Section 266: Statements of programme policy, Communications Act 2003

The regulatory regime for every licensed public service channel includes a condition requiring the provider of the channel—

as soon as practicable after the coming into force of this section and subsequently at annual intervals, to prepare a statement of programme policy; and

to monitor his own performance in the carrying out of the proposals contained in the statements made in pursuance of the condition.

The condition must require every statement of programme policy prepared in accordance with the condition to set out the proposals of the provider of the channel for securing that, during the following year—

the public service remit for the channel will be fulfilled; and

the duties imposed on the provider by virtue of sections 277 to 296 will be performed.

The condition must require such proposals—

to state whether two or more relevant audiovisual services (including the channel) are proposed to be used to fulfil the public service remit for the channel, and

if so, to identify, in relation to each of the relevant audiovisual services, its proposed contribution to the fulfilment of the remit.

The condition must also require every such statement to contain a report on the performance of the provider of the channel in the carrying out, during the period since the previous statement, of the proposals contained in that statement.

The condition must also provide that every such statement—

must be prepared having regard to guidance given by OFCOM;

must be prepared taking account of the reports previously published by OFCOM under sections 264 and 358;

must take special account of the most recent such reports;

must be published by the provider of the channel in question as soon as practicable after its preparation is complete; and

must be published in such manner as, having regard to any guidance given by OFCOM, the provider considers appropriate.

In preparing guidance about the preparation of such a statement, OFCOM must have regard, in particular, to the matters which, in the light of the provisions of section 264(4) to (6), they consider should be included in statements of programme policy.

It shall be the duty of OFCOM—

from time to time to review the guidance for the time being in force for the purposes of this section; and

to make such revisions of that guidance as they think fit.

The conditions of a licence to provide a licensed public service channel may provide that a previous statement of policy made by the provider of the channel is to be treated for the purposes of this Part—

as if it were a statement made in relation to such period as may be so specified; and

were a statement of programme policy for the purposes of a condition imposed under this section.

The reference in subsection (7) to a previous statement of policy is a reference to any statement made by the provider of the channel—

whether before or after the commencement of this section, for the purposes of his application for a Broadcasting Act licence for the channel; or

at any time before the commencement of this section, for any other purpose.

A condition under subsection (7) cannot contain provision the effect of which is to postpone the time at which a licence holder is required to make the first statement of programme policy which (apart from that subsection) he is required to make in pursuance of a condition imposed under this section.

Section 266: Statements of programme policy

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