Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025

Lord Kirkhope of Harrogate Excerpts

Tuesday 18th November 2025 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)]

My Lords, in moving this Motion, I shall also speak to the Broadcasting (Independent Productions) Regulations 2025.

I am pleased to be speaking to these regulations, which were laid before the House in draft on 13 October 2025; they were recently debated, and subsequently approved, in the House of Commons on 3 November 2025. The regulations have also been considered by the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. Neither committee raised any concerns about the legislation.

How audiences access TV content has fundamentally changed with the introduction of streaming services, so it is important that regulation keeps pace with these changes. Our public service broadcasters have, prior to the Media Act 2024, been governed by laws written over 20 years ago, so the implementation of the Media Act is vital both to reform outdated broadcasting laws and to ensure that our public service broadcasters can compete in the digital world and continue to deliver for audiences.

Specifically, the Act seeks to modernise the public service broadcasting remit and PSB quota system; it is the quota system to which these regulations relate. Quotas are an important regulatory tool to ensure that our PSBs make and broadcast a range of content. This includes: requirements for PSBs to commission a certain amount of programming from independent producers, known as the independent productions quota; requirements to broadcast programmes commissioned by the PSB, typically called the original productions quota; and requirements to produce programming outside London, referred to as regional programme-making or the regional productions quota.

PSBs are required to comply with these quota obligations in exchange for certain benefits, such as prominence on TV guides. Currently, PSBs can deliver against these quotas only via their main linear broadcast channel. However, once fully commenced, the Media Act will permit their delivery via a wider range of services, including on-demand services. This is in recognition of the fact that audiences are increasingly choosing to watch PSB content via on-demand content.

Historically, our PSBs generally meet—and often surpass —these quotas, so our overall ambition is to replicate the effect of the existing quotas, enabling them to be fulfilled by making on-demand content as well as traditional linear broadcasts available. To make this operable, the Act amends the quota system by converting the existing percentage quota to a specific number of hours so that they can apply to on-demand programming. Although the Secretary of State sets the minimum level of the independent productions quota, as set out in the Schedule to the SI, the responsibility for setting the levels of the original and regional productions quotas is delegated to Ofcom.

With this in mind, this Government took the decision to use the power to delegate responsibility for determining the treatment of repeats for these quotas to Ofcom, in order to make sure that any decisions it makes regarding these quotas are made in the round and operationally make sense. Ofcom leads this process and has been engaging with the PSBs on their approach to determining quota levels, as well as the treatment of repeats. More widely, Ofcom has overall responsibility for monitoring the delivery of the public service broadcasting quotas.

These regulations bring forward the necessary amendments to implement all of the changes that were set out in the Media Act. For example, the draft Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 will, if approved, update relevant definitions in the Broadcasting (Original Productions) Order 2004 to align with the amendments made by the Media Act, as well as introducing a requirement on Ofcom to determine whether repeats may be counted towards the original and regional productions quotas.

Meanwhile, the draft Broadcasting (Independent Productions) Regulations 2025 will, if approved, revoke and replace the Broadcasting (Independent Productions) Order 1991 and update relevant definitions, as well as setting the level of the modernised independent productions quota for each PSB.

As required by the Communications Act 2003, the department has consulted the BBC, S4C and Ofcom, as well as the other PSBs and PACT, throughout the drafting process. An initial draft of both instruments was shared with the statutory consultees and all other PSBs on 19 March this year. Both draft regulations were then published in draft on 6 May 2025. We have used this engagement with industry to inform the drafting of these regulations. No substantive concerns were raised; I want to take this opportunity to thank the PSBs, Ofcom and PACT for their constructive engagement throughout to ensure that the regulations work.

DCMS is continuing to progress the implementation of the other remaining provisions in the Act, recognising that the Act delivers important reforms to support the future sustainability of our PSBs. A key priority is to ensure that our PSBs are equipped to face the challenges posed by changes in technology, consumer behaviour and increased competition on demand. The commencement of the modernised PSB remit and quota system on 1 January 2026, alongside bringing forward these draft regulations for debate today, is an important part of this work. I beg to move.

