http://www.legislation.gov.uk/ukpga/2003/21/schedule/12/paragraph/1Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2026-04-06 SCHEDULESSCHEDULE 12Corresponding obligations of the <Acronym Expansion="British Broadcasting Corporation">BBC</Acronym> and <Substitution ChangeId="key-0b043223c81e93ef3481922e81d67d58-1724762264922" CommentaryRef="key-0b043223c81e93ef3481922e81d67d58">S4C</Substitution> Part 1The BBC<Emphasis>Quotas for independent productions</Emphasis>11It shall be the duty of the BBC to secure that, in each year—ait makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, andbthe duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.2In this paragraph—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ba reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; andca reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The Secretary of State may also by order provide for the BBC to have the duty set out in sub-paragraph (5), either instead of or as well as the one set out in sub-paragraph (1).5That duty is a duty to secure that —ain each year, it makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with any relevant code drawn up by the BBC under the BBC Charter and Agreement, andbthe cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.6The power to make an order under sub-paragraph (4) includes power to provide that the BBC are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph.7The Secretary of State is not to make an order for the BBC to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (5) unless—aOFCOM have made a recommendation to him that the BBC should be subject to that duty, or should cease to be subject to it; andbthe order gives effect to that recommendation.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10The BBC must comply with directions given to them by OFCOM for the purpose of—acarrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in their compliance with the duties imposed by virtue of sub-paragraph (1) or (4); andbthereby increasing the number of hours or (as the case may be) the amount applicable for the purposes of those duties to the subsequent year or years.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Before making an order under this paragraph the Secretary of State must consult OFCOM and the BBC.13No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.14In this paragraph—“acquisition”, in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).Word in Sch. 12 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 49(1); S.I. 2024/858, reg. 2(1)(x)Sch. 12 para. 1 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)Sch. 12 para. 1(15) inserted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(10); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(1) substituted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(2); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(2)(a) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(3); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(3) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(4); S.I. 2025/1049, reg. 3(s)Words in Sch. 12 para. 1(5) substituted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(5); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(8) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(6); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(9) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(6); S.I. 2025/1049, reg. 3(s)Words in Sch. 12 para. 1(10)(b) substituted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(7); S.I. 2025/1049, reg. 3(s)Sch. 12 para. 1(11) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(8); S.I. 2025/1049, reg. 3(s)Words in Sch. 12 para. 1(14) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 1 para. 1(9); S.I. 2025/1049, reg. 3(s)