Part 3

Television and Radio Services
Chapter 4

Regulatory provisions

Independent and regional productions and programmes for public service television

Regional programme-making for Channel 4
288
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—
  1. expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
  2. 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.
S. 288 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)