Textual Amendments
F1Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Modifications etc. (not altering text)
C1Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
C2Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Textual Amendments
F2Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
F3Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
(1)The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing [F4in each year]—
(a)[F5that what appears to OFCOM to be a suitable proportion of programmes made in the United Kingdom for viewing on Channel 4 are programmes made in the United Kingdom outside the M25 area;]
[F5that 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 [F6the programmes for such viewing that are made in the United Kingdom outside the M25 area] [F6those programmes] (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c)that what appears to OFCOM to be [F7a suitable proportion] [F7a suitable amount] of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 [F8, or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4,] 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)Before imposing a condition under this section, OFCOM must consult C4C.
(3)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).
(4)[F9A proportion] [F9An 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 [F10a significant proportion of the programmes or expenditure] [F10a significant amount of the expenditure] in question.
(5)In this section—
“expenditure”, in relation to a programme, means—
expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
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; and
“programme” does not include an advertisement.
[F11(6)See also sections 278B and 278C (which make further provision for the interpretation of this section etc).]
Textual Amendments
F4Words in s. 288(1) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(8)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F5S. 288(1)(a)(aa) substituted for s. 288(1)(a) (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(8)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F6Words in s. 288(1)(b) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(8)(c), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F7Words in s. 288(1)(c) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(8)(d), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F8Words in s. 288(1)(c) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(8)(e), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F9Words in s. 288(4) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(9)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F10Words in s. 288(4) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(9)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
F11S. 288(6) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 14(10), 55(3)(a); S.I. 2024/858, reg. 3, Sch.
Commencement Information
I1S. 288 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)