Broadcasting (Independent Productions) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1408 |
1991 No. 1408
BROADCASTING
The Broadcasting (Independent Productions) Order 1991
Made 18th June 1991
Coming into force 1st January 1993
Whereas a draft of this Order has been approved by resolution of each House of Parliament;
Now, therefore, in exercise of the powers conferred upon me by section 16(5) of the Broadcasting Act 19901and after consultation with the Independent Television Commission and (in accordance with section 186(2) of that Act) the British Broadcasting Corporation, I hereby make the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Broadcasting (Independent Productions) Order 1991 and shall come into force on 1st January 1993.
(2) In this Order–
“the 1990 Act” means the Broadcasting Act 1990;
“programme” does not include an advertisement or any separate item whose duration is two minutes or less;
“relevant broadcaster” means, subject to article 2(4) below, the person who provides the television broadcasting service in which a percentage of qualifying programmes must be independent productions and “relevant television broadcasting service” means that service; and
“television broadcasting service” has the same meaning as in section 2(5) of the Broadcasting Act 1990.
(3) For the purposes of this Order a programme may be treated as being made by a particular person or persons notwithstanding that more than 75 per cent of the duration of the programme includes images or images and sounds which have been provided by some person other than that person or those persons provided that–
(a)
(a) the images or images and sounds so provided are not broadcast live; and
(b)
(b) changes of substance (whether by means of editing or otherwise) have been made to such images or images and sounds.
Meaning of “qualifying programmes”
2.—(1) In section 16(2)(h) of the 1990 Act, the expression “qualifying programmes” means, subject to paragraphs (2) to (4) below, all the programmes included in the relevant television broadcasting service which fall within any of the following descriptions of programmes, namely–
(a)
(a) a programme which has been made either by the relevant broadcaster or by a person commissioned by him;
(b)
(b) a programme which has been made by the relevant broadcaster together with any other person or by a person commissioned by the relevant broadcaster together with any other person, provided that not less than 25 per cent of the actual cost of the production of the programme has been borne or provided by the relevant broadcaster; and
(c)
(c) a programme including images or images and sounds which have been provided by a person other than the relevant broadcaster or a person commissioned by him where–
(i) the images or images and sounds so provided consist of live coverage of an event;
(ii) they do not exceed 75 per cent of the duration of the programme, and
(iii) the remainder of the programme (including any sound commentary added to those images or images and sounds) has been made by the relevant broadcaster or a person commissioned by him.
(2) In section 16(2)(h) of the 1990 Act the expression “qualifying programme” shall not include any programme which falls within any of the following descriptions, namely–
(a)
(a) a programme which has previously been shown in substantially the same form on the relevant television broadcasting service;
(b)
(b) a programme which consists, wholly or mainly, of news;
(c)
(c) a programme constituting part of a series of programmes which–
(i) consist, wholly or mainly, of news or items relevant to news,
(ii) are presented live, and
(iii) are usually shown on at least four days in each of the weeks when they are shown;
(d)
(d) a programme provided by or on behalf of the Open University or Open College; and
(e)
(e) a broadcast on behalf of a political party or any statement by a Minister of the Crown within the meaning of the Ministers of the Crown Act 19752.
(3) A programme may fall within sub-paragraph (a) or (b) of paragraph (1) above as being commissioned by the relevant broadcaster notwithstanding that it was intended to be first...
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