Regulation 4 Meaning of “independent productions” in section 277 of, and Schedule 12 to, the 2003 Act

(1)

For the purposes of section 277 of, and paragraphs 1 and 7 of Schedule 12 to, the 2003 Act, a reference to “independent productions” is a reference to programmes that meet Conditions A to C.

(2)

Condition A is that the programme has been commissioned by the relevant provider and—

(a)

has been made by an independent producer,

(b)

has been made by—

(i)

the relevant provider together with an independent producer, or

(ii)

an independent producer together with any other person,

where 25 % or more of the cost of the production of the programme has been borne or provided by the relevant provider, or

(c)

includes images or images and sounds which have been provided by a person other than the relevant provider, or a person commissioned by them, where—

(i)

the images or images and sounds so provided consist of live coverage of an event,

(ii)

they do not exceed 75 % of the duration of the programme, and

(iii)

the remainder of the programme, including any sound commentary added to those images or images and sounds, has been made by an independent producer.

(3)

Condition B is that the programme has been made pursuant to a contract between the relevant provider and producer which—

(a)

where any contractual obligations—

(i)

concern directly or indirectly, the making of programmes (but not in respect of the use made of them), and

(ii)

are capable of remaining in force for a period in excess of five years,

provides either side with the right to terminate those obligations at intervals of not more than five years, but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination, and

(b)

does not include a production facilities requirement.

(4)

Condition C is that the programme is not an excluded programme.