information

I2 S. 278 in force at 1.7.2004 by S.I. 2003/3142, art. 4(4)(a) (with art. 11) (as amended (4.3.2004) by S.I. 2004/545, art. 2(2)(3)(b))

[F19 278B Quotas: meaning of “qualifying audiovisual content” etc U.K.

(1) In this Part, “qualifying audiovisual content” means any material, other than advertisements, included in a qualifying audiovisual service.

(2) For the purposes of this Part, a person makes available qualifying audiovisual content if—

(a) that content is provided by—

(i) the person, or

(ii) a person associated with the person, under arrangements made between the person and that associated person,

by means of a qualifying audiovisual service provided by the person or (as the case may be) that associated person,

(b) that content, and the qualifying audiovisual service by means of which it is provided, may be received or accessed in intelligible form and free of charge, and

(c) where the qualifying audiovisual service in question is an on-demand programme service, that content is available for the period described in section 264(8B) unless it is excepted by section 264(8C).

(3) Where the period described in section 264(8B) falls partly in one year and partly in another year, the person is to be regarded for the purposes of this Part as making the qualifying audiovisual content available in the year in which the period begins.

(4) Section 362AZ12(6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2)(a) as it applies for the purposes of Part 3A.

(5) Subsection (8A) of section 264 applies for the purposes of subsection (2)(b) as it applies for the purposes of subsection (8) of that section.

(6) For the purposes of this Part, the following are qualifying audiovisual services—

(a) television broadcasting services;

(b) on-demand programme services that are, or form part of, designated internet programme services;

(c) any other service that—

(i) is a relevant audiovisual service for the purposes of section 264 (see section 264(11)), and

(ii) is specified, or falls within a description specified, in regulations made by the Secretary of State.

(7) In relation to a qualifying audiovisual service that is an on-demand programme service, references in this Part to “provide” (and related expressions) are to be read in accordance with section 368R(5).

(8) Before making regulations under subsection (6)(c), the Secretary of State must consult OFCOM.

(9) A statutory instrument containing regulations under subsection (6)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) In this section, “designated internet programme service” has the same meaning as in Part 3A (see section 362AZ12).]

Textual Amendments

F19 S. 278B inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 11, 55(3)(a); S.I. 2024/858, reg. 3, Sch.

[F20 278C Quotas: further provision about their fulfilment U.K.

(1) In this section, a “quota condition” means—

(a) a condition that forms part of the regulatory regime of a licensed public service channel by virtue of—

(i) section 277(1) or (4) (quotas for independent productions),

(ii) section 278(1) (quotas for original productions),

(iii) section 278A (4) (additional quotas), or

(iv) section 286(1)(a) and (aa) or (3)(a) and (aa) or 288(1)(a) and (aa) (regional programme-making quotas relating to duration);

(b) a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure), where the condition is framed by reference to the making available of qualifying audiovisual content;

(c) a duty of the BBC under or by virtue of paragraph 1(1) or (4) of Schedule 12 (BBC quotas for independent productions);

(d) a duty of S4C under or by virtue of paragraph 7(1) or (4) or 8(1) of Schedule 12 (S4C quotas for independent productions and original productions).

(2) The Secretary of State must by regulations make provision determining whether qualifying audiovisual content that is made available by a person in the circumstances described in subsection (3) may be counted towards meeting a quota condition.

(3) Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).

(4) For the purposes of subsection (3)—

(a) “audiovisual content” has the same meaning as in section 264;

(b) section 264(13) (interpretation of “made available”) applies as it applies for the purposes of section 264.

(5) Except in the case of a quota condition relating to independent productions, regulations under subsection (2) may, instead of determining the matter described in that subsection, require OFCOM to determine it.

(6) Where the regulations require OFCOM to determine the matter, OFCOM must do so—

(a) in relation to a quota condition falling within subsection (1)(a) or (b), by conditions included in the licence of the provider of the licensed public service channel, and

(b) in relation to a quota condition falling within subsection (1)(d), by a direction given by OFCOM to S4C.

(7) Before giving a direction under subsection (6)(b), OFCOM must consult S4C.

(8) In relation to a quota condition falling within subsection (1)(a) or (b), the reference in subsection (3) to the person includes a reference to any person who previously held the licence to provide the licensed public service channel in question.

(9) Before making regulations under subsection (2), the Secretary of State must consult OFCOM.

(10) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

Textual Amendments

F20 S. 278C inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 12, 55(3)(a); S.I. 2024/858, reg. 3, Sch.