Part 1Public service television
Programming quotas for public service television
8Quotas: independent productions
1
Section 277 of the Communications Act 2003 (programming quotas for independent productions) is amended as follows.
2
For subsection (1) substitute—
1
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.
3
In subsection (2), omit paragraph (a).
4
Omit subsection (3).
5
In subsection (5), for the words from “, in each year” to the end of the subsection substitute
—
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
In subsection (8), in paragraph (b), for “the percentage” substitute “the number of hours or (as the case may be) the amount”
.
7
Omit subsection (9).
8
Omit subsection (10).
9
After subsection (12) insert—
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.
10
In subsection (13)—
a
after the definition of “acquisition” insert—
“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;
b
omit the definition of “programming budget” and the word “and” before it.