|
| |
| |
(a) carrying forward to one or more subsequent years determined in | |
accordance with the direction any shortfall for any year in his | |
compliance with the requirements of conditions imposed by virtue of | |
subsection (1) or (4); and | |
(b) thereby increasing the percentage applicable for the purposes of those | 5 |
conditions to the subsequent year or years. | |
(9) For the purposes of conditions imposed by virtue of this section— | |
(a) the amount of the programming budget for a licensed public service | |
channel for a year, and | |
(b) the means of determining the amount of that budget that is applied for | 10 |
any purpose, | |
are to be computed in accordance with such provision as may be set out in an | |
order made by the Secretary of State, or as may be determined by OFCOM in | |
accordance with such an order. | |
(10) The powers of the Secretary of State to make orders under this section do not | 15 |
include— | |
(a) power to specify different percentages for the purposes of subsection | |
(1), or of a condition falling within subsection (5), for different regional | |
Channel 3 services or for different national Channel 3 services; or | |
(b) power to make different provision for different licensed public service | 20 |
channels as to whether conditions falling within subsection (1) or | |
conditions falling within subsection (5), or both, are included in the | |
regulatory regimes for those services. | |
(11) Before making an order under this section the Secretary of State must consult | |
OFCOM, the BBC and the Welsh Authority. | 25 |
(12) 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. | |
(13) In this section— | |
“acquisition”, in relation to a programme, includes commissioning and | 30 |
the acquisition of a right to include it in a service or to have it broadcast; | |
“programme” does not include an advertisement; and | |
“programming budget” means the budget for the production and | |
acquisition of qualifying programmes. | |
271 Programming quotas for original productions | 35 |
(1) The regulatory regime for every licensed public service channel includes the | |
conditions that OFCOM consider appropriate for securing— | |
(a) that the time allocated, in each year, to the broadcasting of original | |
productions included in that channel is no less than what appears to | |
them to be an appropriate proportion of the total amount of time | 40 |
allocated to the broadcasting of all the programmes included in the | |
channel; and | |
(b) that the time allocated to the broadcasting of original productions is | |
split in what appears to them to be an appropriate manner between | |
peak viewing times and other times. | 45 |
(2) The proportion determined by OFCOM for the purposes of subsection (1)— | |
| |
| |
|
| |
| |
(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) The power to specify descriptions of programmes by order under subsection | 25 |
(6) includes power to confer such discretions on OFCOM as the Secretary of | |
State thinks fit. | |
(8) Before making an order under this section the Secretary of State must consult | |
OFCOM, the BBC and the Welsh Authority. | |
(9) No order is to be made containing provision authorised by this section unless | 30 |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(10) In this section— | |
“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 | 35 |
viewing time for that channel; and | |
“programme” does not include an advertisement. | |
(11) Before determining for the purposes of this section what constitutes a peak | |
viewing time for a channel, OFCOM must consult the provider of the channel. | |
News provision etc. on public service television | 40 |
272 News and current affairs programmes | |
(1) The regulatory regime for every licensed public service channel includes the | |
conditions that OFCOM consider appropriate for securing— | |
| |
| |
|
| |
| |
(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 | 5 |
(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 | 10 |
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 | 15 |
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, | 20 |
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 | 25 |
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— | 30 |
(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. | 35 |
(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). | |
273 Appointed news providers for Channel 3 | 40 |
(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. | 45 |
| |
| |
|
| |
| |
(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 | 5 |
(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— | 10 |
(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; | 15 |
(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 | 20 |
(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 | 25 |
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. | 30 |
(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— | 35 |
(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). | 40 |
(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 272; and | |
(b) the nationwide broadcasting on the regional Channel 3 services (taken | |
together) of news programmes that are able to compete effectively with | 45 |
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. | |
274 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 | 5 |
repeal section 273 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. | |
(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 | 10 |
review under section 381. | |
(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 | |
resolution of each House. | |
275 News providers for Channel 5 | 15 |
(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 | |
order. | |
(2) An order under this section may make provision in relation to Channel 5 that | 20 |
corresponds, with such modifications as the Secretary of State thinks fit, to any | |
provision made in relation to regional Channel 3 services by section 273 of this | |
Act or section 32 of the 1990 Act. | |
(3) Subsection (2) applies irrespective of any repeal or other modification by an | |
