288Regional programme-making for Channel 4U.K.
(1)The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing—
(a)that what appears to OFCOM to be a suitable proportion of programmes made in the United Kingdom for viewing on Channel 4 are programmes made in the United Kingdom outside the M25 area;
(b)that the programmes for such viewing that are made in the United Kingdom outside the M25 area (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c)that what appears to OFCOM to be a suitable proportion of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 is referable to programme production at different production centres outside the M25 area; and
(d)that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(2)Before imposing a condition under this section, OFCOM must consult C4C.
(3)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).
(4)A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes or expenditure in question.
(5)In this section—
“expenditure”, in relation to a programme, means—
(a)expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
(b)expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast; and
“programme” does not include an advertisement.
Commencement Information
I1S. 288 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)