[Lord Kirkhope of Harrogate (Con)]

My Lords, in preparing for what will, in general, be a very short contribution—with one or two questions for the Minister —I went back to 1955 and the establishment of ITV in Britain. When it was established, it came in the form of a great number of companies all over the country—admittedly running analogue services, but nevertheless very much based on the regions that those companies wished to represent, with a real flavour.

I emanate from Newcastle, where I had Tyne Tees Television on channel eight—it was a very good television company—and subsequently moved to Yorkshire, where Yorkshire Television still is a substantial regional company, together with the BBC and the regions that have been set up for it. I was also involved as a director of ausb company that applied for a commercial radio licence in the early 1970s. Again, that was very much a company based not only on regional interests: the content to be put out was required at that time by the IBA to be sufficiently broad, not simply playing records one after another. Over many years, I have seen a drop in the regional nature of productions. Luckily, in a region such as ours, in Yorkshire, we are still left with local programming—from the BBC and ITV, of course, as well as some commercial radio stations—although, as I say, this has been massively diminished.

I have a great concern about this whole question of regional output being maintained. With the current threat to ITV—it looks as if it could be sold to a contractor that may not feel so strongly about having the regional identities of different programme-makers and companies—we might lose Yorkshire Television, Tyne Tees, Granada and companies in the south of England. I am really worried about this.

In that context, I want to ask the Minister one or two quick questions. The Minister referred to the fact that we are moving away from free-to-air TV to on-demand services, but, as she knows—indeed, as we all know—on-demand services have to be paid for. I know that free-to-air TV is also paid for in certain ways, but we have here a situation where a different audience, who can financially afford to move to one of these on-demand services, will be established. Therefore, there does not seem to be a level playing field here.

As far as the regional component is concerned, therefore, I would like to know whether there has been any comment from Ofcom, from the Government or from elsewhere about the balance that has to be drawn between regional programming on free to air and those for which a subscription is necessary. Is that going to be clearly defined between the two so that we continue to have sufficient regional programming, hopefully through the retention of regional television stations? That is an important question.

Secondly, I am confused about the question of repeats. They can be counted against quotas in some cases, but what is the position where a programme is first seen free to air and then consigned to on demand, or never intended for free to air showings? What happens with the repeat situation there?

The third question concerns the definition of regions. As I said, it was very clear in 1955, when the television regions were created, although there have been consolidations since. Are we simply stating, as the Minister did, that anything regional just means outside London? Is there no division here between different regions as to what components? I think there is in the case of the Welsh, with S4C, for instance, where there is a separate arrangement, but is there anything that determines different regions, as opposed to one amorphous thing?

The other thing I would like to ask about is the difference between programmes that are commissioned and paid for by a PSB and those that are simply bought in from an intermediary company. There is a reference here to intermediary companies. Are those intermediary companies subject to the same rules as to regional content as those that are actually commissioned directly by a PSB? I think that is important too, because we have, burgeoning around our country— I know there is one in Sunderland, for instance—companies that are now producing a lot of good regional material. Where that goes and how it is utilised is another matter. Are we therefore looking at the emanation of the regional programmes or the actual putting out of those programmes, either free to air or on an on-demand service? I hope those odd questions are of help.

I finish by saying again that I am deeply worried. Most of us in this House benefit from appearing from time to time, if we wish to, on regional programmes. Certainly, the BBC is very good at giving the views of politicians and so on, and allowing them to speak. ITV does this, but not quite as regularly as it used to do in the regions. I just do not want anything to happen here that further diminishes the way in which the public can enjoy programmes that have a clear regional content or regional basis. I hope that these measures will not affect that and I hope that the Minister will not mind me asking her those questions.

