OpenLegislation

Regulation 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Regulations—

  • “the 2003 Act” means the Communications Act 2003;

  • “broadcaster” means—

    1. (a)

      the BBC,

    2. (b)

      S4C, or

    3. (c)

      a person who provides a relevant regulated television service;

  • “control” has the same meaning as in paragraph 1 of Schedule 2 to the 1990 Actf1;

  • “excluded programme” means—

    1. (a)

      a programme which consists wholly or mainly of news,

    2. (b)

      a programme constituting part of a series of programmes which—

      1. (i)

        consist, wholly or mainly, of news or items relevant to news,

      2. (ii)

        are presented live, and

      3. (iii)

        are usually shown on at least four days in each of the weeks when they are shown,

    3. (c)

      a programme provided by or on behalf of the Open University, or

    4. (d)

      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 or by the Scottish Ministers;

  • “local television broadcaster” means a person who provides a local digital television programme service (within the meaning of article 3 of the Local Digital Television Programme Services Order 2012f2) and no other relevant regulated television service;

  • “producer” means a person by whom the arrangements necessary for—

    1. (a)

      the making of a programme, or

    2. (b)

      in the circumstances described in regulations 4(2)(c) and 6(2)(c), the making of part of a programme,

    are undertaken;

  • “production facilities requirement” means a contractual obligation a broadcaster has required, as a condition on which the contract is granted, that the producer must—

    1. (a)

      use the production facilities of the broadcaster, or

    2. (b)

      not use the production facilities of another broadcaster,

    unless this requirement arises from an obligation contained in an earlier contract that remains in force;

  • “programme” does not include an advertisement or any separate item whose duration is two minutes or less;

  • “relevant broadcaster” means the person who provides a digital television programme service that is not comprised in a licensed public service channel and “relevant television programme service” means that service;

  • “relevant provider” means—

    1. (a)

      the BBC,

    2. (b)

      S4C, or

    3. (c)

      the provider of a licensed public service channel;

  • “relevant regulated television service” has the meaning given by section 13(1A) of the 1990 Actf3.

(2)

For the purposes of these Regulations—

(a)

the following persons are treated as connected with a broadcaster—

(i)

a person who controls the broadcaster,

(ii)

an associate of the broadcaster or of a person falling within paragraph (i), and

(iii)

a body which is controlled by the broadcaster or by an associate of the broadcaster;

(b)

“associate” is to be construed in accordance with paragraph 1(1A) of Schedule 2 to the 1990 Actf4.

(3)

In the definition of “production facilities requirement”, a reference to the production facilities of a broadcaster means—

(a)

any premises or equipment which may be used to make a programme and which are owned or leased by that broadcaster or are otherwise under their control, and

(b)

any person who is employed by, or has contractual obligations with, that broadcaster in connection with the making of programmes except any person who is employed, or has contractual obligations, to be seen or heard (or both) on programmes.

(4)

For the purposes of these Regulations, a programme may be treated as being made by a particular person or persons notwithstanding that more than 75% of the duration of the programme includes images or images and sounds which have been provided by some person other than that person or those persons where—

(a)

the images or images and sounds so provided are not broadcast live, and

(b)

changes of substance (whether by means of editing or otherwise) have been made to such images or images and sounds.

(5)

For the purposes of these Regulations, a programme must not be prevented from being treated as having been commissioned by a broadcaster by reason only of the fact that it was intended to be first shown commercially in cinemas.

(6)

In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 servicef5, references to the relevant provider include references to the provider of another regional Channel 3 service or any person acting on behalf of such providers.

(7)

In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 service where the provider of that service also provides, or is an associate of the provider of, the national Channel 3 servicef6, references to the relevant provider include references to the provider of the national Channel 3 service or any person acting on behalf of that provider.

Annotations

Footnotes

f1

The “1990 Act” is defined in section 405(1) of the Communications Act 2003 (c. 21). The definition of “control” in paragraph 1(1) of Schedule 2 to the Broadcasting Act 1990 (c. 42) was amended by paragraph 1(2)(c) of Part 1 of Schedule 2 to the Broadcasting Act 1996 (c. 55). Paragraph 1(3) and (3A) of Schedule 2 to the Broadcasting Act 1990 were substituted for paragraph 1(3) by paragraph 1(4) of Part 1 of Schedule 2 to the Broadcasting 1996, and paragraph 1(3)(b) was amended by section 357(1) of the Communications Act 2003.

f2

S.I. 2012/292. There are no relevant amendments.

f3

Subsection (1A) of section 13 was inserted by paragraph 5 of Schedule 15 to the Communications Act 2003.

f4

Paragraph 1(1A) was inserted by paragraph 1(3) of Part 1 of Schedule 2 to the Broadcasting Act 1996.

f5

The definition of “regional Channel 3 service” is in section 362(1) of the Communications Act 2003.

f6

The definition of “national Channel 3 service” is in section 362(1) of the Communications Act 2003.