BROADCASTING Citation and commencement 1 This Order may be cited as the Broadcasting (Independent Productions) (Amendment) Order 2003 and shall come into force on the day after the day on which it is made. Amendment of the Broadcasting (Independent Productions) Order 1991 2 The Broadcasting (Independent Productions) Order 1991 shall be amended in accordance with the following provisions of this Order. Extending the meaning of “independent producer” 3 In article 3— a in paragraph (4)(c), for “broadcaster” and “broadcasters” substitute respectively “ UK broadcaster” and “UK broadcasters”; b after paragraph (6) insert— 6A For the purposes of this article, where a programme has been made by a producer (whether on his own or together with any other person) who would not, apart from this paragraph, be treated as an independent producer in relation to his part in the making of that programme, he shall be so treated if— a he was commissioned to make the programme (whether on his own or together with any other person) by the relevant broadcaster, b he was an independent producer when he was so commissioned, c the relevant broadcaster so commissioned him in good faith in the expectation that he would be an independent producer when he performed his part in the making of the programme, and d the programme was made within 2 years of the date on which he was so commissioned. In this paragraph, any reference to a programme, in relation to a programme to which sub-paragraph (c) of article 2(1) above applies, is to that part of the programme referred to in paragraph (iii) of that sub-paragraph. 6B For the purposes of paragraph (6A) above, a producer is commissioned to make a programme on the date on which he becomes subject to a contractual obligation to make that programme (whether on his own or with another person) regardless whether that obligation is subsequently varied in any particular or supplemented by any further contractual provisions relating to the making of the programme. ; and c in paragraph (7)— i omit “and” where it occurs immediately after the definition of “control”; ii insert “; and” immediately after the definition of “producer”; and iii at the end of the paragraph insert the following definition— “UK broadcaster” means any broadcaster who provides a television service intended for reception in, or in any area in, the United Kingdom (whether or not that service is also intended for reception elsewhere). Extending the meaning of “independent producer”: consequential amendments 4 In article 1— a in paragraph (2), in the definition of “relevant broadcaster”, for “article 2(4)” substitute “paragraph (5)”; and b after paragraph (3) insert — 4 For the purposes of this Order, a programme shall not be prevented from being treated as having been commissioned by a broadcaster by reason only of the fact that it was intended to be first shown commercially in cinemas. 5 In the application of articles 2(1) and 3(6A) below to a regional Channel 3 service, references to the relevant broadcaster shall include references to the holder of another regional Channel 3 licence or any person acting on behalf of the holders of such licences. . 5 In article 2— a in paragraph (1), for “paragraphs (2) to (4)” substitute “paragraph (2)”; and b omit paragraphs (3) and (4). Television programme service 6 1 For “television broadcasting service”, wherever those words appear in the definition of “relevant broadcaster” in article 1(2) and in article 2(1) and (2)(a), substitute “television programme service”. 2 In article 1(2), for the definition of “television broadcasting service” substitute— “television programme service” has the same meaning as in Part I of the 1990 Act . Tessa Jowell Secretary of State for Culture, Media and Sport 2nd July 2003