[Lord Storey (LD)]

The Minister is right that how people access television has dramatically changed. We need to move with that change. I presume that in the consultation on this SI, the PSBs were broadly in favour —I think the Minister said this. Will the Minister give her thoughts on the fact that when Ofcom implemented uprating spend quotas by 2% each year to reflect inflation—and, secondly, the requirement for coproduction to have a minimum of 25% PSB funding—it kept the former and will review this every three years but have dropped the latter. I think that might be something we need to consider.

Regional productions outside London, as the Minister said, have been hugely important, but it is about not just productions but the commissioning. Sadly, the commissioning arrangements still largely have London at the centre. I do not know whether the Minister has the current figures for the percentage of regional productions, because it would be interesting to know. If she does not have them, perhaps she can send them —mind you, we can get them from the Library.

--- Later in debate ---

[Baroness Twycross (Lab)]

My Lords, I think I am right in saying that despite the lack of numbers in Grand Committee today, this has been an important and useful debate with interesting points made. I am grateful to all noble Lords who have contributed this afternoon.

It is clear from the contributions that we all recognise the important role our public service broadcasters play, both on and off screen, in their contribution across the country and in our day-to-day lives. The noble Lord, Lord Kirkhope of Harrogate, gave an insightful contribution on some of the background and the value of regional output, reflecting the conversation earlier where he also gave some of the broad texture around it. There is a value to having such insights and it is hugely important for people across the country to recognise their own region in the output of public service broadcasters—I will come to that later when I respond to the noble Lord’s questions.

I also recognise the validity of the point made by the noble Lord, Lord Parkinson of Whitley Bay, on the importance of regional media in the context of an age of devolution of decision-making, and the importance of making sure that we have an appropriate level of coverage where the decisions are made at a regional and local level. As the noble Lord will be aware, given how speedily he and others made sure it received Royal Assent on 24 May 2024, the Media Act 2024 makes much-needed changes to the regulation of public service broadcasting, which was last substantively updated in 2003.

Since then, as I mentioned, internet access and streaming services have fundamentally changed how audiences access content. We are aware that the media landscape is going through a period of rapid change, which is why we are getting on with implementing the provisions in the Media Act designed to modernise the public service broadcasting system, including the PSBs’ quota regime. These regulations simply update and replace existing secondary legislation to implement the changes introduced by the Act, such as permitting the delivery of certain quotas via a wider range of services.

I come to the points and questions raised by noble Lords. The noble Lord, Lord Kirkhope of Harrogate, asked a number of questions about regional commissioning and the extent to which public service broadcasters are doing enough in this area. I will go through a number of those points. We think PSBs are leading the way in this area. On average, they spent 62% of their external production budgets outside the M25 last year, and they are among the largest employers outside London. For example, 69% of ITV staff are based outside the capital. However, we want them and the rest of the sector to go further by investing more and opening up more opportunities for people across the country beyond just these quotas.

The noble Lord also asked about repeats and whether they would count towards the regional production quotas. As with original productions, decisions on whether repeats can count towards the regional production quota sit with Ofcom. Following consultation, Ofcom has proposed excluding repeats from regional production quotas, as is the case currently. Its decision reflects the importance of regional programming and the continued investment in productions in the nations and regions.

Both the noble Lord, Lord Kirkhope of Harrogate, and the noble Lord, Lord Parkinson, asked about the extent to which “regional” is classed as just outside London. Ofcom guidance sets out the definition currently of what can count towards the regional production quota. To qualify as a regional production, at least two of the following three criteria must be met. The production company must have a substantive business and production base in the UK outside the M25; at least 70% of the production budget, excluding some specific costs, must be spent in the UK outside the M25; and at least 50% of production talent by cost must have their usual place of employment in the UK outside the M25. I do not have a more nuanced detail on regional breakdown beyond this. However, I am happy to commit to contacting Ofcom and raising the points the noble Lord, Lord Kirkhope, raised, because for large parts of the country, outside the M25 does not necessarily count as being close to where they are regionally.

[Lord Kirkhope of Harrogate (Con)]

This is important. If we simply talk about “regional” output, it could all be just in Hertfordshire, which would have no effect whatever on the north-east of England, Yorkshire, Lancashire or, indeed, anywhere else. That is what we are looking at here—how this is divested downwards, as it were. I should be grateful if the Minister can find out for me the proportions.

