Regulation 7 Meaning of “independent productions” in section 309 of the 2003 Act

(1)

For the purposes of section 309(1) of the 2003 Act, a reference to “independent productions” is a reference to any programmes that meet Conditions A to C.

(2)

Condition A is that the programme falls within the definition of “qualifying programme” specified in regulation 6.

(3)

Condition B is that—

(a)

in the case of a programme to which sub-paragraph (a) of regulation 6(2) applies, has been made by an independent producer,

(b)

in the case of a programme to which sub-paragraph (b) of that provision applies, has been made by an independent producer together with any other person, or

(c)

in the case of a programme to which sub-paragraph (c) of that provision applies, the part of the programme referred to in paragraph (iii) of that sub-paragraph has been made by an independent producer.

(4)

Condition C is that the programme has been made in pursuance of a contract between a relevant broadcaster and a 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.