Statutory Instruments
2012 No. 1842
Electronic Communications
Broadcasting
The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012
Made
11th July 2012
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 244(1), 277(2), 309(2) and 402(3) of and paragraphs 1(2) and 7(2) of Schedule 12 to the Communications Act 2003( 1 ).
In accordance with section 244(2)(c) of that Act, the Secretary of State is satisfied that the making of this Order in relation to services of the description set out in the Local Digital Television Programme Services Order 2012( 2 ) will make possible, facilitate or encourage the provision of services so falling.
In accordance with sections 277(11) and 309(4) of and paragraphs 1(12) and 7(10) of Schedule 12 to that Act, the Secretary of State has consulted OFCOM, the BBC and Sianel Pedwar Cymru.
In accordance with sections 244(9), 277(12) and 309(5) of and paragraphs 1(13) and 7(11) of Schedule 12 to that Act a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 and comes into force on the day after the day on which it is made.
Amendment of the Local Digital Television Programme Services Order 2012
2. The Schedule to the Local Digital Television Programme Services Order 2012 is amended as follows.
3. In Part 1 (modifications of the Broadcasting Act 1996( 3 )), in paragraph 10, in the section 19(3A) treated as inserted—
(a) at the end of paragraph (i), omit “and”;
(b) after paragraph (j) insert—
“ , and
(k) where the licence holder is a producer within the meaning of article 3 of the Broadcasting (Independent Productions) Order 1991 ( 4 ) , the licence holder provides OFCOM with such information as OFCOM may reasonably require for the purpose of determining whether the licence holder is an independent producer within the meaning of article 3(4) of that Order. ”
4. In Part 2 (modifications of Part 3 of the Communications Act 2003), after paragraph 13 insert—
“ 13A. Part 3 has effect as if section 309 (quotas for independent programmes) were omitted. ”
Amendment of the Broadcasting (Independent Productions) Order 1991
5.Article 3 of the Broadcasting (Independent Productions) Order 1991(meaning of “independent productions”) is amended as follows.
6. In paragraph (4)(b), for the words “paragraph (4A)” substitute “paragraphs (4A) and (4B)”.
7. After paragraph (4A), insert—
“ (4B) Subject to paragraphs (4C) and (4D), any shareholding which a producer has in a local television broadcaster is to be disregarded for the purposes of paragraph (4)(b).
(4C) Paragraph (4B) does not apply if the main activity of the producer is the provision of relevant regulated television services.
(4D) Paragraph (4B) does not apply if—
(a) the shareholding is in a person who is connected with the local television broadcaster by virtue of paragraph (5), and
(b) the person—
(i) is a broadcaster other than a local television broadcaster, or
(ii) is (within the meaning of paragraph (5)) connected with a broadcaster who is not a local television broadcaster.
(4E) For the purposes of paragraphs (4B) to (4D)—
“local television broadcaster” means a broadcaster which provides a local digital television programme service (within the meaning of article 3 of the Local Digital Television Programme Services Order 2012) and no other relevant regulated television service;
“relevant regulated television service” has the meaning given by section 13(1A) of the 1990 Act ( 5 ) . ”
8. In paragraph (5), for the words “paragraph (4)” where they appear for the first time substitute “paragraphs (4) and (4B)”.
Jeremy Hunt
Secretary of State
Department for Culture, Media and Sport
11th July 2012
S.I. 1991/1408 , as amended by S.I. 1995/1925 and S.I. 2003/1672 . That Order has effect as if it were made under sections 277 and 309 of and paragraphs 1 and 7 of Schedule 12 to the Communications Act 2003, by virtue of paragraph 34 of Schedule 18 to that Act.
Section 13(1A) of the Broadcasting Act 1990 was inserted by section 360(3) of, and paragraph 5(1) and (3) of Part 1 of Schedule 15 to, the Communications Act 2003.