Regulation 3 Meaning of “independent producer”

(1)

In these Regulations, an “independent producer” means a producer—

(a)

who is not a broadcaster, an employee of a broadcaster or a person connected with a broadcaster,

(b)

who does not have a relevant shareholding greater than 25% in a broadcaster or a person connected with a broadcaster, unless the exception in paragraph (2) applies, and

(c)

which is not a body corporate in which either—

(i)

any one broadcaster or person connected with a broadcaster has a relevant shareholding greater than 25%, or

(ii)

more than two broadcasters or persons connected with a broadcaster together have an aggregate relevant shareholding greater than 50%.

(2)

For the purposes of paragraph (1)(b), a relevant shareholding does not include any shareholding which a producer has in a local television broadcaster or a person connected with a local television broadcaster unless the shareholding is in a person who is connected with the local television broadcaster and the person is—

(a)

a broadcaster other than a local television broadcaster, or

(b)

connected with a broadcaster who is not a local television broadcaster.

(3)

For the purposes of paragraph (1), “relevant shareholding” means a shareholding held in the circumstances in which a person or persons—

(a)

hold or are beneficially entitled to more than the percentage of shares specified in paragraph (1)(b) and (c); or

(b)

possess more than that specified percentage of voting power in the body in question.

(4)

For the purposes of this regulation, a person holds or is beneficially entitled to shares, or possesses voting power, in a body corporate whether that person—

(a)

does so or is so entitled alone or jointly with one or more persons, and

(b)

whether that person does so or is so entitled directly or through one or more nominees.

(5)

A person is to be treated as an independent producer, despite not meeting the requirements in paragraph (1), where they have made a programme (whether on their own or together with any other person) providing that—

(a)

they were commissioned to make the programme, whether on their own or together with any other person, by a relevant provider or relevant broadcaster,

(b)

they were an independent producer when commissioned,

(c)

the relevant provider or relevant broadcaster so commissioned them in good faith in the expectation that they would be an independent producer when performing their part in the making of the programme,

(d)

the programme was made within 2 years of the date on which they were so commissioned, and

(e)

in the circumstances described in regulation 4(2)(c) or regulation 6(2)(c), the part of a programme made by the person is the part referred to in paragraph (iii) of those sub-paragraphs.

(6)

For the purposes of paragraph (5), a producer is commissioned to make a programme on the date on which they become subject to a contractual obligation to make that programme (whether on their own or with another person) regardless of whether that obligation is subsequently varied or supplemented by any further contractual provisions relating to the making of the programme.