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(a) must, in the case of each licensed public service channel, be such | |
proportion as OFCOM consider appropriate for ensuring that the | |
channel is consistently of a high quality; and | |
(b) may, for the purposes of paragraph (b) of that subsection, be expressed | |
as the cumulative effect of two different minimum proportions, one | 5 |
applying to peak viewing times and the other to other times. | |
(3) A condition contained in a licence by virtue of this section may provide— | |
(a) that specified descriptions of programmes are to be excluded in | |
determining the programmes a proportion of which is to consist of | |
original productions; | 10 |
(b) that, in determining for the purposes of the condition whether a | |
programme is of a description of programmes excluded by virtue of | |
paragraph (a), regard is to be had to any guidance prepared and | |
published, and from to time revised, by OFCOM. | |
(4) Before imposing a condition under this section, OFCOM must consult the | 15 |
person on whom it is to be imposed. | |
(5) The requirement to consult is satisfied, in the case of the imposition of a | |
condition by way of a variation of a licence, by compliance with section 3(4)(b) | |
of the 1990 Act (obligation to give opportunity to make representations about | |
variation). | 20 |
(6) References in this section, in relation to a licensed public service channel, to | |
original productions are references to programmes of such description as the | |
Secretary of State may by order specify as describing the programmes that are | |
to be original productions for the purposes of this section. | |
(7) Before making an order under this section the Secretary of State must consult | 25 |
OFCOM, the BBC and the Welsh Authority. | |
(8) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(9) In this section— | 30 |
“peak viewing time”, in relation to a licensed public service channel, | |
means a time that appears to OFCOM to be, or to be likely to be, a peak | |
viewing time for that channel; and | |
“programme” does not include an advertisement. | |
(10) Before determining for the purposes of this section what constitutes a peak | 35 |
viewing time for a channel, OFCOM must consult the provider of the channel. | |
News provision etc. on public service television | |
271 News and current affairs programmes | |
(1) The regulatory regime for every licensed public service channel includes the | |
conditions that OFCOM consider appropriate for securing— | 40 |
(a) that the programmes included in the channel include news | |
programmes and current affairs programmes; | |
(b) that the news programmes and current affairs programmes included in | |
the service are of high quality and deal with both national and | |
international matters; and | 45 |
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(c) that the news programmes so included are broadcast for viewing at | |
intervals throughout the period for which the channel is provided. | |
(2) That regime also includes the conditions that OFCOM consider appropriate for | |
securing that, in each year— | |
(a) the time allocated to the broadcasting of news programmes included in | 5 |
the service, and | |
(b) the time allocated to the broadcasting of current affairs programmes so | |
included, | |
each constitutes no less than what appears to OFCOM to be an appropriate | |
proportion of the time allocated to the broadcasting of all the programmes | 10 |
included in the channel. | |
(3) It further includes the conditions that OFCOM consider appropriate for | |
securing that the time allocated— | |
(a) to the broadcasting of news programmes included in the service, and | |
(b) to the broadcasting of current affairs programmes so included, | 15 |
is, in each case, split in what appears to OFCOM to be an appropriate manner | |
between peak viewing times and other times. | |
(4) The proportion determined by OFCOM for the purposes of subsection (2) may, | |
for the purposes of subsection (3), be expressed as the cumulative effect of two | |
different minimum proportions, one applying to peak viewing times and the | 20 |
other to other times. | |
(5) In this section “peak viewing time”, in relation to a licensed public service | |
channel, means a time determined by OFCOM to be, or to be likely to be, a peak | |
viewing time for that channel. | |
(6) Before determining for the purposes of this section— | 25 |
(a) the proportion of time to be allocated to the broadcasting of news | |
programmes or current affairs programmes; or | |
(b) what constitutes a peak viewing time for a channel, | |
OFCOM must consult the provider of the channel or (as the case may be) the | |
person who is proposing to provide it. | 30 |
(7) The requirement to consult is satisfied, in the case of the imposition of a | |
condition by way of a variation of a licence, by compliance with section 3(4)(b) | |
of the 1990 Act (obligation to give opportunity to make representations about | |
variation). | |
272 Appointed news providers for Channel 3 | 35 |
(1) The regulatory regime for every regional Channel 3 service includes the | |
conditions that OFCOM consider appropriate for securing the nationwide | |
broadcasting, on the regional Channel 3 services (taken together), of news | |
programmes that are able to compete effectively with other television news | |
programmes broadcast nationwide in the United Kingdom. | 40 |
(2) The conditions imposed under this section must include a condition requiring | |
the holder of a regional Channel 3 licence to do all that he can to ensure— | |
(a) that arrangements for the appointment of a single body corporate as the | |
appointed news provider are maintained between all the holders of | |
regional Channel 3 licences; and | 45 |
