The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012

• Citation: S.I. 2012/1842
• Sections: 8

Section 1 Citation and commencement

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.

Section 2 Amendment of the Local Digital Television Programme Services Order 2012

The Schedule to the Local Digital Television Programme Services Order 2012 is amended as follows.

Section 3 Amendment of the Local Digital Television Programme Services Order 2012

In Part 1 (modifications of the Broadcasting Act 1996 ), 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 , 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.

Section 4 Amendment of the Local Digital Television Programme Services Order 2012

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.

Section 5 Amendment of the Broadcasting (Independent Productions) Order 1991

Article 3 of the Broadcasting (Independent Productions) Order 1991 (meaning of “independent productions”) is amended as follows.

Section 6 Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (4)(b), for the words “paragraph (4A)” substitute “paragraphs (4A) and (4B)”.

Section 7 Amendment of the Broadcasting (Independent Productions) Order 1991

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 .

Section 8 Amendment of the Broadcasting (Independent Productions) Order 1991

In paragraph (5), for the words “paragraph (4)” where they appear for the first time substitute “paragraphs (4) and (4B)”.