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The Broadcasting (Independent Productions) (Amendment) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111118825

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 277(12) and 309(5) of, and paragraphs 1(13) and 7(11) of Schedule 12 to, the Communications Act 2003, for approval by resolution of each House of Parliament.

Broadcasting

Made 2014

Coming into force in accordance with article 1

The Secretary of State makes the following Order, in exercise of the powers conferred by sections 277(2)(b) and 309(2)(b) of, and paragraphs 1(2)(b) and 7(2)(b) of Schedule 12 to, the Communications Act 2003f1.

In accordance with sections 277(11) and 309(4) of, and paragraphs 1(12) and 7(10) of Schedule 12 to, that Act, the Secretary of State has consulted OFCOM, the BBC and the Welsh Authority.

In accordance with sections 277(12) and 309(5) of, and paragraphs 1(13) and 7(11) of Schedule 12 to, that Act, the draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c.21.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Broadcasting (Independent Productions) Order 1991
  3. 3Amendment of the Broadcasting (Independent Productions) Order 1991
  4. 4Amendment of the Broadcasting (Independent Productions) Order 1991
  5. 5Amendment of the Broadcasting (Independent Productions) Order 1991
  6. 6Amendment of the Broadcasting (Independent Productions) Order 1991
  7. 7Amendment of the Broadcasting (Independent Productions) Order 1991
  8. Signature
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Broadcasting (Independent Productions) (Amendment) Order 2014 and comes into force on the day after the day on which it is made.

2Amendment of the Broadcasting (Independent Productions) Order 1991

Article 3 of the Broadcasting (Independent Productions) Order 1991f1 (meaning of “independent productions”) is amended as follows.

3Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (4)—

(a)

in sub-paragraph (b) for “paragraphs (4A) and (4B)” substitute “paragraph (4B)”;

(b)

in sub-paragraph (c) omit “UK” both times it occurs.

4Amendment of the Broadcasting (Independent Productions) Order 1991

Omit paragraph (4A).

5Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (5)—

(a)

omit “and in paragraph (4A) above except as otherwise indicated”;

(b)

after “reference to a broadcaster” omit “or producer”;

(c)

where it occurs, for “, respectively, a broadcaster or producer” substitute “a broadcaster”;

(d)

where it occurs omit “or, as the case may be, producer”;

(e)

for “has the same meaning as in” substitute “shall be construed in accordance with paragraph 1(1A) of”, and after “Schedule 2 to the 1990 Act” omit the rest of the sentence.

6Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (6) for “paragraphs (4) and (4A) above” substitute “paragraph (4)”.

7Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (7)—

(a)

in the definition of “broadcaster”—

(i)

for the words from “providing to members of the public” to “whether in the United Kingdom or elsewhere”, substitute “which is primarily intended to be available for reception by members of the public in, or in any area in, the United Kingdom (whether or not that service is also intended for reception elsewhere);”, and

(ii)

after “provides, in the United Kingdom” omit “or elsewhere”;

(b)

omit the definition of “UK broadcaster”.

Signature

Minister of State Department for Culture, Media and Sport

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Order)

This Order amends article 3 of the Broadcasting (Independent Productions) Order 1991 which defines “independent productions” for the purposes of the licence conditions set under sections 277 and 309 of and paragraphs 1 and 7 of Schedule 12 to the Communications Act 2003.

The amendments in this Order ensure that production companies owned by non-UK broadcasters can still qualify as independent producers for the purpose of the quotas imposed by licence condition on the UK’s public service broadcasters. The amendments also preserve independent status for producers who are connected to a person who owns, or is owned by, a broadcaster which does not aim its services primarily at the UK.

No impact assessment has been produced for this Order as this Order will have no impact on businesses, charities or the public sector.