[Baroness Twycross (Lab)]

Absolutely. I will get in touch with Ofcom about the noble Lord’s point, which was well made. As somebody who has spent a large part of my life in London and the south-east, the one thing I would say is that outside the M25 is not the same as outside London, but, at the moment, it is quite clear that not all the remaining production takes place in Hertfordshire, for example, albeit some of it will. I take some comfort from that, but the noble Lord made the point extremely well. We will get in touch with Ofcom, and I will share the letter with him and others taking part in this debate.

Lord Byron: 200th Anniversary

Lord Kirkhope of Harrogate Excerpts

Tuesday 16th April 2024 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I am happy to reassure the noble Earl that, yes, we are. Historic England does a great deal of work, working with police forces across the UK on this important issue. We have to protect our public statues from, alas, vandalism and theft, and from the challenges of climate change. On this, the department, Historic England and many others work closely.

[Lord Kirkhope of Harrogate (Con)]

My Lords,

“To have joy, one must share it”.


That is a quotation from Lord Byron. He is hardly being shared where he is presently located. Indeed, the proposals to go to Hyde Park seem almost as bad. Will my noble friend the Minister look carefully at the activities of the Fourth Plinth Commissioning Group at Trafalgar—or “Trafulgar”—Square, where we have seen recently some very interesting choices being made as to who should occupy that plinth. In the final run-off, before announcements were made, it included a great sweet potato and an ice-cream van. Surely Lord Byron deserves better, and would be better placed there to give to the people of this country the joy that he wishes us to share.

[Lord Parkinson of Whitley Bay (Con)]

As Arts Minister, I am certainly not an art critic. I have always lived by the motto “de gustibus non est disputandum” when it comes to the selection of artwork. The matter of the fourth plinth is the responsibility of the Mayor of London, but I certainly share my noble friend’s hopes that, in moving the statue of Lord Byron to its more prominent place by Victoria Gate, more people will be able to admire this wonderful bronze work by Richard Belt, as well as the very kind Greek donation of the marble, and learn more about Byron’s life and works and be inspired by them.

Young Female Racing Drivers

Lord Kirkhope of Harrogate Excerpts

Tuesday 18th April 2023 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree with the noble Baroness: we want to hear more from the women who are involved at the highest levels in motorsport, inspiring women such as Susie Wolff, and to remind people of the trailblazing women who have paved the way, such as Lella Lombardi and Desiré Wilson—who has a grandstand name after her at Brands Hatch. Officials at the department have spoken to Formula 1 about the creation of the F1 Academy. As I say, we warmly welcome that as a way of inspiring more people, and are working on the cross-government sports strategy, which, of course, involves liaising with the Department for Education to make sure that in schools we are enabling people to get involved, try new sports and go as far as their talent and ambitions take them.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I declare an interest as a driver of a fast car, but I suggest that the game is up as far as your Lordships are concerned. The truth of the matter is that statistic after statistic says clearly that women are better drivers than men. Indeed, four times as many reckless driving cases are brought to our courts in relation to men than in relation to women. Does my noble friend agree that the time is now ripe for us to return to the issue of insurance premiums and to stop women being discriminated against with regard to them, reflecting their better driving?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend’s point is a matter for colleagues in the Department for Transport, but I shall certainly pass it on. I agree with him. Motor sports are ones in which women and men can compete on equal terms; they have done in the past and we would like to see more of that in future. We welcome initiatives to ensure that all women get involved and able to do so.

