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Communications Act 2003
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Changes to legislation:
Communications Act 2003, Section 286 is up to date with all changes known to be in force on or before 16 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 286:
- 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)
286Regional programme-making for Channels 3 and 5U.K.
This section has no associated Explanatory Notes
(1)The regulatory regime for every Channel 3 service includes the conditions (if any) that OFCOM consider appropriate in the case of that service for securing [F1in each year]—
(a)[F2that what appears to OFCOM to be a suitable proportion of Channel 3 programmes made in the United Kingdom are programmes made in the United Kingdom outside the M25 area;]
[F2that the provider of that service makes available qualifying audiovisual content that, so far as it consists of Channel 3 programmes made in the United Kingdom, includes Channel 3 programmes made outside the M25 area;
(aa)that the duration (in total) of the Channel 3 programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;]
(b)that [F3the Channel 3 programmes that are made in the United Kingdom outside the M25 area] [F3those programmes] (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c)that what appears to OFCOM to be [F4a suitable proportion] [F4a suitable amount] of the expenditure of the providers of Channel 3 services on Channel 3 programmes made in the United Kingdom is referable to programme production at different production centres outside the M25 area; and
(d)that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(2)In the case of a national Channel 3 service, subsection (1) requires the inclusion of conditions in the licence for the service only where OFCOM consider, having regard to the nature of the service, that it would be appropriate for conditions falling within that subsection to be so included.
(3)The regulatory regime for Channel 5 includes the conditions that OFCOM consider appropriate for securing [F5in each year]—
(a)[F6that what appears to OFCOM to be a suitable proportion of the programmes made in the United Kingdom for viewing on that Channel are programmes made in the United Kingdom outside the M25 area;]
[F6that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area;
(aa)that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;]
(b)that [F7the programmes for such viewing that are made in the United Kingdom outside the M25 area] [F7those programmes] (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c)that what appears to OFCOM to be [F8a suitable proportion] [F8a suitable amount] of the expenditure of the provider of Channel 5 on programmes made in the United Kingdom for viewing on that Channel [F9, or for viewing by means of any other qualifying audiovisual service provided by the provider of that Channel,] is referable to programme production at different production centres outside the M25 area; and
(d)that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(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)[F10A proportion] [F10An amount of expenditure] is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than [F11a significant proportion of the programmes or expenditure] [F11a significant amount of the expenditure] in question.
(7)In this section—
“Channel 3 programmes” means programmes made for viewing on Channel 3 [F12, or for viewing by means of any other qualifying audiovisual service provided by a provider of a Channel 3 service,] in more than one area for which regional Channel 3 services are provided, including any programme made for viewing on a national Channel 3 service other than a regional programme;
“expenditure”, in relation to a programme, means—
(a)expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
(b)expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast;
“programme” does not include an advertisement; and
“regional programme” means a programme made with a view to its inclusion in a national Channel 3 service as a programme of particular interest to persons living within a particular area of the United Kingdom.
[F13(8)See also sections 278B and 278C (which make further provision for the interpretation of this section etc).]
Textual Amendments
F1Words in s. 286(1) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(2)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F2S. 286(1)(a)(aa) substituted for s. 286(1)(a) (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(2)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F3Words in s. 286(1)(b) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(2)(c), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F4Words in s. 286(1)(c) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(2)(d), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F5Words in s. 286(3) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(3)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F6S. 286(3)(a)(aa) substituted for s. 286(3)(a) (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(3)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F7Words in s. 286(3)(b) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(3)(c), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F8Words in s. 286(3)(c) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(3)(d), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F9Words in s. 286(3)(c) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(3)(e), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F10Words in s. 286(6) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(4)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F11Words in s. 286(6) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(4)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F12Words in s. 286(7) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(5), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F13S. 286(8) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(6), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
Commencement Information
I1S. 286 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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