Office of Public Sector Information
SCHEDULE 2 continued PART IV continued
(3) Sub-paragraph (2) does not apply in any case where the body corporate holding the licence—
(a) is already the proprietor of some other national newspaper or is already connected with such a proprietor, and
(b) does not become connected with—
(i) any other person who holds a licence to provide a regional Channel 3 service or a local radio service, or
(ii) any person who holds a licence to provide digital programme services and is providing a service under that licence.
(4) Subject to sub-paragraph (5), a body corporate which holds a licence to provide a regional Channel 3 service or a local radio service shall not become, or become connected with, the proprietor of a relevant local newspaper and continue to hold the licence if the relevant authority determine within the permitted period that in all the circumstances the continued holding of the licence by that body corporate operates, or could be expected to operate, against the public interest.
(5) Sub-paragraph (4) does not apply in any case where the body corporate which holds the licence—
(a) is already the proprietor of some other local newspaper which is a relevant local newspaper in relation to the service referred to in that sub-paragraph, or is already connected with such a proprietor, and
(b) does not become connected with—
(i) any other person who holds a licence to provide a regional Channel 3 service or local radio service in relation to which that other local newspaper is also a relevant local newspaper, or
(ii) any person who holds a licence to provide digital programme services and is providing a service under that licence in relation to which that other local newspaper is also a relevant local newspaper.
(6) For the purposes of this paragraph a local newspaper is a “relevant local newspaper”, in relation to any service, if it serves an area which is to a significant extent the same as the coverage area of the service.
(7) In this paragraph “the permitted period” has the meaning given by paragraph 9(5) and (6).
11 (1) A body corporate which holds a licence to provide digital programme services and is, or is connected with, the proprietor of a national newspaper or a relevant local newspaper, shall not begin to provide a digital programme service if the Commission determine before the end of the period specified in sub-paragraph (2) that in all the circumstances the provision of that service by that body corporate could be expected to operate against the public interest.
(2) The period referred to in sub-paragraph (1) is the period of three months beginning with the day on which the Commission are notified pursuant to section 19(3) of the 1996 Act of an agreement to provide the digital programme service, or such longer period beginning with that day as the Commission may in a particular case, after consultation with the licence holder, notify him during those three months as being the period which they reasonably consider necessary in the circumstances.
(3) Subject to sub-paragraph (4), a body corporate which is providing a digital programme service shall not become, or become connected with, the proprietor of a national newspaper and continue to provide the service if the Commission determine within the permitted period that in all the circumstances the continued provision of the service by that body corporate operates, or could be expected to operate, against the public interest.
(4) Sub-paragraph (3) does not apply in any case where the body corporate which is providing the digital programme service—
(a) is already the proprietor of some other national newspaper or is already connected with such a proprietor, and
(b) does not become connected with—
(i) the holder of a licence to provide a regional Channel 3 service or a local radio service, or
(ii) the holder of another licence to provide digital programme services who is providing a service under that licence.
(5) Subject to sub-paragraph (6), a body corporate which is providing a digital programme service shall not become, or become connected with, the proprietor of a relevant local newspaper and continue to provide the service if the Commission determine within the permitted period that in all the circumstances the continued provision of the service by that body corporate operates, or could be expected to operate, against the public interest.
(6) Sub-paragraph (5) does not apply in any case where the body corporate which is providing the digital programme service—
(a) is already the proprietor of some other local newspaper which is a relevant local newspaper in relation to the service referred to in that sub-paragraph, or is already connected with such a proprietor, and
(b) does not become connected with—
(i) the holder of a licence to provide a regional Channel 3 service or local radio service in relation to which that other local newspaper is also a relevant local newspaper, or
(ii) the holder of another licence to provide digital programme services who is providing a service under that licence in relation to which that other local newspaper is also a relevant local newspaper.
(7) In this paragraph—
(a) references to a relevant local newspaper shall be construed in accordance with paragraph 10(6), and
(b) “the permitted period” has the meaning given by paragraph 9(5) and (6).
12 (1) Notice may be given to the relevant authority in accordance with this paragraph of proposed arrangements which might result—
(a) in the application of paragraph 9(2) to a body corporate which holds a licence to provide any of the services specified in paragraph 9(4),
(b) in the application of paragraph 10(2) or (4) to a body corporate which holds a licence to provide a regional Channel 3 service or a local radio service, or
(c) in the application of paragraph 11(1), (3) or (5) to a body corporate which holds a licence to provide digital programme services.
(2) A notice under sub-paragraph (1)—
(a) may be given by the licence holder or any other person appearing to the relevant authority to be concerned,
(b) shall state that the existence of the proposal has been made public, and
(c) shall be in such form as the relevant authority may require.
(3) The relevant authority may, at any time before making a determination under this paragraph, require the person who gave the notice to provide them with such further information with respect to the notified arrangements as they think fit.
(4) The relevant authority shall, as soon as reasonably practicable, determine whether in all the circumstances, if the notified arrangements were carried into effect, the continued holding of the licence by the body corporate could be expected to operate against the public interest.
(5) If—
(a) the relevant authority determine, in relation to any notified arrangements, that the fact referred to in sub-paragraph (4) could not be expected to operate against the public interest, and
(b) the notified arrangements are carried into effect within the period of 12 months beginning with the date of the determination,
the relevant authority may not make any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) arising out of the carrying into effect of the notified arrangements.