Broadband: Social Tariffs

Lord Kirkhope of Harrogate Excerpts

Tuesday 31st January 2023 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I am very grateful to the noble Baroness, whose Question is helping us to raise awareness for all those that need it. As I said, we are working with a number of groups and parties across the country to get the message out. She rightly underlines the importance of the internet to the way everybody leads their lives. One of the myths to bust is that the speed provided on a social tariff is inferior to other ones. Many providers offer very good services for people, and we are keen to get the message out, through our communications campaign and our work with the Department for Work and Pensions, on the other issues she mentions.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the Minister is right in what he says, but while we all support the universal need for broadband, since 26 December last year, as he knows, planning regulations have been changed so that all new-build housing must have full-fibre broadband provision. Is he satisfied with that, and does he not think there are other ways in which we can encourage providers to provide full fibre for a much wider area of the country?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is right to point to the changes that were made in the building regulations on Boxing Day. That, of course, sits alongside the work we have taken forward through two telecommunications infrastructure Acts to help ensure that connectivity reaches more households, particularly those in large blocks of flats. It accompanies our wider work to ensure that everyone has access to high-speed internet. As a result of that, 73% of UK premises can now access gigabit-capable broadband, a huge increase from just 6% this time four years ago.

Football: Abuse and Violence

Lord Kirkhope of Harrogate Excerpts

Monday 12th December 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

We have already had discussions in connection with the Online Safety Bill to make sure we tackle the completely unacceptable form of abuse we see against football players and others in leading positions in sport, following their performances. The Bill is designed to ensure that everybody has a safe and enjoyable experience online, and I look forward to debating it with noble Lords when it reaches your Lordships’ House.

[Lord Kirkhope of Harrogate (Con)]

My noble friend acknowledges, as other noble Lords have mentioned, the enormous amount of time that young people spend playing and enjoying football. Does he not think that we ought to be speaking out more about some of the influencers from senior clubs and the language that appears to be permitted in our football grounds?

[Lord Parkinson of Whitley Bay (Con)]

Yes—verbal abuse and some of the chants that we hear need to be addressed. The FA’s “Enough is Enough” campaign is, as I say, making it clear that anybody who undertakes unacceptable behaviour will have action taken against them.

London Olympic and Paralympic Games 2012: Legacy

Lord Kirkhope of Harrogate Excerpts

Monday 10th October 2022 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, while I welcome the initiatives the Government take to support sport, and support the Question from my noble friend, will the Minister comment on sponsorship? We are always welcoming financial involvement by organisations, commercial and otherwise, but there is concern that some of the sponsors in sport nowadays are putting forward messages that are not necessarily in line with a positive attitude in bringing on young people, in particular, in sports.

[Lord Kamall (Con)]

My noble friend raises a very important point. I am not sure of the exact details, so I will have to take that back to the department and write to him.

Repatriation of Cultural Objects

Lord Kirkhope of Harrogate Excerpts

Tuesday 6th September 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I echo the noble Lord’s congratulations to the Horniman on its accolade as museum of the year and, indeed, to the People’s History Museum, which was shortlisted and narrowly lost out. As I said, the Horniman Museum is not prohibited in law from taking the decision. The trustees let us know that they had been approached with a request for restitution; I am satisfied that they went about it in a thoughtful manner, in accordance with their guidance. Separate guidance has been published by Arts Council England to inform deliberations by other museums but this does not have any implications for wider positions, particularly in relation to the barrier in law to deaccessioning.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I do not wish to be churlish but I really must bring my noble friend’s attention to when this Question was raised previously and my own contribution. I asked at that time what negotiations or discussions were to take place between the Government represented by my noble friend and the Government of Denmark about the large amount of silver and other valuables that were looted, particularly from the east coast of this country, in history. Can he guarantee that, if discussions are to take place in this area, he will also be looking to bring back to this country that which is ours?

[Lord Parkinson of Whitley Bay (Con)]

Again, my noble friend makes an important point. The reason that we have a legal bar on deaccessioning is to protect our national collection so that people—both those from the UK and the many visitors from around the world who come to our excellent museums—are able to see items from across human civilisation and see them in the great sweep of that wide context. Often, the debate about where things are physically located obstructs the more important purpose of museums, which is to continue to educate and inform people about items; that matters wherever they are. In the case of the Horniman Museum, the items that it has transferred legal title of will remain at the Horniman Museum for the foreseeable future.