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(b) that, at all times while he is providing a regional Channel 3 service, | |
there is in force an appointment made in accordance with those | |
arrangements. | |
(3) The arrangements that are required to be maintained by virtue of conditions | |
imposed under subsection (2) must provide— | 5 |
(a) for an appointment of a person as the appointed news provider to be | |
made only from among bodies corporate nominated by OFCOM in | |
accordance with section 32 of the 1990 Act; | |
(b) for such an appointment to cease to have effect if the nomination under | |
section 32 of the 1990 Act of the appointed person is terminated; | 10 |
(c) for the terms on which such an appointment is made to include the | |
terms appearing to OFCOM to be appropriate for securing that the | |
finances of the person appointed are adequate, throughout the period | |
of his appointment, to ensure that the Channel 3 news obligations are | |
capable of being met; and | 15 |
(d) for the approval of OFCOM to be required for the purposes of | |
paragraph (c) to the terms on which such an appointment is made. | |
(4) The conditions imposed under this section must include a condition requiring | |
the news programmes included in a regional Channel 3 service— | |
(a) to be programmes provided by the person who is for the time being the | 20 |
appointed news provider for the purposes of this section; and | |
(b) to be so included in that service as to be broadcast simultaneously with | |
the broadcasting of news programmes included, in accordance with | |
conditions imposed under this subsection, in other regional Channel 3 | |
services. | 25 |
(5) Those conditions must also require the news programmes provided by the | |
appointed news provider which, in accordance with a condition imposed | |
under subsection (4), are included in a regional Channel 3 service to be | |
programmes that are presented live. | |
(6) OFCOM— | 30 |
(a) may issue guidance as to the terms that will satisfy requirements | |
imposed by virtue of subsection (3)(c); and | |
(b) must have regard to guidance for the time being in force under this | |
subsection when considering whether to give an approval for the | |
purposes of provision made by virtue of subsection (3)(d). | 35 |
(7) For the purposes of this section the Channel 3 news obligations are— | |
(a) the requirements of any conditions imposed in relation to regional | |
Channel 3 services under section 271; and | |
(b) the nationwide broadcasting on the regional Channel 3 services (taken | |
together) of news programmes that are able to compete effectively with | 40 |
other television news programmes broadcast nationwide in the United | |
Kingdom. | |
(8) Conditions imposed under this section are not to require arrangements to | |
make provision falling within subsection (3)(c) or (d) in relation to | |
appointments made before the commencement of this section. | 45 |
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273 Power to repeal Channel 3 news provider provisions | |
(1) If it appears to the Secretary of State appropriate to do so, he may by order | |
repeal section 272 of this Act and section 32 of the 1990 Act. | |
(2) Except in a case to which subsection (3) applies, the Secretary of State must | |
consult OFCOM before making an order under this section. | 5 |
(3) Consultation with OFCOM is not required if the order is confined to giving | |
effect to recommendations by OFCOM that are contained in a report of a | |
review under section 377. | |
(4) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | 10 |
resolution of each House. | |
274 News providers for Channel 5 | |
(1) If it appears to the Secretary of State appropriate to do so, he may by order | |
make provision requiring news programmes included in Channel 5 to be | |
provided by a person appointed as a news provider in accordance with the | 15 |
order. | |
(2) An order under this section may make provision in relation to Channel 5 that | |
corresponds, with such modifications as the Secretary of State thinks fit, to any | |
provision made in relation to regional Channel 3 services by section 272 of this | |
Act or section 32 of the 1990 Act. | 20 |
(3) Subsection (2) applies irrespective of any repeal or other modification by an | |
order under this Act of section 272 of this Act or section 32 of the 1990 Act. | |
(4) An order under this section may include provision for section 194A of the 1990 | |
Act (application of Competition Act 1998 to Channel 3 news provision) to have | |
effect (with such modifications as may be specified in the order) in relation to | 25 |
the appointment of a person as a news provider for Channel 5 as it has effect in | |
relation to the appointment of a person as a news provider for Channel 3. | |
(5) The Secretary of State is not to make an order under this section for the | |
imposition of obligations in relation to Channel 5 unless he is satisfied that | |
Channel 5’s share of the audience for television broadcasting services is | 30 |
broadly equivalent to that of the services comprising Channel 3. | |
(6) An order under this section must require a licence holder to have a reasonable | |
opportunity of making representations to OFCOM before his licence is varied | |
in pursuance of the order. | |
(7) Except in a case to which subsection (8) applies, the Secretary of State must | 35 |
consult OFCOM before making an order under this section. | |
(8) Consultation with OFCOM is not required if the order is confined to giving | |
effect to recommendations by OFCOM that are contained in a report of a | |
review under section 377. | |
(9) No order is to be made containing provision authorised by this section unless | 40 |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
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