The Broadcasting (Independent Productions) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order defines the expressions “qualifying programmes” and “independent productions” for the purposes of section 16(2)(h) of the Broadcasting Act 1990 (requirements with which a regional Channel 3 service should comply). The definitions are also applied by section 25(4) of that Act (Channel 4), section 29(2) (Channel 5), section 44(4)(b) (domestic satellite service) and section 186(2)(a) (the British Broadcasting Corporation).

Article 2(1) of this Order defines “qualifying programmes” as programmes which are made by the relevant broadcaster or by a person commissioned by him whether they are so made or commissioned only by the relevant broadcaster (sub-paragraph (a)) or, subject to the specified financial contribution, by him together with some other person (sub-paragraph (b)). The definition also includes programmes consisting of live coverage of events when such coverage has been provided by a person other than the broadcaster or a person commissioned by him provided the conditions in article 2(1)(c) are satisfied. Article 2(2) excludes certain descriptions of programmes from this definition. Article 2(3) concerns the commissioning of programmes originally intended for showing in the cinema and article 2(4) makes adaptations which are only relevant to regional Channel 3 services.

Article 3(1) of this Order defines “independent productions” as those qualifying programmes which have been made by an independent producer as defined (subject to special provision in respect of programmes falling within article 2(1)(c)) and which satisfy article 3(2) (which concerns long term contractual obligations between producers and broadcasters) and do not contravene article 3(3) (which concerns requirements to use a broadcaster’s production facilities, as defined, or not to use those of another broadcaster). Paragraph (4) of article 3 defines “independent producer” for these purposes and paragraphs (5) and (6) supplement that definition. Further definitions are included in article 3(7).