278CQuotas: further provision about their fulfilment

1

In this section, a “quota condition” means—

a

a condition that forms part of the regulatory regime of a licensed public service channel by virtue of—

i

section 277(1) or (4) (quotas for independent productions),

ii

section 278(1) (quotas for original productions),

iii

section 278A(4) (additional quotas), or

iv

section 286(1)(a) and (aa) or (3)(a) and (aa) or 288(1)(a) and (aa) (regional programme-making quotas relating to duration);

b

a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure), where the condition is framed by reference to the making available of qualifying audiovisual content;

c

a duty of the BBC under or by virtue of paragraph 1(1) or (4) of Schedule 12 (BBC quotas for independent productions);

d

a duty of S4C under or by virtue of paragraph 7(1) or (4) or 8(1) of Schedule 12 (S4C quotas for independent productions and original productions).

2

The Secretary of State must by regulations make provision determining whether qualifying audiovisual content that is made available by a person in the circumstances described in subsection (3) may be counted towards meeting a quota condition.

3

Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).

4

For the purposes of subsection (3)—

a

“audiovisual content” has the same meaning as in section 264;

b

section 264(13) (interpretation of “made available”) applies as it applies for the purposes of section 264.

5

Except in the case of a quota condition relating to independent productions, regulations under subsection (2) may, instead of determining the matter described in that subsection, require OFCOM to determine it.

6

Where the regulations require OFCOM to determine the matter, OFCOM must do so—

a

in relation to a quota condition falling within subsection (1)(a) or (b), by conditions included in the licence of the provider of the licensed public service channel, and

b

in relation to a quota condition falling within subsection (1)(d), by a direction given by OFCOM to S4C.

7

Before giving a direction under subsection (6)(b), OFCOM must consult S4C.

8

In relation to a quota condition falling within subsection (1)(a) or (b), the reference in subsection (3) to the person includes a reference to any person who previously held the licence to provide the licensed public service channel in question.

9

Before making regulations under subsection (2), the Secretary of State must consult OFCOM.

10

A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.