Communications Act 2003

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)