Communications Act 2003

Changes over time for: Cross Heading: Code relating to programme commissioning

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Changes to legislation:

Communications Act 2003, Cross Heading: Code relating to programme commissioning is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Schedule 12 Part 2 Crossheading Code-relating-to-programme-commissioning:

specified provision(s) amendment to earlier commencing SI 2003/1900, art. 3(2) by S.I. 2003/3142 art. 1(3)
specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/1492 art. 2
specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/697 art. 2
specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 148A and cross-heading inserted by 2022 c. 46 s. 73(2)
s. 204A-204C substituted for s. 204-206 by 2024 c. 15 s. 32(2)
s. 264(10A)(10B) inserted by 2024 c. 15 s. 1(3)
s. 270(3)(ca) inserted by 2024 c. 15 s. 6(3)
s. 270(4A) inserted by 2024 c. 15 s. 6(4)
s. 270(7A) inserted by 2024 c. 15 s. 6(7)
s. 278A inserted by 2024 c. 15 s. 10
s. 351(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 58(2)(b)
s. 351(5)(aa) substituted for s. 351(5)(a) by 2024 c. 15 Sch. 2 para. 58(3)(a)
s. 353(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 59(2)(b)
s. 368E(5)(d)(e) inserted by 2017 c. 30 s. 94(3)
s. 370(13) inserted by 2024 c. 13 Sch. 29 para. 7(2)
s. 371(13) inserted by 2024 c. 13 Sch. 29 para. 7(3)
s. 393(5)(t) inserted by 2024 c. 13 Sch. 30 para. 28(b)
s. 402(2A)(za)(zb) inserted by 2022 c. 46 Sch. para. 2
Sch. 3A para. 21(6) inserted by 2022 c. 46 Sch. para. 3(5)(b)
Sch. 3A para. 37(3)(aza) inserted by 2022 c. 46 Sch. para. 3(9)
Sch. 3A para. 84(1)(aza) inserted by 2022 c. 46 Sch. para. 3(10)
Sch. 3A para. 103(1)(ca) inserted by 2022 c. 46 s. 70
Sch. 3A para. 119A inserted by 2022 c. 46 s. 72
Sch. 3A Pt. 4ZA inserted by 2022 c. 46 s. 67(1)
Sch. 12 para. 1(15) inserted by 2024 c. 15 Sch. 1 para. 1(10)
Sch. 12 para. 4(2A) inserted by 2024 c. 15 Sch. 4 para. 52(4)
Sch. 12 para. 7(14) inserted by 2024 c. 15 Sch. 1 para. 2(10)
Sch. 12 para. 3(6)-(7B) substituted for Sch. 12 para. 3(6)(7) by 2024 c. 15 Sch. 4 para. 51(4)

Code relating to programme commissioningU.K.

10(1)It shall be the duty of [F1S4C] to draw up and from time to time revise a code of practice setting out the principles that are to be applied [F2—U.K.

(a)]when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions[F3, or

(b)when they are agreeing terms for the commissioning of independent productions that will be included in a qualifying audiovisual service other than one to which paragraph (a) relates but which they wish to count towards meeting a duty imposed by virtue of paragraph 7(1) or (4).]

(2)A relevant purpose is a purpose connected with the provision by [F4S4C] or an S4C company of a [F5television] programme service.

(3)It shall also be the duty of [F6S4C]—

(a)at all times to comply with the code of practice which is for the time being in force under this paragraph;

(b)to take all reasonable steps for securing that the code is complied with by S4C companies;

(c)to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and

(d)to comply with such directions as may be given to [F7S4C] by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b).

(4)The code for the time being in force under this paragraph must be such as to secure, in the manner described in guidance issued by OFCOM—

(a)that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;

(b)that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;

(c)that there is sufficient transparency about the amounts to be paid in respect of each category of rights;

(d)that satisfactory arrangements are made about the duration and exclusivity of those rights;

(e)that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;

(f)that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;

(g)that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.

[F8(h)that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.]

(5)[F9S4C] must also ensure that the drawing up or revision of a code by virtue of this paragraph is in accordance with guidance issued by OFCOM as to—

(a)the times when the code is to be drawn up or reviewed with a view to revision;

(b)the consultation to be undertaken before a code is drawn up or revised;

(c)the publication of every code or revised code.

(6)[F10S4C] must submit to OFCOM for approval a draft of—

(a)every code that is required to be drawn up under this paragraph; and

(b)every revision made by [F11S4C] of such a code.

(7)A code drawn up by [F12S4C] or a revision of such a code —

(a)is to have effect for the purposes of this paragraph only if approved by OFCOM; and

(b)if approved by OFCOM subject to modifications, is to have effect with those modifications.

(8)OFCOM—

(a)must issue and may from time to time revise guidance for the purposes of this paragraph;

(b)must ensure that there is always guidance for those purposes in force;

(c)must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and [F13S4C]; and

(d)must publish their guidance or revised guidance in such manner as they think appropriate.

(9)Guidance issued by OFCOM for the purposes of this paragraph must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates.

F14(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this paragraph “independent production” has the same meaning as in paragraph 7.

[F15(12)See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).]

Textual Amendments

F1Word in Sch. 12 para. 10(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 58(2); S.I. 2024/858, reg. 2(1)(x)

F2Word in Sch. 12 para. 10(1) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 4(a); S.I. 2024/858, reg. 3, Sch.

F3Sch. 12 para. 10(1)(b) and word inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 4(b); S.I. 2024/858, reg. 3, Sch.

F4Word in Sch. 12 para. 10(2) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 58(2); S.I. 2024/858, reg. 2(1)(x)

F5Word in Sch. 12 para. 10(2) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 58(3); S.I. 2024/858, reg. 2(1)(x)

F6Word in Sch. 12 para. 10(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 58(2); S.I. 2024/858, reg. 2(1)(x)

F7Word in Sch. 12 para. 10(3)(d) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 58(4); S.I. 2024/858, reg. 2(1)(x)

F8Sch. 12 para. 10(4)(h) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 4(c); S.I. 2024/858, reg. 3, Sch.