http://www.legislation.gov.uk/ukpga/2003/21/section/286/2004-06-30Communications 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 Database2026-01-13Expert Participation2004-06-30 Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2 Part 3 Chapter 42861The regulatory regime for every Channel 3 service includes the conditions (if any) that OFCOM consider appropriate in the case of that service for securing—athat what appears to OFCOM to be a suitable proportion of Channel 3 programmes made in the United Kingdom are programmes made in the United Kingdom outside the M25 area;bthat the Channel 3 programmes 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;cthat what appears to OFCOM to be a suitable proportion of the expenditure of the providers of Channel 3 services on Channel 3 programmes made in the United Kingdom is referable to programme production at different production centres outside the M25 area; anddthat 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.2In the case of a national Channel 3 service, subsection (1) requires the inclusion of conditions in the licence for the service only where OFCOM consider, having regard to the nature of the service, that it would be appropriate for conditions falling within that subsection to be so included.3The regulatory regime for Channel 5 includes the conditions that OFCOM consider appropriate for securing—athat what appears to OFCOM to be a suitable proportion of the programmes made in the United Kingdom for viewing on that Channel are programmes made in the United Kingdom outside the M25 area;bthat 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;cthat what appears to OFCOM to be a suitable proportion of the expenditure of the provider of Channel 5 on programmes made in the United Kingdom for viewing on that Channel is referable to programme production at different production centres outside the M25 area; anddthat 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.4Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.5The 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).6A 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.7In this section—“Channel 3 programmes” means programmes made for viewing on Channel 3 in more than one area for which regional Channel 3 services are provided, including any programme made for viewing on a national Channel 3 service other than a regional programme;“expenditure”, in relation to a programme, means—expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; orexpenditure 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;“programme” does not include an advertisement; and“regional programme” means a programme made with a view to its inclusion in a national Channel 3 service as a programme of particular interest to persons living within a particular area of the United Kingdom.S. 286 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)