(6) Sub-paragraph (5) does not prevent any determination under paragraph 9(2), 10(2) or (4) or 11(1), (3) or (5) being made if—
(a) any information given to the relevant authority in respect of the notified arrangements by the person who gave the notice is in any material respect false or misleading, or
(b) since the making of the determination there has been a material change of circumstances (other than such a change of which notice was given to the relevant authority under sub-paragraph (3) before the making of the determination).
(7) In this paragraph “the notified arrangements” means the arrangements mentioned in the notice under sub-paragraph (1) or arrangements not differing from them in any material respect.
13 (1) The matters to which the relevant authority shall have regard in determining, for the purposes of paragraph 9, 10, 11 or 12, whether the holding of a licence by a body corporate which is, or is connected with, the proprietor of a newspaper operates, or could be expected to operate, against the public interest include—
(a) the desirability of promoting—
(i) plurality of ownership in the broadcasting and newspaper industries, and
(ii) diversity in the sources of information available to the public and in the opinions expressed on television or radio or in newspapers,
(b) any economic benefits (such as, for example, technical development or an increase in employment or in the value of goods or services exported) that might be expected to result from the holding of the licence by that body but could not be expected to result from the holding of the licence by a body corporate which was not, and was not connected with, the proprietor of a newspaper, and
(c) the effect of the holding of the licence by that body on the proper operation of the market within the broadcasting and newspaper industries or any section of them.
(2) References in paragraphs 9, 10, 11 and 12 to the public interest include references to the public interest within any area of the United Kingdom.
14 In relation to any determination under paragraph 11(1), (3) or (5), references in paragraphs 12 and 13 to the holding of the licence shall have effect as references to the provision of the service.
15 (1) The Secretary of State may by order—
(a) prescribe restrictions on the holding of one or more licences to provide restricted television services by a person who runs a national or local newspaper, and
(b) apply any of the provisions of paragraphs 9 to 13, with such modifications as may be specified in the order, in relation to the holding of a licence to provide a restricted television service.
(2) Any order under sub-paragraph (1) may provide that, for the purposes of any provision of the order, a person is to be treated as holding a licence if the licence is held by a person connected with him.
(3) In this paragraph “restricted television service” means a restricted service within the meaning of Part I of this Act.”
12 (1) Section 5 of the 1990 Act (restrictions on the holding of licences) is amended as follows.
(2) For subsection (6) there is substituted—
“(6) The Commission shall not serve any such notice on the licence holder unless—
(a) the Commission have notified him of the matters complained of and given him a reasonable opportunity of making representations to them about those matters, and
(b) in a case where the relevant change is one falling within subsection (6A)—
(i) they have also given him an opportunity of complying with Parts III and IV of Schedule 2 within a period specified in the notification, and
(ii) the period specified in the notification has elapsed.
(6A) A relevant change falls within this subsection if it consists only in one or more of the following—
(a) a change in the percentage of total audience time attributable to one or more services for the purposes of paragraph 2 of Part III of Schedule 2;
(b) a change in the national market share (within the meaning of Part IV of that Schedule) of one or more national newspapers (within the meaning of that Part of that Schedule);
(c) a change in the local market share (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
(6B) Where a licence has been granted in a case where the Commission could have made a determination under paragraph 9(1) or 10(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection (5) does not enable the licence to be revoked merely because a change is such that the Commission would have made such a determination in the new circumstances of the case.”
(3) In subsection (7)—
(a) after paragraph (b) there is inserted— “or
(c) any other change giving rise to a failure to comply with any requirement imposed by or under Schedule 2,”, and
(b) for “(in either case)” there is substituted “(in any case)”.
13 (1) Section 88 of the 1990 Act (restrictions on the holding of licences) is amended as follows.
(2) For subsection (6) there is substituted—
“(6) The Authority shall not serve any such notice on the licence holder unless—
(a) the Authority have notified him of the matters complained of and given him a reasonable opportunity of making representations to them about those matters, and
(b) in a case where the relevant change is one falling within subsection (6A)—
(i) they have also given him an opportunity of complying with Parts III and IV of Schedule 2 within a period specified in the notification, and
(ii) the period specified in the notification has elapsed.
(6A) A relevant change falls within this subsection if it consists only in one or more of the following—
(a) a reduction in the total number of points, calculated in accordance with paragraph 9 of Part III of Schedule 2, attributable to all the services referred to in paragraph 8(1) or (2)(a) or (b) of that Part of that Schedule;
(b) a change in the national market share (within the meaning of Part IV of that Schedule) of one or more national newspapers (within the meaning of that Part of that Schedule);
(c) a change in the local market share (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
(6B) Where a licence has been granted in a case where the Authority could have made a determination under paragraph 9(1) or 10(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection (5) does not enable the licence to be revoked merely because a change is such that the Authority would have made such a determination in the new circumstances of the case.”
(3) In subsection (7)—
(a) after paragraph (b) there is inserted— “or
(c) any other change giving rise to a failure to comply with any requirement imposed by or under Schedule 2,”, and
(b) for “(in either case)” there is substituted “(in any case)”.
Broadcasting Act 1996