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The Â鶹ԼÅÄ Trust is required to review the operation of clauses 54, 55 and 56 of the Â鶹ԼÅÄ Agreement at least every two years. Clause 54 refers to the Window of Creative Competition (WoCC) which is the part of Â鶹ԼÅÄ network television commissioning for which in-house and independent producers can compete on equal terms for commissions. Clause 55 concerns competitive opportunities for the production of non-network programmes, and clause 56 concerns the arrangements through which a proportion of programmes must be reserved for in-house production (known as the in-house guarantee).

The WoCC came into effect fully on 1 April 2007. This document sets out the scope, approach and timetable for the Trust's review.

The commitment to undertake periodic reviews of the operation of these aspects of TV commissioning forms part of the Trust's obligation to assess the performance of the Â鶹ԼÅÄ and hold the Executive to account. Specifically, the Agreement requires that the Trust must investigate thoroughly the Â鶹ԼÅÄ's compliance with clauses 54 – 56 and consider whether any aspect of the Â鶹ԼÅÄ's arrangements for complying with them ought to be modified. Amongst other things, the Trust is required to look at:

• whether an appropriately wide range and diversity of programmes have been made through the WoCC; and
• whether the geographical location and size of external producers who made bids to make programmes through the WoCC suggests that the process of competition has been fair and transparent.

The review will consider the following areas.

• How has the Â鶹ԼÅÄ implemented the requirements of clauses 54-56 of the agreement and what effect has the implementation had on the Â鶹ԼÅÄ's commissioning arrangements?
• How are the arrangements operating in practice from the perspectives of the independent production sector and Â鶹ԼÅÄ staff (programme commissioners and Â鶹ԼÅÄ in-house producers)?
• What evidence is there that the process up to the point of commission has been fair and transparent?
• What are the early outcomes in terms of the volume and range of programmes made by independent and in-house producers?
• Whether there are any emerging trends in terms of the impacts on programme quality or value for money?
• What kind of spread of commissioning between in-house and independent sectors, across genres and in terms of geographic location of producers have the arrangements led to?
• How effective have the complaint handling arrangements proved to be, and what lessons have been learned from complaints made?
• Are there ways in which the Â鶹ԼÅÄ's operation of the WoCC, the in-house guarantee or creation of competitive opportunities for the production of non-network programmes should change, either to deliver better quality or value for licence fee payers or to stimulate more creative competition?
• In addition to reviewing the operation of the WoCC as outlined above, the Trust will also seek views more generally on whether producers consider they are treated fairly across the whole commissioning process – including up to the point of delivery/transmission

The review will gather data and evidence from stakeholders within and outside the Â鶹ԼÅÄ. The Trust may also draw on independent expertise if it considers this necessary. The Trust will publish its findings.

The main data sources for the review will be:

• Operational data will be supplied by the Â鶹ԼÅÄ Executive. Where data has not previously been subject to audit or independent validation, the Trust Unit may as part of the review commission such validation as it considers necessary and appropriate.
• Publicly available data concerning the Â鶹ԼÅÄ's TV commissioning processes including complaint handling arrangements – the primary source being the Â鶹ԼÅÄ's commissioning web pages as accessible to those outside the Â鶹ԼÅÄ with an interest in pitching for commissioning opportunities.
• Stakeholder research to be conducted by the Trust with support from a suitable external specialist. Categories of stakeholder to be covered will include:
• Commissioning staff and line managers
• In-house production units
• 'Qualifying' independent producers
• Non-'qualifying' independent producers
• Representative trade and professional bodies – PACT in particular
• Relevant regulatory bodies

The review will look separately at the operation of network (Clause 54 and 56) and non-network (Clause 55) aspects of commissioning.