Communications Act 2003

Prospective

353 Changes of control of Channel 5 E+W+S+N.I.

(1) The regulatory regime for Channel 5 includes, in every case where it is provided by a body corporate—

(a) a condition requiring the licence holder to give OFCOM advance notification of any proposals known to the body that may give rise to a relevant change of control; and

(b) a condition requiring the licence holder to provide OFCOM, in such manner and at such times as they may reasonably require, with such information as they consider necessary for the purposes of exercising their functions under this section and section 354.

(2) OFCOM must carry out a review where—

(a) they receive notification, in accordance with a condition of the licence to provide Channel 5, of proposals that may give rise to a relevant change of control; or

(b) a relevant change of control takes place (whether or not that change has been previously notified to OFCOM).

(3) The review shall be a review of the effects or likely effects, in relation to the matters mentioned in subsections (4) and (5), of—

(a) the change to which the proposals may give rise; or

(b) the change that has taken place.

(4) The matters mentioned in this subsection are—

(a) the extent to which time available for broadcasting programmes included in Channel 5 is allocated to programmes of each of the following descriptions—

(i) original productions;

(ii) news programmes; and

(iii) current affairs programmes;

(b) the extent to which programmes of each of those descriptions that are included in that Channel are broadcast at peak viewing times.

(5) The matters mentioned in this subsection are—

(a) the extent to which programmes made in the United Kingdom that are included in the service are programmes made outside the M25 area;

(b) the range of programmes made in the United Kingdom outside that area that are included in Channel 5;

(c) the extent to which the expenditure of the provider of Channel 5 on programmes made in the United Kingdom is referable to programme production at different production centres outside the M25 area;

(d) the range of different such production centres to which that expenditure is referable.

(6) Where OFCOM carry out a review under subsection (2), they must publish a report of that review—

(a) setting out their conclusions; and

(b) specifying any steps which they propose to take under section 354.

(7) 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;

• “original production” has the same meaning as in section 278;

• “peak viewing time”—

  (a)

  in relation to original productions, means a time determined by OFCOM for the purposes of section 278 to be a peak viewing time for Channel 5; and

  (b)

  in relation to news programmes or current affairs programmes, means a time so determined for the purposes of section 279;

• “relevant change of control” means a change in the persons having control over—

  (a)

  a body holding a licence to provide Channel 5; or

  (b)

  any body which—

  (b)

  (i)

  is connected with a body holding such a licence; and

  (ii)

  is involved, to a substantial extent, in the provision of the programmes included in that channel, or is likely to become so involved.

(8) Expressions used in this section and in Part 1 of Schedule 2 to the 1990 Act (restrictions on licence holders) have the same meanings in this section as in that Part.