The Broadcasting (Restrictive Trade Practices Act 1976) (Exemption for Networking Arrangements) Order 1994

• Citation: S.I. 1994/2540
• Sections: 12

Section 1 Citation and commencement

This Order may be cited as the Broadcasting (Restrictive Trade Practices Act 1976) (Exemption for Networking Arrangements) Order 1994 and shall come into force on 24th October 1994.

Section 2 Interpretation

In this Order—

“the 1990 Act ” means the Broadcasting Act 1990;

“ ITVA ” means the Independent Television Association Limited;

“holders of regional Channel 3 licences” means the persons specified in Schedule 1 to this Order.

Section 3 Exemption from the Restrictive Trade Practices Act 1976

The arrangements made among the holders of regional Channel 3 licences and the ITVA specified in Schedule 2 to this Order (being relevant networking arrangements falling within section 194(2)(a) of the 1990 Act) are specified as arrangements to which, by virtue of section 194(1) of the 1990 Act, the Restrictive Trade Practices Act 1976 does not apply and is deemed never to have applied.

Section 1

The Network Supply Contract dated 11th May 1992, as modified by an agreement dated 30th June 1993, and as published by the ITVA Network Centre on 30th September 1993.

Section 2

The Statement of Principles on Networking Arrangements for Central Scheduling annexed to the Network Supply Contract mentioned in paragraph 1 above, as modified by an agreement dated 30th June 1993, and as published by the ITVA Network Centre on 30th September 1993.

Section 3

The model Network Programme Licence, and the model form of ITVA General Terms and Conditions applicable to an ITVA Network Programme Licence, annexed to the Network Supply Contract mentioned in paragraph 1 above, as modified by agreements dated 30th June 1993 and 24th September 1993, and as published by the ITVA Network Centre on 30th September 1993.

Section 4

The ITV Productions Commissions Guidelines for 100% Funded Production issued on 11th May 1992, annexed to the Network Supply Contract mentioned in paragraph 1 above, and terminated on 1st March 1993, in so far as they relate to relevant networking arrangements falling within section 194(2)(a) of the 1990 Act.

Section 5

The Code of Practice published by the ITVA Network Centre on 30th September 1993.

Section 6

The document entitled “Draft Letter of Intent from Network Centre” published by the ITVA Network Centre on 30th September 1993.

Section 7

The document entitled “Draft Deal Letter from Network Centre to the Producer” published by the ITVA Network Centre on 30th September 1993.

Section 8

The model form of Tripartite Production, Licence and Compliance Contract, and the model form of ITVA General Terms and Conditions applicable to Production, Licence and Compliance Contract, published by the ITVA Network Centre on 30th September 1993.

Section 9

Any modification of the arrangements specified in paragraphs 1 to 8 above which has been approved by the Independent Television Commission under section 39(8) of the 1990 Act.