The Broadcasting (Independent Productions) (Amendment) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Broadcasting (Independent Productions) Order 1991 (“the 1991 Order”). The 1991 Order, together with the provisions of the Broadcasting Act 1990 under which it is made, implements Council Directive (89/552/EEC) of 3 October 1989 which, amongst other things, makes provision as to the proportion of a broadcaster’s programmes which are to consist of works created by producers who are independent of broadcasters.

Articles 3 to 5 of the Order are concerned with making changes to the description of the persons who may be regarded as an “independent producer” for the purposes of Article 3 of the 1991 Order.

Article 3(a) amends sub-paragraph (c) of article 3(4) of the 1991 Order so that the limits on share ownership referred to in that sub-paragraph only apply in respect of UK broadcasters and not broadcasters generally. Article 3(c) inserts a definition of the expression “UK broadcaster” in article 3(7) of the 1991 Order. “UK broadcaster” is defined to mean any broadcaster who provides a television service intended for reception in, or in any area in, the United Kingdom (whether or not that service is also intended for reception elsewhere).

Article 3(b) inserts paragraphs (6A) and (6B) in article 3 of the 1991 Order. The effect of those paragraphs is to enable a person, who would not otherwise be regarded as an independent producer of a programme, to be so regarded if he was an independent producer on the date on which he was commissioned by the relevant broadcaster to make the programme. This is subject to the conditions that the relevant broadcaster must have commissioned him in good faith in the expectation that he would be an independent producer when the programme was made, and that the programme was made within 2 years of the date on which he was so commissioned.

The amendments made by articles 4 and 5 of the Order are consequential on the changes made by article 3(b).

Article 6 of the Order substitutes the term “television programme service” for “television broadcasting service” as a description of the television services to which the 1991 Order applies. Article 6 inserts a definition of “television programme service” in the 1991 Order under which that term is to have the same meaning as in Part I of the Broadcasting Act 1990. The effect of this amendment is to extend the scope of television services to which the 1991 Order applies.

A Regulatory Impact Assessment has not been prepared in relation to this Order.