PART 2The Cultural Tests
Excluded programmes5.
(1)
A programme must not be certified as a British programme under these Regulations if parts of the programme whose playing time exceeds 10% of the total playing time are derived from a previous programme, unless—
(a)
the two programmes have the same television production company M1 or producer; and
(b)
the previous programme has not been certified under these Regulations.
(2)
The Secretary of State may direct that paragraph (1) does not apply in relation to a programme if in the opinion of the Secretary of State—
(a)
it is a documentary within the meaning of section 1216AB(3)(b) of the Act; and
(b)
its subject matter makes it appropriate for paragraph (1) not to be applied.
(3)
For the purposes of this regulation—
(a)
no account may be taken of the programme soundtrack;
(b)
“producer” means the person by whom the arrangements necessary for the making of a programme are undertaken.