Channel 4: Annual Report

Lord Kirkhope of Harrogate Excerpts

Thursday 21st July 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am happy to say that we wrote to Channel 4 on 9 June, three weeks, I believe, after receiving the draft copy of the report, outlining our concerns relating to some of the language in the report, which we believed to be at odds with commitments, given to the department at official and ministerial level, to work collaboratively on this issue of its future ownership. As I say, we may have disagreements with some figures at Channel 4 about that, but the Government’s intention is to ensure that Channel 4 has a secure future and the access to capital it needs to continue to entertain and inform audiences in the decades to come.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the Government very rightly supported the headquarters of Channel 4 moving to Leeds. Those of us from Yorkshire are particularly proud that we now have that Channel 4 presence in Leeds. I think some Ministers indicated that it was part of the so-called levelling-up process. Can my noble friend confirm that whatever decision the Government might take, they will do their very best to ensure that the headquarters of Channel 4 remains in Yorkshire?

[Lord Parkinson of Whitley Bay (Con)]

We are very proud to see the benefits that Yorkshire and other parts of the country have accrued from Channel 4 moving its headquarters. Under private ownership, we will maintain Channel 4’s existing obligations for regional production across the whole of the UK. That is one of the things that is so distinctive about the channel, and which would make it an attractive asset to a buyer.

Gambling White Paper

Lord Kirkhope of Harrogate Excerpts

Wednesday 20th July 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the noble Baroness is being a little unfair, particularly on broadband. Our rollout of gigabit-enabled broadband continues apace, bringing connectivity to many more households across the country. The department is still hard at work on all six Bills that we have this Session. I enjoyed speaking to her this morning about the Online Safety Bill and look forward to debating that and other measures in your Lordships’ House.

[Lord Kirkhope of Harrogate (Con)]

My Lords, the right reverend Prelate is quite correct in what he says, and I support fully his remarks. I had responsibility in the Home Office in the 1990s for gambling and the Government at that time were extremely cautious about allowing the development of gambling, particularly its effect on young people. I remain deeply concerned about what is actually being talked about. My noble friend also must take into account the views of the responsible gambling organisations, which actually feel just as strongly as the rest of us that gambling should be properly regulated and that we should be careful to ensure that it does not do untold damage to young people in particular.

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is right. Through the work that we have done on the review of the Gambling Act we have, of course, engaged with lots of people, including from the industry, many of whom have been taking forward important actions to make sure that people can gamble safely, fairly and without a problem. All the thoughts we have had through that consultation will be reflected in the White Paper.

Heritage Steam Sector: Coal

Lord Kirkhope of Harrogate Excerpts

Wednesday 18th May 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is absolutely right to remind your Lordships’ House of the commitment made by my noble friend in respect of the Environment Act. In respect of Russia, in response to President Putin’s illegal invasion of Ukraine, the Government have rightly committed to phasing out Russian coal imports by the end of 2022. We think that gives enough time to find alternative suppliers, but we understand and appreciate the pressures on the heritage rail sector, particularly as it faces a crucial year recovering from the pandemic. We have been pleased to discuss this—my honourable friend the heritage Minister has done so with the sector—and we would be very happy to continue to do so as the year unfolds.

[Lord Kirkhope of Harrogate (Con)]

My Lords, can I raise a wider question with my noble friend? Not only are we talking about steam engines on rail, but about a very big element in society for steam traction engines and other vehicles of this kind. The key point is that the nature of the coal is almost as important as the amount. The amount of sulphur in the coal, for instance, is critical to the safe operation of steam engines on rail, all these other steam-powered vehicles, and indeed those things in showgrounds that we all love to see.

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is absolutely right; this is important for traction engines, maritime steam, industrial museums, blacksmiths and many more. I had the pleasure of discussing this with the director of the National Railway Museum last week at the Science Museum. Despite encouraging research trials by a number of partners in the UK to produce an artificial coal alternative, it is still very much in the research and development stage, with no alternative sources at present. So we continue to discuss this with the sector.