Paragraph 10 I1

when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions F3, or

at all times to comply with the code of practice which is for the time being in force under this paragraph;

to take all reasonable steps for securing that the code is complied with by S4C companies;

to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and

to comply with such directions as may be given to F7S4C by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b).

that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;

that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;

that there is sufficient transparency about the amounts to be paid in respect of each category of rights;

that satisfactory arrangements are made about the duration and exclusivity of those rights;

that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;

that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;

that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.

that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.

the times when the code is to be drawn up or reviewed with a view to revision;

the consultation to be undertaken before a code is drawn up or revised;

the publication of every code or revised code.

every code that is required to be drawn up under this paragraph; and

every revision made by F11S4C of such a code.

is to have effect for the purposes of this paragraph only if approved by OFCOM; and

if approved by OFCOM subject to modifications, is to have effect with those modifications.

must issue and may from time to time revise guidance for the purposes of this paragraph;

must ensure that there is always guidance for those purposes in force;

must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and F13S4C; and

must publish their guidance or revised guidance in such manner as they think appropriate.