Communications Act 2003

Special obligations for Channel 4

295Involvement of C4 Corporation in programme-making

(1)The regulatory regime for Channel 4 includes a condition requiring C4C not to be involved, except to such extent as OFCOM may allow, in the making of programmes to be broadcast on Channel 4.

(2)In this section “programme” does not include an advertisement.

296Schools programmes on Channel 4

(1)The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing that what appears to them to be a suitable proportion of the programmes which are included in Channel 4 are schools programmes.

(2)A licence under the 1990 Act to provide Channel 4 may also include conditions authorised by the following provisions of this section.

(3)The conditions authorised by this section include conditions requiring C4C—

(a)to finance the production of schools programmes; and

(b)to acquire schools programmes provided by other persons.

(4)The conditions authorised by this section include conditions requiring C4C to ensure that schools programmes on Channel 4—

(a)are of high quality; and

(b)are suitable to meet the needs of schools throughout the United Kingdom.

(5)The conditions authorised by this section include conditions specifying the minimum number of hours in term time, or within normal school hours, that are to be allocated to the broadcasting of schools programmes on Channel 4.

(6)The conditions authorised by this section include conditions requiring C4C to provide such material for use in connection with the schools programmes broadcast by them as may be necessary to secure that effective use is made of those programmes in schools.

(7)The conditions authorised by this section include conditions requiring C4C from time to time to consult such persons who—

(a)are concerned with schools or with the production of schools programmes, or

(b)have an interest in schools or in the production of schools programmes,

as OFCOM think fit.

(8)Before imposing a condition under this section, OFCOM must consult C4C.

(9)The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).

(10)In determining for the purposes of subsection (1) what proportion of the programmes included in Channel 4 should be schools programmes, OFCOM must take into account services, facilities and materials which C4C provide to schools, or make available for schools, otherwise than by the inclusion of programmes in Channel 4.

(11)Section 34 of the 1990 Act (requirement as to schools programmes in relation to all licensed public service channels taken together) shall cease to have effect.

(12)In this section “schools programmes” means programmes which are intended for use in schools.

297Channel 4 contribution towards national television archive

(1)Section 185 of the 1990 Act (contributions towards maintenance of the national television archive) shall be amended as follows.

(2)In subsections (1) and (3), after “Channel 3” there shall be inserted “, Channel 4”.

(3)In subsection (5), at the end there shall be inserted—

““Channel 4 licence” means—

(a)the licence referred to in section 231(1)(b) of the Communications Act 2003; and

(b)a licence renewing that licence on the first or any subsequent occasion.”

(4)This section has effect in relation only to financial years beginning after the television transfer date.