order under this Act of section 273 of this Act or section 32 of the 1990 Act. | 25 |
(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 | |
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. | 30 |
(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 | |
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 | 35 |
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 | |
consult OFCOM before making an order under this section. | |
(8) Consultation with OFCOM is not required if the order is confined to giving | 40 |
effect to recommendations by OFCOM that are contained in a report of a | |
review under section 381. | |
| |
| |
|
| |
| |
(9) 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. | |
276 News provision on the public teletext service | |
(1) The regulatory regime for the public teletext service includes the conditions | 5 |
that OFCOM consider appropriate for securing— | |
(a) that the service includes what appears to OFCOM to be a suitable | |
quantity and variety of news items; and | |
(b) that the news items included in the service are up to date and regularly | |
revised. | 10 |
(2) Conditions imposed under this section in relation to a time when the public | |
teletext service comprises both— | |
(a) an analogue teletext service, and | |
(b) a teletext service provided in digital form, | |
must apply to both services but may make different provision for each of them. | 15 |
Programme production and regional programming for public service television | |
277 Code relating to programme commissioning | |
(1) The regulatory regime for every licensed public service channel includes the | |
conditions that OFCOM consider appropriate for securing that the provider of | |
the channel draws up and from time to time revises a code of practice setting | 20 |
out the principles he will apply when agreeing terms for the commissioning of | |
independent productions. | |
(2) That regime also includes the conditions that OFCOM consider appropriate for | |
securing that the provider of every licensed public service channel— | |
(a) at all times complies with a code of practice which has been drawn up | 25 |
by him by virtue of this section and is for the time being in force; and | |
(b) exercises his power to revise his code to take account of revisions from | |
time to time of the guidance issued by OFCOM for the purposes of this | |
section. | |
(3) The conditions imposed under this section must ensure that the code for the | 30 |
time being in force in the case of every licensed public service channel secures, | |
in the manner described in guidance issued by OFCOM— | |
(a) that a reasonable timetable is applied to negotiations for the | |
commissioning of an independent production and for the conclusion of | |
a binding agreement; | 35 |
(b) that there is what appears to OFCOM to be sufficient clarity, when an | |
independent production is commissioned, about the different | |
categories of rights to broadcast or otherwise to make use of or exploit | |
the commissioned production that are being disposed of; | |
(c) that there is what appears to OFCOM to be sufficient transparency | 40 |
about the amounts to be paid in respect of each category of rights; | |
(d) that what appear to OFCOM to be satisfactory arrangements are made | |
about the duration and exclusivity of those rights; | |
(e) that procedures exist for reviewing the arrangements adopted in | |
accordance with the code and for demonstrating compliance with it; | 45 |
| |
| |
|
| |
| |
(f) that those procedures include requirements for the monitoring of the | |
application of the code and for the making of reports to OFCOM; | |
(g) that provision is made for resolving disputes arising in respect of the | |
provisions of the code (by independent arbitration or otherwise) in a | |
manner that appears to OFCOM to be appropriate. | 5 |
(4) The conditions imposed under this section must also ensure that the drawing | |
up or revision of a code by virtue of this section is in accordance with guidance | |
issued by OFCOM as to— | |
(a) the times when the code is to be drawn up or reviewed with a view to | |
revision; | 10 |
(b) the consultation to be undertaken before a code is drawn up or revised; | |
and | |
(c) the publication of every code or revised code. | |
(5) The provision that may be included in a condition imposed under this section | |
includes— | 15 |
(a) provision requiring a draft of a code or of any revision of a code to be | |
submitted to OFCOM for approval; | |
(b) provision for the code or revision to have effect only if approved by | |
OFCOM; and | |
(c) provision for a code or revision that is approved by OFCOM subject to | 20 |
modifications to have effect with those modifications. | |
(6) OFCOM— | |
(a) must issue and may from time to time revise guidance for the purposes | |
of this section; | |
(b) must ensure that there is always guidance for those purposes in force; | 25 |
(c) must, before issuing their guidance or revised guidance, consult the | |
providers of licensed public service channels, persons who make | |
independent productions (or persons appearing to OFCOM to | |
represent them), the BBC and the Welsh Authority; and | |
(d) must publish their guidance or revised guidance in such manner as | 30 |
they think appropriate. | |
(7) Guidance issued by OFCOM for the purposes of this section must be general | |
guidance and is not to specify particular terms to be included in agreements to | |
which the guidance relates. | |
(8) Conditions imposed under this section requiring a code to be drawn up or | 35 |
approved may include transitional provision for treating a code drawn up | |
before the imposition of the condition — | |
(a) as satisfying the requirements of that condition; and | |
(b) as a code approved by OFCOM for the purposes of conditions so | |
imposed. | 40 |
(9) In this section “independent production” has the same meaning as in section | |
270. | |
278 Programme production | |
(1) The regulatory regime for every Channel 3 service includes the conditions (if | |
any) that OFCOM consider appropriate in the case of that service for | 45 |
securing— | |
| |
| |
|
