Part 1: Public service television Programming quotas for public service television Section 8: Quotas: independent productions
Section 277 of the CA 2003 sets out a minimum proportion of broadcast hours ("qualifying programmes") which must be independent productions. This is set at 25% for each of the licensed public service channels (i.e. channels 3, 4 and 5, section 362). The Secretary of State is responsible for defining "independent productions" by order (section 277(2)(b)). They may also amend the level of the quota, or establish a quota with reference to expenditure in addition to, or instead of, the quota established with reference to broadcast hours.
	This section amends section 277 to change the way in which the provider of a licensed public service channel may deliver their independent production quota(s).
	Subsection (2) of this section amends section 277(1) of the CA 2003. It replaces the existing requirement on the provider of a licensed public service channel to allocate time "in the channel" to the broadcasting of a range and diversity of independent productions with a more general requirement to "make available" these productions in the form of "qualifying audiovisual content" (see section 11).
	Subsection (2) also clarifies that, to count towards the quota, such productions must be commissioned in accordance with the provider’s commissioning code (see subsection (9)(a) of this section and section 285 of the CA 2003).
	Subsection (2) also replaces references to a "proportion" of hours that the providers of the licensed public service channels must make available with reference to a "number" of hours. The number of hours that each licensed public service channel must include is to be specified by order of the Secretary of State.
	Subsections (3), (4), (6) and (10) make consequential amendments.
	Subsections (5), (7) and (9)(b) make comparable provision in relation to the expenditure quotas which the Secretary of State may establish.