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4In paragraph 10 of Schedule 12 to that Act (code relating to programme commissioning)—
(a)in sub-paragraph (1), after “to be applied” insert “—
(a)”;
(b)at the end of that sub-paragraph insert “, 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).”;
(c)in sub-paragraph (4), after paragraph (g) insert—
“(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.”;
(d)after sub-paragraph (11) insert—
“(12)See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).”
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