The Broadcasting (Independent Productions) Order 1991

Meaning of “qualifying programmes”

2.—(1) In section 16(2)(h) of the 1990 Act, the expression “qualifying programmes” means, subject to paragraphs (2) to (4) below, all the programmes included in the relevant television broadcasting service which fall within any of the following descriptions of programmes, namely–

(a) a programme which has been made either by the relevant broadcaster or by a person commissioned by him;

(b) a programme which has been made by the relevant broadcaster together with any other person or by a person commissioned by the relevant broadcaster together with any other person, provided that not less than 25 per cent of the actual cost of the production of the programme has been borne or provided by the relevant broadcaster; and

(c) a programme including images or images and sounds which have been provided by a person other than the relevant broadcaster or a person commissioned by him where–

(i) the images or images and sounds so provided consist of live coverage of an event;

(ii) they do not exceed 75 per cent of the duration of the programme, and

(iii) the remainder of the programme (including any sound commentary added to those images or images and sounds) has been made by the relevant broadcaster or a person commissioned by him.

(2) In section 16(2)(h) of the 1990 Act the expression “qualifying programme” shall not include any programme which falls within any of the following descriptions, namely–

(a) a programme which has previously been shown in substantially the same form on the relevant television broadcasting service;

(b) a programme which consists, wholly or mainly, of news;

(c) a programme constituting part of a series of programmes which–

(i) consist, wholly or mainly, of news or items relevant to news,

(ii) are presented live, and

(iii) are usually shown on at least four days in each of the weeks when they are shown;

(d) a programme provided by or on behalf of the Open University or Open College; and

(e) a broadcast on behalf of a political party or any statement by a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975(1).

(3) A programme may fall within sub-paragraph (a) or (b) of paragraph (1) above as being commissioned by the relevant broadcaster notwithstanding that it was intended to be first shown commercially in cinemas.

(4) In the application of paragraph (1) above to a regional Channel 3 service, references to the relevant broadcaster shall include references to the holder of another regional Channel 3 service licence or any person acting on behalf of the holders of such licences.

(1)

1975 c. 26.