Citation, commencement and extent

1.—(1) These Regulations may be cited as the Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025, and come into force on 1st January 2026.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Regional programme-making quotas - functions conferred on OFCOM

2.—(1) OFCOM must determine whether qualifying audiovisual content(3) that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting a regional programme-making quota condition.

(2) Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).

(3) In this regulation, a “ regional programme-making quota condition ” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of the following provisions of the Communications Act 2003 —

(a)section 286(1)(a) and (aa) or (3)(a) and (aa) or section 288(1)(a) and (aa) (regional programme-making quotas relating to duration)(4);

(b)section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure)(5), where the condition is framed by reference to the making available of qualifying audiovisual content.

Amendment of the Broadcasting (Original Productions) Order 2004

3.—(1) The Broadcasting (Original Productions) Order 2004(6) is amended as follows.

(2) In article 3 (meaning of “original productions” for licensed public service channels), for paragraph (a) (but not the “and” after it) substitute—

“(a)are commissioned by or for the provider of a licensed public service channel with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service;”.

(3) After article 3, insert—

Original productions quota conditions (licensed public service channels) - functions conferred on OFCOM

3A.—(1) OFCOM must determine whether qualifying audiovisual content that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting an original productions quota condition.

(2) Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).

(3) OFCOM may provide in an original productions quota condition that original productions of a description specified in the licence may not be counted towards meeting an original productions quota condition.

(4) OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a licence by virtue of paragraph (3).

(5) OFCOM may provide in an original productions quota condition that the holder of the licence must have regard to that guidance.

(6) In this article, an “original productions quota condition” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 278(1) of the Communications Act 2003 (programming quotas for original productions)(7).”.

(4) In article 4—

(a)in the heading, for “designated public services of the Welsh Authority” substitute “S4C”;

(b)omit “, in relation to the designated public services of the Welsh Authority,”;

(c)for paragraph (a) (but not the “and” after it) substitute—

“(a)are commissioned by or for S4C with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service;”.

(5) After article 4, insert—

Original productions duties (S4C) - functions conferred on OFCOM

4A.—(1) OFCOM must determine whether qualifying audiovisual content that is made available by S4C in the circumstances described in paragraph (2) may be counted towards meeting any S4C original productions duty.

(2) Those circumstances are that S4C has previously made available audiovisual content consisting of the same, or substantially the same, material (whether in the same year or a previous year).

(3) OFCOM may give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting a S4C original productions duty.

(4) Before giving such a direction, OFCOM must consult S4C.

(5) OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (3).

(6) S4C must have regard to that guidance.

(7) In this article, a “S4C original productions duty” means a duty of S4C under or by virtue of paragraph 8(1) of Schedule 12 to the Communications Act 2003(8).”.