Explanatory note

These Regulations create new provisions in relation to quotas for regional programme-making and amend the Broadcasting (Original Productions) Order 2004 (S.I. 2004/1652) (“the 2004 Order”) in order to implement provisions set out in the Media Act 2024 (c. 15) (“the 2024 Act”) relating to programme-making quotas for original and regional productions for Channels 3, 4 and 5, and for S4C.

Regulation 2 confers functions on OFCOM in relation to regional programme-making quotas in relation to whether content already made available in the same or substantially the same form (“repeats”) may be counted towards meeting a programme-making quota.

Paragraph (2) of regulation 3 amends the definition of “original productions” for the purposes of section 278 of the Communication Act 2003 (c. 21) (programming quotas for original productions) in article 3 of the 2004 Order, in order to take account of changes made by the 2024 Act.

Paragraphs (3) and (5) of regulation 3 insert two new articles into the 2004 Order. These require OFCOM to determine whether “repeats” may be counted towards meeting an original production quota of a licensed public service channel or S4C, respectively. These new articles also confer further functions on OFCOM regarding how such a determination is made.

Paragraph (4) of regulation 3 amends the definition of “original productions” for the purposes of paragraph 8 of Schedule 12 to the Communications Act 2003 (programme quotas for original productions: S4C) in article 4 of the 2004 Order, in order to take account of changes made by the 2024 Act, and replaces references to “the Welsh Authority” with references to S4C.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.